Illegally Carrying Weapons New Orleans
The crime of illegal carrying of a weapon is a misdemeanor unless the weapon is a firearm that is used to commit a Crime of Violence. The statute may be found at La. R.S. 14:95. This crime is defined by any one of the following acts:
(1) The intentional concealment of any firearm, or other instrument used or intended for use as a dangerous weapon, on one’s person; or
(2) The ownership, possession or use of any firearm, or other instrument used as a dangerous weapon, at any time by an enemy alien; or
(3) The ownership, possession or use of any tools or explosives used by thieves or burglars with the intent to commit a crime; or
(4) The manufacture, ownership, possession or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch or latch.
It is important to note that this crime does not apply to the following:
- Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade.
- Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.
The penalty for illegal carrying of weapons is a fine of not more than $500, or imprisoned for not more than 6 months, or both.
If the offense is committed with a firearm during the commission of a crime of violence, the the penalty is a fine not more than $2,000, or imprisonment, with or without hard labor, for 1 to 2 years, or both.
If you or a loved one is facing the charge of illegal carrying of weapons or any other weapon charge, please contact the Attorney Elizabeth B. Carpenter , a New Orleans Weapons Crime Attorney for a consultation.
You need to speak with a criminal defense attorney as soon as possible. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.