New Laws - Firearms

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.