Possessing a weapon for self-defense is embedded in our nation’s Constitution. Yet, across the country, there are numerous federal and state restrictions that tell us exactly how we can exercise this fundamental right. Fortunately, in Louisiana, most adults can buy and openly carry guns. However, this does not mean that Louisiana does not have strict gun-related regulations or that a violation of these rules will result in a lenient sentence.
In this blog post, we want to provide you with a better understanding of Louisiana’s laws regarding having or using a weapon. Specifically, detailing when it is illegal to carry a concealed weapon, when you can be charged with a crime for carrying, possessing, or using a gun or dangerous weapon, and how an experienced criminal defense lawyer can help you navigate these complicated regulations.
Carrying a Concealed Weapon- When Is It Illegal in Louisiana
Typically, most places in Louisiana allow an individual that has a permit to carry a concealed handgun. Without this permit, the state does not allow any individual to intentionally hide a firearm or dangerous weapon on or near their body.
However, even if you have a permit. It is still against the law to carry a concealed handgun to certain places or events, including:
- Places of worship, unless the organization has permitted it
- Parades or permitted demonstrations
- Another person’s home, unless the homeowner has consented
- Any place where guns are banned
You can also be held accountable for a crime if you are under the influence of drugs or alcohol and are carrying a concealed handgun, or you are carrying the firearm in a negligent way. Negligently carrying a handgun means that the gun is likely to discharge, or other individuals may reasonably fear that you are about to commit a crime or that it will go off.
What Does it Mean to Have a Firearm or a Dangerous Weapon?
According to the revised Louisiana laws, the definition of a”firearm” includes the following:
- A shotgun having a barrel of less than 18 inches in length
- Any weapon made from either a rifle or a shotgun if the weapon has been modified to have an overall length of less than 26 inches
- A rifle having a barrel of less than 16 inches in length
- Any other pistol, revolver, shotgun, or firearm from which the serial number or identification mark has been obliterated
- Any pistol, rifle, shotgun, machine gun, revolver, assault rifle, or submachine gun designed to fire or can fire fixed cartridge ammunition or from which a shot is discharged by an explosive
In comparison, dangerous weapons are defined as any liquid, gas, substance, object, or instrument that is intended to be used in a way that is likely to result in death or which death can be readily and easily produced.
How to Qualify for a Concealed Handgun Permit in Louisiana
In Louisiana, if you are looking to qualify for a concealed handgun permit, you need to meet the following elements:
- Be at least 21 years old
- Live in the state, and
- Complete an approved firearm class
Additionally, you also need to be free of any disqualifying factors, including domestic violence misdemeanors, being subject to domestic violence restraining orders, drug or alcohol abuse, or convictions for a felony.
Penalties For Illegally Carrying Weapons in Louisiana
If you are charged with illegally carrying a weapon in Louisiana, first convictions may include up to six months of jail time and a fine up to $500. If the defendant has any subsequent convictions for the illegal carrying of weapons, they can be charged with a felony, face prison time, and have to pay significant penalties. For instance:
- Second Convictions: The offender can be imprisoned with or without hard labor for up to five years.
- Third and Subsequent Convictions: The offender can be imprisoned with or without hard labor for up to ten years without the benefit of probation, suspension of the sentence, or parole.
However, there are many factors that can determine what charges you will be facing, including how much time has passed since your last conviction and the specifics of the crime you are involved in. For these reasons, it is vital to speak with an experienced criminal defense attorney who can go over your case and help you with your charges.
Bringing Weapons to Bars, Schools, and Other Establishments
There are extensive restrictions when it comes to bringing weapons to certain places in the state, including:
- Bars: Any establishment that sells alcoholic beverages for consumption is off-limits for concealed carry permit holders. If a restaurant contains a bar, that bar area is also off-limits. In addition, if any establishment posts signs indicating that firearms are not allowed. Patrons need to comply with these rules.
- Schools: It is illegal for an individual to carry any firearm or dangerous weapon onto school property. This includes K-12 schools, universities, colleges, vocational schools, school buses, school-sponsored functions, and within 1,000 feet of school property. However, there are numerous exceptions to this rule.
- Casinos: According to the Louisiana Criminal Code, no weapons are allowed in the casino’s designated gaming areas.
If you have any questions regarding bringing weapons to specific events or establishments, it is in your best interest to speak with an experienced Louisiana criminal defense attorney. These lawyers can let you know exactly where these weapons are and are not allowed.
Get the Legal Help You Need- Contact an Experienced Louisiana Criminal Defense Lawyer
Remember- it is your responsibility as a gun owner to not only know but understand Louisiana’s laws regarding weapons and guns. Failing to do so can result in strict penalties, extensive fines, and even lengthy prison sentences. However, if you are charged with one of these violations, you should not have to handle this difficult ordeal on your own.
If you or your family has been charged with using, carrying, or being in possession of a gun or weapon. Do not wait. Contact an experienced Louisiana criminal defense lawyer today or call our office at 504-523-6496.
