Adding a firearm to a crime almost always increases the severity of that crime. Guns are deadly weapons, and using them to commit a crime increases the risk that someone will be killed or seriously injured. In addition to state-level criminal charges, you may also face federal charges, depending on the nature and severity of the offense. Anyone facing gun charges should take them seriously.
At the same time, Louisiana is a friendly state for gun rights. It does not require people to obtain a permit to purchase a firearm or a license to possess one. Permitless open carry is legal. The only time a person needs a permit is for concealed carry. These laws can become very important if someone faces a violent crime charge and asserts self-defense. A Metairie gun lawyer could help defend those rights. Schedule a consultation with one of our experienced criminal defense attorneys today for help with your case.
Limits of Open or Concealed Carry
While the state allows people to carry their guns openly in most locations, that right does not extend to all places. Most people cannot carry concealed without a permit, though military and veterans can. Generally, people cannot take a weapon into:
- Bars
- Airports
- Schools
- Parades
- Courthouses
- Polling places
- Places of worship
- Police departments
- Government buildings
- Places that sell alcohol
- School-related facilities
In addition, private property owners may be able to restrict carrying on their premises under state or federal law.
The good news is that people do have the right to carry a gun in their privately owned vehicle while in motion and in any designated parking area. If a person is going to a place where they cannot carry their gun, they can store it in their motor vehicle, ideally in a secure location like a gun safe. While carrying a gun is legal, a person must inform the police that they have a gun in the vehicle during a traffic stop. Doing so is not just the law; it is a safety measure that protects the occupants in the vehicle as well as the police.
Several crimes cover illegally carrying a firearm. Concealed carry without a permit, carrying concealed in a prohibited location, and possessing an illegal weapon are all possession-based crimes. A knowledgeable gun lawyer in Metairie could help someone facing those charges.
Beyond Possession
Other gun crimes involve doing more than possessing or carrying a firearm. A minor cannot buy a handgun. It is illegal to alter the serial number on a firearm. Using a firearm while under the influence of alcohol or drugs is also illegal. Of course, illegally buying, selling, distributing, or transferring guns is also a crime. Depending on the level of activity, doing so could result in trafficking charges.
One of the most challenging gun-related charges is using a firearm during the commission of a crime. These crimes have two elements. The state must demonstrate that a defendant committed the underlying crime. Then, they must prove that the defendant used a firearm during the commission of that crime. However, the evidentiary hurdle is not as difficult as it sounds. If the state can establish that a defendant had possession of a firearm while committing a crime, getting a conviction is easy. Metairie defendants need the help of a seasoned gun attorney to avoid the consequences of a conviction.
Felons and Gun Rights
Louisiana Statutes § 14:95.1 prohibits many felons from owning a gun while on probation or parole. In addition, it may extend that prohibition for a period of up to 10 years after a person completes their sentence.
The prohibition does not apply to all felons, just those convicted of specific crimes. Those crimes include crimes of:
- Violence
- Drug crimes
- Sex crimes
- Burglaries
- Making a bomb
- Possessing a firearm while dealing drugs
- Unauthorized entry of an inhabited dwelling
Federal law can also impact someone’s ability to own a gun. A skilled Metairie gun attorney may be able to help restore someone’s gun rights.
Speak to a Gun Lawyer in Metairie for Help
Any criminal charges involving firearms are serious, and you should treat them that way. Do not talk to the police without consulting with an attorney. They could investigate the charges against you and develop a strong defense strategy. Depending on the state’s evidence against you, a Metairie gun lawyer may advise a not-guilty plea or try to negotiate a favorable plea bargain. Schedule a consultation to find out more.
