Louisiana Gun Crimes Lawyers

Protecting Your Constitutional Gun Rights in Louisiana

The Second Amendment of the U.S. Constitution protects an individual’s right to keep and bear arms, a principle strongly upheld in Louisiana. However, the intersection of this right with public safety laws creates tricky legal challenges. The state recognizes that while individuals have a right to defend themselves, their families, and their property, laws are in place to regulate how, when, and where firearms can be carried or used. The balance between personal freedom and public safety leads to strict legal consequences for those accused of violating gun laws.

If you are facing firearm-related charges in Louisiana, understanding your rights, the material legal issues, and defense options is crucial to protecting your future. Our experienced Louisiana gun crimes lawyers can help you with these legal issues and work toward the best possible outcome. If you’re facing gun charges, the next steps matter.

Contact Whiddon Law Office today to discuss your situation and understand your legal options.

What Are Louisiana’s Gun Laws?

Louisiana has some of the least restrictive gun laws in the country, reflecting the state’s strong support for the Second Amendment. Despite the general permissiveness of firearm ownership, there are still strict regulations on where and how firearms can be carried, as well as who is legally allowed to possess them. Violating these laws can have serious legal consequences, including hefty fines and lengthy prison sentences. A Louisiana firearm defense attorney can provide crucial guidance if you are facing gun-related charges.

Who Can Purchase and Possess Firearms in Louisiana?

Louisiana law allows individuals over 18 to purchase and possess firearms without a permit, provided they are not otherwise prohibited by law. Additionally, the state operates as a “shall-issue” jurisdiction for concealed carry permits. Applicants who meet legal criteria must be issued a permit. Open carry is legal in Louisiana, with exceptions in certain areas, such as schools, government buildings, and establishments serving alcohol.

Despite these rights, restrictions apply to individuals with criminal histories or specific legal disqualifications. Certain individuals, such as convicted felons, domestic abusers, and those subject to protective orders, are legally barred from possessing firearms under both state and federal law. Legal representation is essential to safeguard your rights if you face allegations of illegal firearm possession in Louisiana.

What Are Examples of Gun Charges in Louisiana?

While Louisiana recently became a “permitless carry” state, this does not mean that firearm regulations have disappeared. In fact, many individuals find themselves facing serious gun charges due to minor misunderstandings of where, how, and by whom a weapon can be possessed. At Whiddon Criminal Defense, we believe that every citizen deserves a robust defense, especially when their Second Amendment rights and personal liberty are on the line.

The consequences of a firearm conviction in Louisiana can be life-altering, ranging from heavy fines to decades of mandatory prison time. Because these laws are frequently updated by the legislature, having a knowledgeable attorney by your side is essential to navigating the complexities of the judicial system.

Common Types of Firearm Offenses in Louisiana

Firearm violations in our state generally fall into several categories, each carrying its own set of mandatory minimums and legal hurdles. Understanding the specific charge you are facing is the first step in building a successful defense.

Felon in Possession of a Firearm
Illegal Carrying of Concealed Weapons
Possession of a Firearm with Drugs
Illegal Use of Weapons or Dangerous Instrumentalities

Speak with our gun crimes lawyers in Louisiana today for help fighting your gun charges.

Why You Need Aggressive Representation

The state of Louisiana takes a hardline stance on firearm litigation. Prosecutors rarely offer lenient plea deals in cases involving a concealed weapon or prior felony records. However, being charged does not mean you will be convicted. We have represented clients in a wide array of firearm cases where the evidence was obtained through unconstitutional means or where “constructive possession” could not be proven beyond a reasonable doubt.

How Are Gun Crimes Penalized in Louisiana?

Louisiana carries some of the nation’s most harshest penalties for gun charges, particularly for individuals with a prior criminal record. Understanding how the state penalizes gun crimes is essential for anyone facing dangerous weapons charges or navigating the restoration of their convicted felon rights. While the state generally supports the Second Amendment, it strictly enforces statutes like La. R.S. 14:95.1 and 14:95, which govern the possession of firearms and the act of carrying a concealed weapon.

Felon in Possession of a Firearm

The most common and severe firearm-related offense in the state is being a felon in possession of a firearm. Under La. R.S. 14:95.1, it is illegal for anyone convicted of certain felonies—including burglary, drug offenses, and any crime of violence—to possess a firearm or carry a concealed weapon. A felony conviction defense in these cases is difficult because the penalties are mandatory:

Imprisonment: A minimum of five years and up to 20 years at hard labor.
No Benefits: These sentences must be served without the benefit of probation, parole, or suspension of sentence.
Financial Fines: Defendants are also subject to fines ranging from $1,000 to $5,000.

Enhanced Penalties and Crimes of Violence

Louisiana law imposes enhanced penalties when a firearm is used during the commission of another crime. If an individual is found carrying a concealed weapon while committing a felony or a specifically enumerated misdemeanor, the court may increase the base sentence significantly. Furthermore, if a firearm is discharged during a crime of violence, such as armed robbery or aggravated assault, the mandatory minimum sentences can jump to 20 years or more.

A criminal defense attorney will often point out that these penalties are often consecutive, meaning they are added on top of the sentence for the underlying crime, rather than served at the same time. This compounding effect makes cases involving possession during other illegal acts particularly high-stakes for the defendant.

Can You Get Federal Charges For Louisiana Firearm Offenses?

Federal gun laws, enforced by agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), impose additional restrictions beyond Louisiana state law. For example, federal law prohibits firearm possession by individuals convicted of domestic violence offenses, even if the state does not explicitly restrict ownership for the same offense. Additionally, federal law mandates background checks for firearm purchases from licensed dealers. At the same time, Louisiana does not require checks for private sales.

Federal charges often carry more severe penalties, including mandatory minimum sentences for offenses such as illegal firearm trafficking and possession of a firearm by a convicted felon in Louisiana.

Common Gun-Related Offenses in Louisiana

Illegal Carrying of a Firearm

Louisiana law prohibits carrying a concealed firearm without a valid permit. Violating this law is a misdemeanor offense, punishable by fines and up to six months in jail. However, if the weapon is carried in a bar or nightclub or in conjunction with certain other crimes, the penalties become more severe. If you are charged with gun charges defense in Louisiana, an attorney can help fight for your rights.

Possession of a Firearm by a Convicted Felon

Under La. R.S. 14:95.1, individuals convicted of certain felonies are prohibited from possessing firearms for 10 years after their sentence is completed, including parole or probation. This offense is classified as a felony and carries a mandatory minimum sentence of five years in prison without parole, making it one of the most severe firearm-related offenses in Louisiana. If you have been charged with this crime, hiring a Louisiana firearm defense attorney is critical to exploring legal defenses and potential case dismissals.

Use of a Firearm in a Crime of Violence

If a firearm is used during the commission of a violent crime, Louisiana law provides enhanced penalties under La. R.S. 14:95.2. These crimes include armed robbery, aggravated assault, and homicide. Defendants convicted of a violent crime involving a firearm face mandatory additional prison time, which must be served consecutively to any other sentence imposed.

Are There Defenses to Gun Crime Charges in Louisiana?

1) Fourth Amendment Violations – Illegal Search and Seizure Defenses

A strong defense in gun crime cases often involves challenging the legality of law enforcement actions. If police obtained a firearm through an illegal search or seizure, any evidence obtained may be inadmissible in court under the Fourth Amendment.

2) Mistaken Identity – Proving You Weren’t in Possession of the Firearm

In some cases, defendants are wrongfully accused due to mistaken identity or constructive possession claims. A skilled defense attorney can challenge whether the defendant had actual or exclusive control over the firearm.

3) Unlawful Stop or Arrest – Challenging the Legality of Law Enforcement Actions

If police lacked probable cause to stop and search the defendant, the evidence gathered may be deemed inadmissible. A lawyer can file motions to suppress evidence if law enforcement violated the defendant’s constitutional rights.

4) Lack of Intent or Knowledge – Defending Against Accidental Possession Claims

Gun crime charges require proof of intent. Intent may be contested in court if a firearm was unknowingly in a defendant’s possession (such as in a borrowed vehicle).

Why Choose Whidden Criminal Defense

At Whiddon Criminal Defense, we do more than just manage cases. We fight for the people of Louisiana. Navigating the state’s complex firearm statutes requires an aggressive advocate who understands both the letter of the law and the local courtroom dynamics in Shreveport, Monroe, and across Northern Louisiana. Our Louisiana gun crimes lawyers offer a level of personal investment that larger firms cannot match. When you hire us, you are not just a file number; you are our priority. We take the time to listen to your concerns and devise a custom legal strategy tailored specifically to the facts of your case.

Speak with a Louisiana Gun Crimes Attorney Today

If you are facing gun charges in Louisiana, the skills of your gun crime defense lawyer can significantly impact how your case unfolds. A strong legal defense can mean freedom, without the penalty of years spent behind bars. At Whidden Criminal Defense, we provide aggressive representation to protect your rights and minimize penalties.

Our experienced team of gun crimes lawyers in Louisiana understands how to challenge evidence and fight for your best interests. Don’t face your gun charges alone.

Call 318-488-4101 for a free case review and take the first step in defending your future.