Louisiana § RS 14:95.1 - Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

§ RS 14:95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

            A.(1) It is unlawful for any person who has been convicted of, or has been found not guilty by reason of insanity for, a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

            (2)(a) This Section shall also apply to any person who committed a felony-grade delinquent act described in Paragraph (1) of this Subsection while in possession of a firearm, if adjudicated when that person was fifteen or sixteen years of age, and the person is under the age of twenty-two years at the time of the violation of this Section.

            (b) The provisions of this Paragraph shall not apply to any person who has been accepted into military service as a member of any of the branches of the armed forces of the United States as defined by 10 U.S.C. 101(a)(4), the reserve components of the armed forces of the United States as defined by 10 U.S.C. 10101, or the Louisiana National Guard.

            B.(1) Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than five nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.

            (2) Whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not less than one year nor more than seven and one-half years and fined not less than one thousand dollars nor more than five thousand dollars.

            (3) If the offender is found guilty of violating the provisions of this Section while on probation or parole, the sentence imposed pursuant to this Subsection shall be served consecutively with the remaining balance of any sentence to be served for a prior conviction for any offense in accordance with Code of Criminal Procedure Article 901.

            C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of, or who have been found not guilty by reason of insanity for, certain felonies shall not apply to any person who has not been convicted of, or who has not been found not guilty by reason of insanity for, any felony for a period of ten years from the date of completion of sentence, probation, parole, suspension of sentence, or discharge from a mental institution by a court of competent jurisdiction.

            D. If a violation of this Section is committed during the commission of a crime of violence as defined in R.S. 14:2(B), or the defendant has a prior conviction of a crime of violence, then the violation of this Section shall be designated as a crime of violence.

            E. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

            Added by Acts 1975, No. 492, §2. Amended by Acts 1980, No. 279, §1; Acts 1985, No. 947, §1; Acts 1990, No. 328, §1; Acts 1992, No. 403, §1; Acts 1994, 3rd Ex. Sess., No. 28, §1; Acts 1995, No. 987, §1; Acts 2003, No. 674, §1; Acts 2009, No. 154, §1; Acts 2009, No. 160, §1; Acts 2010, No. 815, §1; Acts 2010, No. 942, §1; Acts 2017, No. 281, §1; Acts 2018, No. 532, §3; Acts 2022, No. 465, §1, eff. June 15, 2022; Acts 2022, No. 702, §1, eff. June 18, 2022; Acts 2024, No. 56, §1; Acts 2024, No. 63, §1; Acts 2024, No. 413, §1.