Call 225-964-6720
Gun control laws in the state of Louisiana isn’t as restrictive as the rest of the states in the US. Machine guns, submachine guns and other kinds of weapons with a serial number or ID numbers detached are considered an offense in the eyes of the law. Louisiana does not provide a waiting period for any kind of gun purchases.
According to the Louisiana constitution, it states;
“The right of each citizen to keep and bear arms shall not be abridged, however, this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on an individual.”
When it has to do with weapons as well as defense attorneys, the United States constitution offers the second amendment which states that people who could afford the right to bear arms should. However, the Supreme Court has stated that people have the right to possess any firearm for lawful reasons which include self-defense. However, there are significant restrictions on who can possess a firearm, where it can be used and how it may be used.
The charges related to firearms can come from when a gun is used unlawfully or if it is used by a person prohibited from possessing a firearm. When a person uses a firearm wrongfully, they can have the following criminal infractions.
These include:
Possessing a concealed weapon: it is required to obtain a permit as a civilian in order to carry a concealed weapon. Anyone who is causer transporting a concealed firearm, as well as other deadly weapons, could have to face felony charges except there are applications of certain defenses such as failure to renew a license or an expired license.
If a person possesses a deadly weapon when committing a felony: if you get arrested for a different case which could be a felony offense and we’re going possessing a firearm as well at that same time, that individual would face separate offenses which include the initial one and the possession of a firearm it when the weapon in question wasn’t used. The penalties depend on the nature of the felony as they are all classified by degrees.
Use of Firearms in Prohibited Areas: This could involve just possession of firearms near places where they are prohibited such as in schools, near schools, playgrounds, churches and places where kids are going to be present. Ignorance is usually not a good defense as you can’t say you didn’t know you were close to a prohibited area but you can be sure that a good criminal defense attorney would be sure to get you the right defense strategy you need in order to make your case go as smoothly as it possibly can.
If you possess a firearm after being prohibited from that, your defense attorney can also be of help to you in a situation like this. If you are found in possession of a firearm or you have been classified as an individual who shouldn’t be possessing any deadly weapons, you can hire a good defense attorney to represent you in the court of law.
An individual could be prohibited from possessing a firearm either as their probation condition or as a result of mandatory sentencing for particular crimes. An example is for individuals who have been convicted of domestic violence as they are prohibited from the use or possession of guns and firearms. Some of the people who may be included in the prohibition list include the following;
· Individuals who have been committed to mental health facilities.
· Fugitives from justice
· Individuals convicted of physical injury or crimes of violence.
· Individuals who have been convicted of certain drug-related offenses.
· Those facing a recent weapon charge which could be illegal use or possession of a gun.
· Individuals with a juvenile criminal record who have committed crimes that adults are charged as a felony.
Whichever the case could be, every individual has a right to an attorney or the state would provide one. It is usually advisable to contact a good criminal defense attorney immediately you’ve been charged to court so they can begin working on your case immediately.
In the state of Louisiana, concealed weapons get permits that are duly processed at the state level. This is done by the department of public safety. However, when it comes to purchasing these firearms, no permit is required and there are no background checks done either.
In the state of Louisiana, open carry is legal and there is no need for a permit for adults who have not been prohibited from carrying guns or firearms in the first place. The law in this state gives 17 at the minimum age which a person must be in order to carry a gun but the federal law indicates a minimum of 18 years old. However legal it could be, guns and firearms are off-limits in certain areas.
Concealed handgun permits are needing for a concealed carry in the state of Louisiana. These permits are usually available for only residents as nonresidents do not have a permit available. It is required to be 21 years old before you can apply for a permit and a resident while taking a training course. However, non-residents who are military or have a driver’s license in the state of Louisiana or a Louisiana state ID are an exemption.
The need for a criminal defense attorney is inevitable for a gun charge in the state of Louisiana. This is why Carl Barkemeyer, criminal defense attorney, is here to represent you in the court of law with our years of experience. Gun charge crimes can be very serious and they come with fines or jail time, sometimes both. Contacting us immediately you or anyone you know has been charged with any of these related offenses can help us begin processing your case in time.
H. Taylor - Baton Rouge, Louisiana
A Guide That Will Give You A Better Understanding
Of Legal Process In Louisiana
