If you’ve been charged with a felon in possession of firearm charge under Louisiana’s strict gun laws, you’re likely concerned about the penalties for felon in possession of firearm. You are facing serious concerns about your future. Louisiana statute RS 14:95.1 is designed to prohibit individuals with prior felony convictions from possessing firearms or carrying concealed weapons. The penalties for felon in possession of firearm violations are severe and can include long-term imprisonment, steep fines, and life-changing consequences.
This guide explains the details of RS 14:95.1, including the penalties, possible defenses, and why contacting an experienced attorney immediately is crucial.
What is RS 14:95.1?
RS 14:95.1 makes it illegal for individuals with specific felony convictions to possess a firearm or carry a concealed weapon. This includes convictions for:
- Crimes of violence as defined in RS 14:2(B), such as armed robbery, manslaughter, or assault.
- Felony illegal use of weapons or dangerous instrumentalities, including gun-related offenses.
- Unauthorized entry of an inhabited dwelling or other burglary-related crimes.
- Burglary of an inhabited dwelling or possession of illegal explosive devices, such as the manufacture or possession of a delayed action incendiary device or possession of a bomb.
- Felony drug-related crimes, including possession, sale, or distribution of a controlled dangerous substance.
- Sex offenses as defined in RS 15:541 or attempts to commit these crimes.
Additionally, RS 14:95.1 applies to individuals who committed felony-grade delinquent acts involving firearms at the ages of 15 or 16, provided they are under 22 years old at the time of the new violation. However, exceptions exist for those who have been accepted into military service.
If you are uncertain whether your prior conviction qualifies under RS 14:95.1, consult a criminal defense attorney to clarify your legal standing.
Penalties for Felon in Possession of Firearm
The penalties for felon in possession of firearm are among the harshest in Louisiana. If convicted, you could face:
1. Standard Penalties
- Imprisonment at hard labor for a minimum of 5 years and up to 20 years.
- A fine ranging from $1,000 to $5,000.
- No eligibility for probation, parole, or suspension of sentence.
2. Attempted Violations
If you are found guilty of attempting to violate RS 14:95.1, you could face:
- Imprisonment at hard labor for a minimum of 1 year and up to 7.5 years.
- The same fine range of $1,000 to $5,000.
3. Enhanced Penalties
The penalties increase if:
- The violation occurs during a crime of violence, such as armed robbery or assault.
- The offender has a prior conviction for a felony crime involving violence.
In these cases, the possession of a firearm may be reclassified as a crime of violence, compounding the severity of the sentence.
Long-Term Consequences of a Conviction
A felon in possession of firearm charge can have lasting impacts on your life beyond the courtroom:
- Loss of Civil Rights: Convicted felons often lose the right to vote and own firearms permanently under both state and federal law.
- Employment Challenges: Many employers avoid hiring individuals with a history of felony crimes.
- Housing Denials: A criminal record can lead to difficulties securing housing or loans.
- Family Strain: Financial and emotional hardships can take a toll on relationships.
These long-term consequences make it crucial to address a felon in possession charge with a strong legal defense. To avoid long term consequences it’s important to hire a criminal defense attorney. Not sure what to ask during a free consultation? Read our blog here: “10 Questions to Ask a Criminal Defense Attorney Before Hiring Them.”
Common Scenarios Leading to Gun Possession Charges
Charges under RS 14:95.1 often arise from seemingly straightforward situations, such as:
- Unintentional Possession: Having a firearm in a shared household or vehicle may lead to charges even if the weapon is not yours.
- Carrying for Protection: Many convicted felons carry firearms for personal safety, unaware this violates the law.
- Mistaken Identity or Error: Sometimes, law enforcement errors result in wrongful charges or violations of legal rights.
Each case is unique, and the possession of a firearm under these circumstances can lead to life-altering penalties.
Defenses Against Felon in Possession of Firearm Charges
Being charged under RS 14:95.1 does not mean you’re automatically guilty. A skilled defense attorney can develop strategies tailored to your case, such as:
1. Lack of Possession
The prosecution must prove you knowingly had control over the firearm. If the weapon was not in your possession or control, this can serve as a defense.
2. Illegal Search and Seizure
If law enforcement obtained evidence through an unlawful search, your attorney could argue to suppress that evidence. This is a common defense in felon in possession cases. Not sure if your Miranda Rights were violated? Read our Blog: “How Do I Know if My Miranda Rights were Violated?”
3. Expiration of Restrictions
After 10 years without a new conviction, individuals may regain their right to own firearms. If this applies to you, your attorney can argue the restrictions no longer apply.
4. Lack of Knowledge
If you were unaware of the presence of the firearm (e.g., it was in a borrowed car or left by someone else), this could be a viable defense.
Have more questions? Visit our FAQ: Criminal Page.
Conclusion: Protect Your Future Today
Facing charges under RS 14:95.1 can feel overwhelming, but you don’t have to face it alone. The penalties for felon in possession of firearm violations are severe, but with the right legal representation, you can fight for your rights and future.
If you or someone you know has been charged with a felon in possession of firearm charge, don’t wait. Call Phillips Law today at 504-434-7000 for a free consultation with an attorney. Let us help you understand your options and build a strong defense today!
