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 instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or
(4) The intentional concealment on one’s person 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, latch, or similar contrivance located on the handle.
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.
(5) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. “School” means any elementary, secondary, high school, or vo-tech school in this state and “campus” means all facilities and property within the boundary of the school property. “School bus” means any motor bus being used to transport children to and from school or in connection with school activities.
The provisions of this Paragraph shall not apply to:
- A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.
- A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
- Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.
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.
On a second conviction, the offender shall be imprisoned with or without hard labor for not more than five years.
On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than ten years without benefit of parole, probation, or suspension of sentence.
The enhanced penalty upon second, third, and subsequent convictions shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted; the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while unlawfully in the possession of a controlled dangerous substance except the possession of fourteen grams or less of marijuana, or during the unlawful sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than 5 nor more than 10 years without the benefit of probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than 20 years nor more than 30 years without the benefit of probation, parole, or suspension of sentence.
If the offense is committed with a firearm during the commission of a crime of violence, the penalty is a fine not more than $2,000, or imprisonment, with or without hard labor, for 1 to 2 years, or both. Any sentence issued pursuant to the provisions of this Paragraph shall be served consecutively.
Under this law a “firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
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.