Gun Rights and Domestic Battery Convictions — Louisiana Law

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 and certain offenses of battery of a dating partner —

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 violating the provisions of this Section shall be imprisoned with or without hard labor for not less than 1 year nor more than 20 years without the benefit of probation, parole, or suspension of sentence, and shall be fined not less than $1,000 dollars nor more than $5,000 dollars.

A person cannot be found guilty of this offense if the original domestic battery conviction has been set aside, expunged or pardoned or had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, possess, or receive firearms.

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, 2017.

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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