Felon in Possession of a Firearm: What Does This Mean?

A charge of possession of a firearm by a convicted felon is serious because, if convicted, you’re looking at being imprisoned at hard labor for 5-20 years without benefit of probation, parole, or suspension of sentence. You may also be fined not less than $1000 nor more than $5000.

Louisiana law does not restrict every convicted felon from possessing a firearm. Conviction of one of the following offenses will trigger the ban on possession of a firearm in Louisiana:

• A felony crime of violence as defined in R.S. 14:2(B)
• Simple burglary
• Burglary of a pharmacy
• 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
• Possession of a firearm while in the possession of or during the sale or distribution of a
  controlled dangerous substance
• A felony drug charge
• Any sex offense listed in R.S. 15:541
• Any crime defined as an attempt to commit one of the crimes above
• Domestic abuse charges listed in R.S. 14:95.10

This ban on possessing firearms remains in place for 10 years from the date of completion of sentence, probation, parole, or suspension of sentence. A first offender’s pardon under Article 893 does NOT restore your gun rights! The 10-year cleansing period remains in place even if your conviction is set aside under Article 893.

Keep in mind that, under federal law, no person convicted of a felony may possess a firearm (see 18 U.S.C. § 922(g)). This means that a conviction of any Louisiana felony permanently bans you from purchasing or possessing a firearm under penalty of federal law. There is no cleansing period under federal law.

How do you reduce the risk of being charged as a felon in possession of a firearm?

Stay away from firearms. That doesn’t just mean refrain from buying a firearm. Constructive possession of a firearm occurs when that firearm is subject to the felon’s dominion and control, even if only temporarily and even if that control is shared. That means you should stay away from any firearm in your physical location that you knowingly could put your hands on.

If you have been charged with felon in possession of a firearm in Louisiana, then an attorney can review whether or not your prior felony conviction triggered this ban under Louisiana law. An attorney can also help you consider defenses to possession since that possession must be knowing or intentional.

What if you’ve been charged with felon in possession of a firearm?

If you have been charged with felon in possession of a firearm in Louisiana, then an attorney can review whether or not your prior felony conviction triggered this ban under Louisiana law. An attorney can also help you consider defenses to possession since that possession must be knowing or intentional.