SCOTUS Update: A victory for gun ownership rights

  Supreme Court Rules Felons May Sell, Transfer Guns Last year, I wrote of the case of Henderson vs. United States wherein a U.S. Border Patrol agent who, after being convicted of felony distribution of marijuana, was not allowed by a lower court to sell his collection of firearms to a third party. I mentioned that the United States Supreme Court agreed to address the issue. The question before the court was when an individual surrenders his firearms to police and is later convicted of a felony, what happens to the firearms? The weapons can’t go back to the felon because [...]

By |2015-06-12T15:01:46+00:00June 1st, 2015|Categories: U.S. Supreme Court, Weapons Crimes|Tags: , , |

May a felon sell rather than give his guns to the government?

  Henderson vs. United States: May a felon sell rather than give up his guns? By: Elizabeth B. Carpenter -- Firearm Defense Attorney New Orleans   The Unites State Supreme Court has agreed to examine this issue during the present session in the case Henderson vs. United States.     This case centers on Tony Henderson, a former U.S. Border Patrol agent who was charged with selling marijuana in 2006, and later convicted of a felony.   Federal law prohibits felons from possessing firearms, and Henderson turned 15 personal weapons over to the FBI while his case was pending.   [...]

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 -- [...]

Three New Louisiana Laws Regarding Gun Rights

  Governor Bobby Jindal has signed three bills into law.  Two of these bills expand gun rights, while the third one restricts gun rights.   Carrying Weapons in Establishments that Serve Alcohol A new law that allows concealed-carry permit holders to carry their weapons into restaurants that serve alcohol -- the establishment must make most of its money from the sale of food rather than alcohol.  This law will also permit off-duty law enforcement officers to carry their guns into bars.  However, no one will be allowed to drink alcohol while carrying a weapon in restaurants. The state's concealed-carry law already allows [...]

Should Louisiana Gun Rights Extend To Convicted Felons?

  In 2012, Louisiana voters approved a state constitutional amendment that makes gun ownership a fundamental right.  This places gun ownership on the same level as freedom of speech or freedom of religion.  This law also requires that any challenges should be held to strict scrutiny which is the most stringent standard of judicial review.  In other words, the law should favor the constitutional right or principle more than the government's interest. Since this amendment passed, many defense attorneys have challenged prosecutions for Felon in Possession of a Firearm La. R.S. 14:95.1 in state courts.  The issue is whether the amendment applies to [...]

New Louisiana Bill Aims to Create the Crime of Unlawful Storage of a Firearm

New Orleans Weapons Crimes Attorney   Elizabeth B. Carpenter -- Weapons and Gun Defense Attorney   The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm.    This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.   The law proposes the following penalties: First violation of a fine of not more than $300. Second or subsequent violation of a [...]

Possession Or Dealing Firearms With Obliterated Mark — Louisiana

New Orleans Weapons Crimes Defense Attorney   If you are being criminally charged with Possession or Dealing Firearms With Obliterated Mark, contact Elizabeth B. Carpenter Law for a consultation.  We are ready to defend you and protect your rights!   By Elizabeth B Carpenter   Possession or Dealing Firearms With Obliterated Mark -- 14:95.7 No person shall intentionally receive, possess, carry, conceal, buy, sell, or transport any firearm from which the serial number or mark of identification has been obliterated. This Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which [...]

Fake Explosive Devices — Louisiana

Criminal Defense Attorney New Orleans   Elizabeth B. Carpenter, Esq. -- Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.   Fake Explosive Device  La RS 14:54.5 It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally: (1)  Influences the official conduct or action of an official or any personnel of a public safety agency; or (2)  Threatens to use the fake explosive device while committing or attempting [...]

Unlawful Sales of Weapons to Minors — Louisiana

New Orleans Weapons Charges Defense Attorney   Elizabeth B. Carpenter, Esq. -- Defending Misdemeanors and Felonies in Orleans, Jefferson, St. Bernard, Plaquemines, St. Bernard, St. John and St. Charles' Parishes. Gun Charges   Unlawful Sales of Weapons to Minors -- La RS 14:91 Unlawful sales of weapons to minors is the selling or otherwise delivering for value of any firearm or other instrumentality customarily used as a dangerous weapon to any person under the age of 18.  Lack of knowledge of the minor's age shall not be a defense. Whoever commits the crime of unlawful sales of weapons to minors [...]

Felon in Possession of a Firearm — Louisiana

New Orleans Weapons Crimes Defense Attorney If you are being criminally charged with Possession of Firearm or Carrying Concealed Weapon by a Person Convicted of Certain Felonies, contact Elizabeth B. Carpenter Law for a consultation.  We are ready to defend you and protect your rights! Possession of Firearm or Carrying Concealed Weapon by a Person Convicted of Certain Felonies -- La R.S. 14:95.1 It is unlawful for any person who has been convicted of a crime of violence which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony [...]