Baton Rouge Gun Charge Lawyer

Being arrested for a gun charge in Louisiana can have serious consequences, including mandatory prison time, substantial fines, and the loss of your right to possess a firearm. The penalties depend on the specific offense, your criminal history, and the circumstances surrounding the arrest.

With more than 20 years of criminal defense experience in Baton Rouge and the surrounding parishes, attorney Jim Knipe understands the legal and personal concerns that accompany a firearm charge.

This guide explains common Louisiana gun charges, permitless carry laws, potential penalties, available defenses, and what to do after an arrest.

Understanding Louisiana Gun Laws and Penalties

What Should You Know About Gun Charges in Louisiana?

Louisiana gun charges can range from illegal carrying of a weapon to serious felony offenses involving firearm possession, drugs, or the illegal use of a weapon. Some offenses carry mandatory prison sentences without the possibility of probation, parole, or a suspended sentence.

The specific charge depends on factors such as whether you were legally allowed to possess the firearm, where it was carried, and whether another criminal offense was involved.

A gun charge does not automatically mean a conviction. The State must prove the elements of the offense, and the circumstances of the arrest may provide grounds for a legal defense.

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Common gun charges in Louisiana include illegal carrying of weapons, possession of a firearm by a convicted felon, and firearm offenses involving drugs or other crimes.

• Felon in possession (La. R.S. 14:95.1): Possessing a firearm with certain prior felony convictions.
  
• Illegal carrying (La. R.S. 14:95): Carrying a weapon unlawfully or in prohibited locations.
  
• Firearm possession with drugs (La. R.S. 14:95(E)): Possessing a gun while unlawfully possessing or selling controlled substances.
  
• Illegal use of weapons (La. R.S. 14:94): Discharging a firearm under circumstances where serious injury or death is foreseeable.
  
• Related criminal charges: Firearm offenses connected to robbery, assault, drugs, or domestic disputes.

Penalties and available defenses depend on the specific charge and circumstances.

What Are the Most Common Gun Charges in Louisiana?

Is It Legal to Carry a Gun Without a Permit in Louisiana?

Yes, since July 4, 2024, most adults age 18 and older who can legally possess firearms may carry concealed handguns without a permit in Louisiana. However, restrictions still apply.

Louisiana prohibits concealed carry in certain locations, including:

• Schools, courthouses, police stations, and correctional facilities
• Polling places and the State Capitol
• Bars and certain businesses serving alcohol
• Places of worship, unless permitted
• Secure airport areas and permitted parades or demonstrations

Private property owners may also prohibit firearms. Individuals barred from firearm possession under state or federal law are not eligible for permitless carry.

Penalties for Louisiana gun charges range from fines and jail time to mandatory prison sentences, depending on the offense and criminal history.

• Illegal carrying, first offense: Up to 6 months in jail and a $500 fine.
• Illegal carrying, repeat offenses: Up to 5 years for a second offense or 10 years for a third or subsequent offense.
• Firearm possession with drugs: 5 to 10 years at hard labor and up to $10,000 in fines.
• Felon in possession: 5 to 20 years at hard labor and $1,000 to $5,000 in fines.
• Illegal use of weapons: Up to 2 years for a first offense, with longer sentences for certain aggravated offenses.

Some offenses carry mandatory prison terms without probation, parole, or suspended sentences. A conviction may also affect firearm rights, employment, and housing. Federal charges may carry additional penalties.

What Are the Penalties for Gun Charges in Louisiana?

Can a Convicted Felon Possess a Firearm in Louisiana?

Louisiana law prohibits individuals with certain felony convictions from possessing firearms, although some individuals may become eligible again under specific circumstances.

Under La. R.S. 14:95.1, qualifying prior convictions can result in a separate felony charge if a person is found in possession of a firearm.

Louisiana law also provides a 10-year period under certain circumstances that may affect whether the state prohibition continues to apply. This period is generally measured from completion of the sentence, probation, or parole, subject to statutory requirements.

However, federal firearm restrictions may still apply even when a person is no longer prohibited under Louisiana law.

Anyone with a prior felony conviction should speak with an attorney before assuming they can legally possess a firearm.

Jim is one of the best criminal defense attorneys in Baton Rouge. His experience, knowledge, and effectiveness made all the difference in my case. I couldn't have asked for better representation and would highly recommend him.

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Jim and his entire team always go above and beyond for their clients. From criminal defense cases to other legal matters, they genuinely care about their clients and work hard to get results. I highly recommend this firm.

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Mr. Jim Knipe was helpful, patient, kind and gave me accurate information throughout the whole process of working together. I will always appreciate his hard work and dedication to his clients!

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A Baton Rouge gun charge lawyer can evaluate whether law enforcement conducted a lawful search, whether the State can prove possession of a firearm, and whether the circumstances support a legal defense.

Every firearm case is different. Depending on the facts, potential defenses may involve:

• Illegal search or stop: Whether law enforcement had a lawful basis to stop someone or search a vehicle, home, or other property.
• Lack of possession: Whether prosecutors can establish that the accused knew about and exercised control over a firearm found in a shared vehicle or residence.
• Lawful firearm possession or carrying: Whether the accused was legally eligible to possess or carry the firearm.
• Prior conviction eligibility: Whether a prior conviction qualifies under the applicable firearm statute or whether the statutory cleansing period applies.
• Self-defense: Whether Louisiana's laws protecting the lawful use of force apply to the circumstances.

At Knipe Law Firm, Jim Knipe personally reviews police reports, body-camera footage, and the circumstances surrounding the arrest to identify weaknesses in the prosecution's case.

Depending on the evidence, the defense may seek dismissal, reduced charges, or the best possible outcome at trial.

How Can a Baton Rouge Gun Charge Lawyer Defend Your Case?

What Should You Do After Being Arrested on a Gun Charge in Louisiana?

After a gun charge arrest in Louisiana, you should protect your legal rights, avoid discussing the allegations, and contact a criminal defense attorney as soon as possible.

Important steps include:

• Remain calm and do not resist arrest. Arguing or resisting can create additional legal problems.
• Exercise your right to remain silent. Politely request an attorney before answering questions about the firearm or alleged offense.
• Do not consent to searches. You may decline consent to a search of your vehicle, phone, or home.
• Avoid discussing the case. Do not share details through jail phone calls, text messages, or social media.
• Contact an experienced firearm defense attorney. Early legal representation allows an attorney to begin evaluating the allegations and available evidence.

The circumstances surrounding the arrest, including how law enforcement discovered the firearm, can be important to your defense.

Speak With an Experienced Attorney!

Call us today to schedule a confidential consultation.

You should contact a Baton Rouge gun charge lawyer as soon as possible after an arrest so an attorney can evaluate the allegations, review the evidence, and explain your legal options.

A firearm conviction can affect your freedom, employment opportunities, and future right to possess a gun. Understanding the specific charge and available defenses is an important first step.

Attorney Jim Knipe has more than 20 years of experience defending individuals facing criminal charges in Baton Rouge and the surrounding parishes. At Knipe Law Firm, clients receive direct communication, individualized attention, and a defense based on the facts of their case.

If you or a family member has been arrested on a gun charge in Louisiana, contact Knipe Law Firm to discuss your situation.

Call 225-285-2424 to schedule a consultation.

When Should You Contact a Baton Rouge Gun Charge Lawyer?

Frequently Asked Questions About Louisiana Gun Charges