Gun Rights and Domestic Battery Convictions — Louisiana Law

Posted by & filed under Crimes Defined, Domestic Violence Battery, Legislative News, Weapons Crimes.

 

During the 2014 legislative session, Louisiana lawmakers added and modified many laws pertaining to domestic violence.  One of the most significant actions taken was the creation of Louisiana Revised Statute 14:95.10, which prohibits someone previously convicted of domestic abuse battery from possessing a firearm or carrying a concealed weapon for 10 years. The statute was created by House Bill 753 – also known as the Susan “Pixie” Gouaux Act – which was signed into law earlier this year by Governor Bobby Jindal.

 

Possession of a Firearm or Carrying a Concealed Weapon by a Person Convicted of Domestic Abuse Battery — La. R.S. 14:95.10

 

It is unlawful for anyone convicted of domestic abuse battery at 14:35.3 to possess a firearm or carry a concealed weapon.

 

Penalty

Whoever is found guilty of this offense shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years and shall be fined not less than $500.00 nor more than $1,000.00.

 

A person cannot be found guilty of this offense if the original domestic battery conviction has been set aside, expunged or pardoned.

 

The statute applies to anyone who has been convicted of domestic abuse for  a period of 10 years from the date of completion of the sentence, probation, parole or suspended sentence.

 

The law went into effect August 1, 2014.

 

If you know someone who has a domestic battery conviction, please inform that person of the new law — this ban on possession of firearms includes hunting rifles.

 

Elizabeth B Carpenter is a criminal defense attorney in New Orleans who defends those accused of Domestic Violence and Weapons Crimes

 

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