Possession of Firearm by Convicted Felon in Louisiana | Carl Barkemeyer, Criminal Defense Attorney

What happens when a convicted felon is charged with possession of a firearm in Louisiana? Carl Barkemeyer is here to help.

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Let's talk about the criminal charge of possession of a firearm by a convicted felon in Louisiana. Now, this is a very serious charge with serious consequences. State prosecutors do not like to help defendants with these charges; however, we know the gun charge offenses at work and how to use them.

So, why are felon-in-possession-of-a-firearm charges so serious? Felon-in-possession-of-a-firearm charges are serious because the penalties are so severe. If convicted, the defendant must be imprisoned at hard labor for five to twenty years without the benefit of probation, parole, or suspension of sentence, and be fined not less than $1,000 nor more than $5,000. That means that he cannot get probation if convicted—he must do prison time for at least five years. The judge may consider all the facts and circumstances surrounding the gun charge to determine the amount of time to give the defendant. The judge may consider how long the defendant has been off probation or parole for the underlying felony. The judge may consider what the underlying felony was and the number of prior felony convictions. The judge may want to know if the defendant was involved in drug-dealing activities during the new arrest. All these issues may influence the judge’s sentence.

So, who can’t possess a firearm? Not every convicted felon is banned from possessing a firearm in Louisiana. However, according to federal law, no convicted felon can possess a firearm. If convicted of the following types of offenses, the individual cannot possess a firearm in Louisiana:

Felony crime of violence

Simple burglary

Burglary of a pharmacy

Burglary of an inhabited dwelling

Unauthorized entry of an inhabited dwelling

Felony illegal use of weapons or dangerous instrumentalities

Manufacture or possession of a delayed-action incendiary device

Manufacture or possession of a bomb

Possession of a firearm while in possession of or during the sale or distribution of a CDS

Felony drug charge

Any sex offense

Any crime defined as an attempt to commit one of the crimes above

Any felony domestic abuse charges

How long before a convicted felon can possess a firearm again? If the defendant is convicted of one of the charges above, he cannot possess a gun for ten years after the date he completes his sentence. This will be the date he finishes probation or parole. For instance, if he’s convicted of possession of cocaine on January 1, 2018, and sentenced to two years of probation, the ten years will start after January 1, 2020, if his probation is terminated then. This is Louisiana law. The federal government does not have a period of cleansing; therefore, if convicted of any felony, the feds don’t allow possession of a firearm.

What types of firearms cannot be possessed by a convicted felon? According to Louisiana legislature, the following weapons cannot be possessed by a person with certain felony convictions: pistol, revolver, rifle, shotgun, machine gun, submachine gun, black-powder weapon, or assault rifle.

What does the state have to prove? In order to present sufficient evidence that the defendant was a convicted felon in possession of a firearm, the state must prove the following:

That the defendant possessed a firearm.

That the defendant was previously convicted of an enumerated felony.

The absence of the ten-year period of limitation.

General intent to commit the offense.

Now, I hope this video helps you understand the charge of possession of a firearm by a convicted felon in Louisiana. If you need a criminal defense attorney for this charge, give me a call—I’d be happy to help.

Barkemeyer Law Firm
We defend criminal charges in all areas of Louisiana.
https://attorneycarl.com/

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This information and video is not intended to be formal legal advice nor does it create an attorney-client relationship.