Illegal possession of stolen firearms is the intentional possessing, procuring, receiving, or concealing of a firearm which has been the subject of any form of misappropriation. Essentially, it is illegal to possess a firearm when you know that it was stolen. Even if you are not the person who stole the firearm, you could be facing this charge if you bought the gun from someone else and you know it was stolen. Pawn shops have the defense to illegal possession if they regularly sell firearms and they are licensed.
Let’s talk about the penalties this charge carries. Whoever commits the crime of illegal possession of firearms shall be punished as follows: For a first offense, the penalty shall be imprisonment, with or without hard labor, for not less than one year nor more than five years. For second and subsequent offenses, the penalty shall be imprisonment, with or without hard labor, for not less than two years nor more than ten years. If you need a criminal defense attorney for illegal use of weapons in Baton Rouge or elsewhere in Louisiana, give me a call at 225-964-6720.
A.(1) Illegal possession of stolen firearms is the intentional possessing, procuring, receiving, or concealing of a firearm which has been the subject of any form of misappropriation.
(2) It shall be an affirmative defense to a prosecution for a violation of this Section that the offender had no knowledge that the firearm was the subject of any form of misappropriation.
(3) It shall be an affirmative defense to a prosecution for a violation of this Section that the alleged offender has or had possession of the firearm pursuant to his regular course of business, is in possession of a valid federal firearms license, is routinely in the possession of firearms for sale, pawn, lease, rent, repair, modification, or other legitimate acts as part of his normal scope of business operations, and is enforcing a privilege pursuant to R.S. 9:4502.
B. Whoever commits the crime of illegal possession of firearms shall be punished as follows:
(1) For a first offense, the penalty shall be imprisonment, with or without hard labor, for not less than one year nor more than five years.
(2) For second and subsequent offenses, the penalty shall be imprisonment, with or without hard labor, for not less than two years nor more than ten years.
Acts 2000, 1st Ex. Sess., No. 116, §1; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2014, No. 141, §1.
Louisiana DWI lawyers at the Barkemeyer Law Firm providing legal defense services for clients in ALL of Louisiana.
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