The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

This session, the legislature made multiple relatively small changes to firearms statutes, primarily to ensure that they are in keeping with its legislation during the special session removing permit requirements for concealed carrying.

The legislature added four locations to those areas where one can be charged with illegally carrying a firearm:

(i) A law enforcement office, station, or building.

(ii) A detention facility, prison, or jail.

(iii) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.

(iv) The state capitol building.

La R.S. 14:95(A)(5).

In order to keep consistent with its earlier legislation regarding open carrying of concealed weapons, the legislature amended La. R.S. 40:1379.3 to prohibit a person carrying a concealed handgun from possessing one with a “blood alcohol content of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance.” La. R.S. 40:1379.3(I)(1)

Effective August 1, 2024, the legislature removed burglary of a pharmacy from the list of offenses which impact an individual’s rights to possess a firearm under state law. La R.S. 14:95.1(A)(1). It is important to note that this change does not change any limitations to an individual’s right to possess a firearm under federal law.

It further prohibits juveniles who were 15 or 16 years old when adjudicated delinquent for one of the enumerated felonies in subsection (1). This prohibition is until the individual reaches the age of 22 unless the individual has been accepted into military service as a member of the United States Armed Forces. La. R.S. 14:95.1(2)(a) & (b).

It also amended the penalty for attempted possession of a firearm by a convicted felon to a minimum of 1 year and up to 7 1/2 years and established an increase in the sentence if the statute is violated while the individual is already on probation or parole to be served consecutively to the sentence for which he is on probation or parole. La. R.S. 14:95.1(B) & (B)(3).

Finally, the Legislature amended La. R.S. 40:1796 to limit any political subdivision from establishing any laws, policies, rules, taxes, etc…that are more restrictive than state laws relative to firearms.

If you or someone you know is facing gun charges, give us a call at (318) 459-9111 to schedule a consult.

Effective, symbolically, on July 4, 2024, the Louisiana legislature has repealed the concealed carry permit laws. The law now states:

M. The provisions of Paragraph (A)(1) of this Section shall not apply to any person who is:

(1) eighteen years of age or older and

(2) is not prohibited from possessing a firearm under R.S. 14:95.1, or any other state or federal law.

N. Any person lawfully carrying a handgun pursuant to Subsection M of this Section shall be subject to the restrictions contained in R.S. 40:1379.3(I), (M), (N), and (O).

La. R.S. 14:95.

There are still a multitude of restrictions on carrying a firearm in Louisiana.

Louisiana Revised Statutes 14:95.1 prohibits carrying a firearm under any circumstances by individuals convicted of certain felonies.

The amendment does not affect the prohibitions contained in subsections (A)(2) through (A)(4) of La. R.S. 14:95.

Also, it is still illegal to possess a firearm while possessing controlled dangerous substances. And it is illegal to possess a firearm if so prohibited by federal law or any other state law.

Finally, it is still illegal to carry a concealed firearm under any of the following circumstances:

• While under the influence of alcohol or controlled dangerous substances (Note: “under the influence” is defined as having a blood alcohol content of .05 or more, or any confirmed presence of a controlled substance after a blood or urine test;

• In a facility, building, location, zone, or area where banned by state or federal law;

• In a law enforcement office, station, or building;

• In a detention facility, prison, or jail;

• In a courthouse or courtroom (unless you are the judge);

• In a polling place;

• In a municipal building or other public building or structure, only if that building or structure is used as the meeting place of the governmental authority or a political subdivision thereof;

• in the state capitol building;

• in an airport where prohibited by federal law;

• in a church, synagogue, mosque, or other similar place of worship;

• at a parade or demonstration for which a permit has been issued;

• at a bar, restaurant, or other retail space which has been issued a Class A permit to sell alcohol to be consumed on the premises;

• at a school, school complex, or on a school bus.

La. R.S. 40:1379.3(I), (M), (N), & (O).

Finally, a property owner or lessee may prohibit the carrying of a concealed weapon on his premises. La. R.S. 40:1379.3(O)(1). And a person carrying a concealed weapon must first obtain consent of the inhabitant of a private residence before carrying a concealed weapon inside. La. R.S. 14:1379.3(O)(2).

In keeping with these changes, the Legislature enacted La. R.S 9:2793.12, which limits the liability of “authorized person"[s]” for:

any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

La. R.S. 9:2793.12(B). There are exceptions to this limitation, however:

1. Acts or omissions that constitute gross negligence or intentional misconduct, or that result in a valid and final felony conviction in this state.

2. Any person without authorization pursuant to Subsection A of this Section at the time of the events giving rise to a claim.

An “authorized person” is defined as:

A.(1) …any person with a valid concealed handgun permit issued pursuant to R.S. 40:1329.1, 13279.1.1, or 1379.3, or 1379.3.2, any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 4):1379.1.3 or 1379.1.4, or any person specified in R.S. 14:95(G)(3) and (4).

(2)…a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service.

La. R.S. 9:2793.12.

If you or someone you know is facing criminal charges, give us a call at (318) 459-9111 to schedule a consult.

Every year, the Louisiana Legislature passes a slew of new legislation, most of which will take effect on August 1. And so, each year, I like to do a run-down of the new legislation related to or impacting criminal law. This week’s topic: Firearms!

The Louisiana legislature amended Louisiana Revised Statutes 40:1379.1.4 to edit the definition of “qualified retired law enforcement officers” who are permitted to carry concealed weapons as individuals who “[were] properly certified by the Council on Peace Officer Standards and Training at the time of retirement, in accordance with R.S. 40:1379.3(D)(1)(f).” In keeping with this additional definition, the Louisiana legislature amended the Illegal Carrying of Weapons statute to allow for this change.

The Louisiana Legislature also amended the concealed carry permit statute (La. R.S. 40:1379.3) to remove the restriction from obtaining a concealed carry permit if one has been convicted of operating a motor vehicle while intoxicated. The restriction on individuals who “chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired” remains in effect. This statute was further amended to state that “No permit shall be suspended or revoked solely upon the basis of an arrest for a violation of R.S. 14:98.1.” La. R.S. 40:1379.3(I)(6).

The Louisiana Legislature also amended the definition of a “machine gun” to define it as:

any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one show without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, and any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun.

La. R.S. 40:1751.

This same Act increases the penalty range for the manufacture, transfer, or possession of a machine gun in Louisiana from imprisonment at hard labor for not less than one year nor more than five years to not less than one year nor more than ten years. La. R.S. 40:1755(A). If the person has a prior conviction of a felony crime of violence (as defined in La. R.S. 14:2), that person shall be imprisoned at hard labor for not less than three years nor more than ten years. La. R.S. 40:1755(B). This change in the law also removes “flame thrower” from the definition of “firearm” in La. R.S. 40:1781.

The Louisiana Legislature expanded the definition of “utility service employee” for purposes of the offense of Aggravated Assault Upon a Utility Service Employee with a Firearm to include:

any person employed under contract, of any utility service that provides electricity, gas, water, broadband, cable television, heat, steam, telecommunications services, or sewer services, whether privately, municipally, cooperatively, or investor-owned."

La. R.S. 14:37.5(B)(3).

Finally, the Legislature increased the penalty for Assault by Drive-By Shooting from not less than one year nor more than five years to not less than three years nor more than 10 years, and expanded the definition of “drive-by shooting” to include interstate highways along with the previously included “public street or highway.” La. R.S. 14:37.1.

If you or someone you know is facing prosecution for a firearm charge in Louisiana, give us a call at (318) 459-9111 to set up a consult.

The Legislature during the 2022 Regular Session passed several bills that altered the Illegal Carrying of a Weapons statute.

Louisiana Revised Statutes Title 14, §95 prohibits the carrying of a weapon under certain circumstances. Act No. 126, which took effect on May 26, 2022, expanded the exceptions in subsection K. Subsection K previously permitted retired members of the judiciary, retired district attorneys, and retired legislators to carry concealed weapons provided they qualify annually in the use of firearms by the Council on Peace Officer Standards and Training and carry valid identification of their retired status. Act 126 extends this exception to now include retired federal judges, justices, and United States attorneys and assistant United States attorneys, and retired federal investigators.

Effective August 1, 2022, additional exceptions were made to allow “city prosecutors, designated assistant city prosecutors, a United States representative from Louisiana and his designated, employed congressional staffer, a United States senator from Louisiana and his designated, employed congressional staffer” and “retired members of the United States Congress” to carry concealed weapons provided they meet the same training requirements as stated above.

Act 587 further altered 14:95 to repeal the prohibitions against carrying a “switchblade” knife. Finally, Act 465 makes “possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of La. R.S. 14:95(D)” a crime of violence pursuant to La. R.S. 14:2. La. R.S. 14:95(D) states: “If a violation of this Section is committed during the commission of a crime of violence as defined in R.S. 14:2(B), and 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.” La. R.S. 14:95(D).

If you or someone you know is facing a prosecution for possession of a firearm, give us a call at (318) 459-9111 to schedule a consultation.

The short answer to this question is: No.

The right to a first offender pardon is established in the Louisiana Constitution of 1974, Article IV, Section 5(E), and states in relevant part:

a first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the governor.

Louisiana Constitution of Article IV, Section 5(E). Louisiana Revised Statutes 15:572 elaborates on this power:

B.(1)  A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.

(2)  No person convicted of a sex offense as defined in R.S. 15:541 or determined to be a sexually violent predator or a child predator under the provisions of R.S. 15:542.1 et seq. shall be exempt from the registration requirements of R.S. 15:542.1 et seq., as a result of a pardon under the provisions of this Subsection.

(3)  Notwithstanding any provision of law to the contrary, no pardon shall be issued to a first offender unless that person has paid all of the court costs which were imposed in connection with the conviction of the crime for which the pardon is to be issued.

C.  For the purposes of this Section, "first offender" means a person convicted within this state of a felony but never previously convicted of a felony within this state or 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 have been a felony, regardless of any previous convictions for any misdemeanors.  Convictions in other jurisdictions which do not have counterparts in this state will be classified according to the laws of the jurisdiction of conviction.

D.  On the day that an individual completes his sentence the Division of Probation and Parole of the Department of Corrections, after satisfying itself that (1) the individual is a first offender as defined herein and (2) the individual has completed his sentence shall issue a certificate recognizing and proclaiming that the petitioner is fully pardoned for the offense, and that he has all rights of citizenship and franchise, and shall transmit a copy of the certificate to the individual and to the clerk of court in and for the parish where the conviction occurred.  This copy shall be filed in the record of the proceedings in which the conviction was obtained.  However, once an automatic pardon is granted under the provisions of this Section, the individual who received such pardon shall not be entitled to receive another automatic pardon.

E.  Notwithstanding any provision herein contained to the contrary, any person receiving a pardon under the provisions of Subparagraph (1) of Paragraph (E) of Section 5 of Article IV of the Louisiana Constitution of 1974 and this Section may be charged and punished as a second or multiple offender as provided in R.S. 15:529.1.

La. R.S. 15:542.

A first offender pardon does not remove the record from public access and it can still be used against a person in a subsequent prosecution.

The effect of an expungement is established in Louisiana Code of Criminal Procedure Article 973:

A. An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity except for the following:

(1) To a member of a law enforcement or criminal justice agency or prosecutor who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.

(2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.

(3) To the person whose record has been expunged or his counsel.

(4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing, certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.

B. Upon written request therefor and on a confidential basis, the information contained in an expunged record may be released to the following entities that shall maintain the confidentiality of such record: the Office of Financial Institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, the Louisiana State Board of Chiropractic Examiners, or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1, or as otherwise provided by law.

C. Except as to those persons and other entities set forth in Paragraph A of this Article, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or that the record of the arrest or conviction has been expunged.

D. Any person who fails to maintain the confidentiality of records as required by the provisions of this Article shall be subject to contempt proceedings.

E. Nothing in this Article shall be construed to limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a law enforcement agency, criminal justice agency, or prosecutor including its use as a predicate offense, for the purposes of the Habitual Offender Law, or as otherwise authorized by law.

F. Nothing in this Article shall be construed to limit or impair the authority of a law enforcement official to use an expunged record of any arrests or convictions in conducting an investigation to ascertain or confirm the qualifications of any person for any privilege or license as required or authorized by law.

G. Nothing in this Article shall be construed to limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a “news-gathering organization”. For the purposes of this Title, “news-gathering organization” means all of the following:

(1) A newspaper, or news publication, printed or electronic, of current news and intelligence of varied, broad, and general public interest, having been published for a minimum of one year and that can provide documentation of membership in a statewide or national press association, as represented by an employee thereof who can provide documentation of his employment with the newspaper, wire service, or news publication.

(2) A radio broadcast station, television broadcast station, cable television operator, or wire service as represented by an employee thereof who can provide documentation of his employment.

H. Nothing in this Article shall be construed to relieve a person who is required to register and provide notice as a child predator or sex offender of any obligations and responsibilities provided in R.S. 15:541 et seq.

La. CCrP. Art. 973.

Under current ATF guidelines, an expungement will serve to restore an individual’s right to possess a firearm under federal law. An expungement, like a first offender pardon, does not prevent the use of the expunged conviction from use against a person in a subsequent prosecution.

If you or someone you know has questions about eligibility for or obtaining an expungement and would like to set up a consult, give us a call at (318) 459-9111.

One of the most common questions we are asked is: how does a criminal conviction impact my right to own or possess a firearm? The answer is: it’s complicated.

What you are dealing with when trying to determine whether a certain criminal conviction will impact your right to possess a firearm is the intersection of both state and federal law.

Under Louisiana law, a person is prohibited from possessing a firearm for 10 years from the completion of any sentence as the result of a felony conviction of one of the following offenses or an attempt to commit one of the following offenses:

• a felony crime of violence (as defined in La. R.S. 14:2),

• simple burglary,

• burglary of a pharmacy,

• burglary of an inhabited dwelling,

• unauthorized entry of an inhabited dwelling,

• felony illegal use of a dangerous weapon,

• manufacture or possession of a delayed action incendiary device,

• manufacture or possession of a bomb,

• possession of a firearm while in possession of or during the sale or distribution of controlled dangerous substances,

• a felony violation of the controlled dangerous substances laws, or

• a sex offense (as defined in La. R.S. 15:541).

A person is further prohibited from possessing a firearm under Louisiana law for certain offenses that may be misdemeanors for 10 years from the completion of any sentence:

• domestic abuse battery,

• a second or subsequent conviction of battery of a dating partner, or

• battery of dating partner that involved strangulation or burning.

Under Louisiana law, the passage of 10 years from the completion of sentence restores an individual’s right to possess a firearm; however, federal law has no such cleansing period. Under federal law, an individual is prohibited from possessing a firearm for any conviction for:

• a crime punishable by imprisonment for more than one year (Note: this pretty much includes all felonies in Louisiana, not just the ones enumerated above) or

• a misdemeanor crime of domestic violence.

The ATF allows for the restoration of a person’s right to possess a firearm under federal law if:

…as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.

Bureau of Alcohol, Tobacco, Firearms, and Explosives Website.

Under current ATF regulations, a person eligible for expungement who actually expunges an arrest (and conviction) from his record will be able to possess a firearm because Louisiana law does not specifically exclude the right to possess a firearm from its expungement law.

If you or someone you know would like to set up a consult to discuss an expungement to restore your right to. possess a firearm, give us a call at (318) 459-9111.

In honor of the 230th anniversary of the ratification of the Bill of Rights, we move on to our second week: Amendment II:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

As we discussed last week, despite the plain language of this amendment, both the States and Federal government have placed a multitude of restrictions on the possession of firearms, which have been upheld b the Supreme Court. Individuals with certain convictions (even some misdemeanors) are prohibited (under Federal law) from possessing a firearm (specifically: most offenses involving domestic violence).

Further reading:

• Caetano v. Massachusetts, in which the Court addressed the question: “Does the Second Amendment protect the right to possess a stun gun for self-defense?” Answer: “Although stun guns are unusual in nature and were not common during the enactment of the Second Amendment, they are included in the Second Amendment’s protections.

• Voisine v. United States, in which the Court addressed the question: “Does a misdemeanor crime that requires only a showing of recklessness qualify as a misdemeanor crime of domestic violence under federal statutes 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9)?” Answer: Yes.

See you next week for the Third Amendment!

Effective August 1, 2020, the Louisiana legislature added subsection (L) to Louisiana Revised Statutes 14:95, which added an exception to the statute’s prohibition against concealed carrying of a firearm or other dangerous weapon on one’s person.

Subsection L allows any person (provided that person is not prohibited from possessing a firearm under La. R.S. 14:95.1 - the felon in possession of a firearm prohibition statute or any other state or federal law) to carry a concealed firearm on his person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency or disaster declared pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

The section further defines “in the act of evacuating” as: “the immediate and urgent movement of a person away from the evacuation area within 48 hours after a mandatory evacuation is ordered.” It also allows for the 48-hour window to be extended by an order issued by the governor.

If you are contemplating air travel, and regularly carry a firearm, make sure you double-check that it isn’t in your luggage or that it is secured correctly.

Federal law, Louisiana law, and Shreveport city ordinances prohibit the possession of firearms in and around airports.

Federal law prohibits the “deliver[ing]” of a firearm to a “common or contract carrier for transportation or shipment in interstate or foreign commerce” any package containing a firearm without written notice to the carrier or unless “deliver[ed]…into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip.” (18 USC 922(e)).

Louisiana Revised Statutes Title 40, Section 1379.3 prohibits the concealed carrying of a handgun in “[a]ny portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.” (Subsection (N)(7)). That statute further states that no concealed carry permit permits the carrying of a concealed firearm in violation of state or federal law.

Finally, Shreveport City Ordinances also prohibit the possession of firearms on the premises of airports. Ordinance 50-135.1(a)(1) prohibits “[t]he intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person,” and 50-135.2 states: “no person shall knowingly or intentionally possess or cause to be present or attempt to possess or cause to be present in…public buildings, structures or facilities owned by, occupied by, used by or under the control of the city, any firearm or other instrumentality customarily used or intended for probable use as a dangerous weapon.”

When you get ready to use air travel this summer, be careful about your firearms and if you or someone you know could use our help, give us a call at (318) 459-9111.

The third Supreme Court case of interest to us this term is New York State Rifle & Pistol Association Inc. v. City of New York.

New York State requires a license to possess a firearm. To obtain a license in New York City, an applicant must apply to the police commissioner and the application process includes investigations into the applicant’s mental health history, criminal history, and moral character. New York issues two types of licenses: a carry license and a premises license. The premises license restricts the owner to possessing the firearm only in his dwelling at a specific address, except under limited circumstances; one of which is to transport the weapon directly to and from an authorized gun range. All authorized ranges are locate within the city limits. The owners who have sued wanted to be able to carry their weapons to ranges outside the city, or to another home they owned in another city.

The question before the US Supreme Court is whether the rule violates the Second Amendment, the Commerce Clause, or the Constitutional right to travel.

In Louisiana, a person convicted of a felony may lose two very important rights: (1) the right to vote and (2) the right to possess a firearm.

Under new legislation passed in the last few years, a person convicted of a felony regains his right to vote automatically upon release from supervision. This means that as long as the person convicted of a felony is no longer in custody or on probation or parole, his right to vote has been restored. Because voter rolls are sometimes purged after a certain period of time, once the individual has been released from supervision, he should check with his local Registrar of Voters to ensure that he is registered to vote.

With regard to the right to possess a firearm, both Louisiana and the federal government have prohibitions against the possession of a firearm by a convicted felon.

In Louisiana, only certain charges criminalize the possession of a firearm by any person convicted of or found not guilty by reason of insanity for:

• Crimes of violence listed in La. R.S. 14:2(B) which are felonies;

• Simple Burglary;

• Burglary of a Pharmacy;

• Burglary of an Inhabited Dwelling;

• Unauthorized Entry of an Inhabited Dwelling;

• Felony Illegal Use of a Weapon or Dangerous Instrumentality;

• Manufacture or Possession of a Bomb;

• Possession of a Firearm While in the Possession of or During the Sale of Controlled Dangerous Substances;

• Any sex offense as defined in La. R.S. 15:541; or

• Any attempt to commit any of the above offenses.

(La. R.S. 14:95.1). This statute only prohibit such possession for 10 years from the completion of any sentence. After that 10-year-period, the right to possess a firearm is restored under Louisiana law.

Unfortunately, Federal law prohibits, with no restoration, the right to possess a firearm by anyone convicted of a felony under State or Federal law. As a result, no matter the above reinstatement, federal law will still prohibit the possession of a firearm by a convicted felon.

Although there has been some movement by the Louisiana legislature to amend state law regarding the possession of firearms by individuals who have expunged their records, the effect of those laws on the federal prohibition has not been tested.

The only guaranteed way to restore one’s gun rights under federal law is to apply for and receive a Governor’s Pardon With Restoration of Gun Rights.

It is relatively well-known that conviction of a felony or submission to probation negatively affects your gun rights, but it is a common misconception that a mere arrest for a misdemeanor does not affect your gun rights here in Louisiana. That is not exactly true. The governing law on this matter is La.R.S. 40:1379, which states that “(e)ach permittee, within fifteen days of a misdemeanor or a felony arrest, other than a minor traffic violation, in this state or any other state, shall notify the deputy secretary of public safety by certified mail. The deputy secretary may suspend, for up to ninety days, the permit of any permittee who fails to meet the notification requirements of this Section.”

A few important things regarding reporting:

1. You have a very short timeline

The deadline to provide such notice to the Department is within fifteen days of arrest. This notification process can be difficult, particularly if you are still in jail, unable to post bond. At Gilmer & Giglio, we can help you with the notification process. 

2. You must notify them by certified mail

Aside from the fact that sending this notification via regular mail does not allow you to confirm receipt, sending it via regular mail also means that you are not in compliance with the statute. Correspondence related to your permit should be directed to: Louisiana State Police, Concealed Handgun Permit Unit, P.O. Box 66375, Baton Rouge, LA 70896. We cannot overstate the importance of sending this notification certified mail, return receipt requested, if you want to avoid the suspension.

3. You could get suspended, when you otherwise would not

So why would you care about reporting your arrest? Because you could get suspended for merely failing to report your arrest. This is a 90-day suspension. If you get suspended, you will get a notice from the Department telling you that you to immediately return your permit (again by Certified Mail to the address listed above). If you fail to immediately return your permit, the Department may then revoke your permit altogether. 

4. You may be able to appeal such a suspension

The Louisiana Administrative Code provides for an appeal of a suspension due to failure to report an arrest (LA.A.C. 55:I:1315.B), however there are strict deadlines related to such an appeal—typically ten days.

At Gilmer & Giglio, we pride ourselves on helping our clients not only directly with their criminal matters, but also in minimizing the collateral consequences, including concealed carry permit suspensions. If you need an attorney who can help guide you through your criminal case, as well as collateral consequences, give us a call at (318) 459-9111.

Happy Constitution Day!