At Wright Gray, we equip Louisiana citizens with the knowledge and education necessary to avoid potential legal pitfalls. However, the rules and regulations in the state of Louisiana surrounding weaponry is quite complex. We have advocated for clients accused of unlawful use of a weapon and know how to employ Louisiana law to defend your case. Consider contacting Wright Gray at 504-500-0000 for more information today if you were arrested or charged for the unlawful use of a weapon in Louisiana. 

When Is It Legal to Carry and Use a Weapon in Louisiana?

Louisiana is considered a “shall issue” state, meaning the state necessitates that an individual meets all gun law criteria and provisions before applying for a firearm permit. Louisiana allows the use of firearms and issues permits for concealed carry. In order to qualify for a concealed carry permit in Louisiana, a person must follow a specific procedure, namely: 

• Complete a Concealed Handgun Permit Application
• Provide all necessary documentation, which includes arrest dispositions, a medical summary, and divorce decrees, if applicable
• Submit fingerprinting at a police department
• Pay the fee 

Louisiana Revised Statutes 40 §1379.3.2 provides for lifetime concealed carry permits as well but permit holders must undergo education training every five years. There are also temporary permits available for special circumstances. 

Therefore, if you hold a Louisiana concealed carry permit, you are legally able to carry a weapon. This does not mean, however, that you can wield the weapon under any circumstance. There are designated situations wherein a concealed carry weapon can be utilized, namely when imminent danger of great bodily harm or death is upon you or another individual. In such cases, there must be reasonable belief of this danger and the concealed carry gun holder can only use as much force as necessary to prevent the threat from happening.

When Is It Unlawful to Carry and Use a Weapon in Louisiana?

As previously indicated, a concealed carry permit does not grant unlimited access to carry the weapon anywhere. There are specific locations and circumstances that prohibit the presence of weapons. A concealed carry permit holder is not allowed to bring their weapon into the following: 

• A police station, office, or building
• A prison or jail
• A courthouse or courtroom
• A polling place
• A local government building
• The state capitol building
• Certain portions of airports
• A place of worship
• A government-issued parade or demonstration
• A school campus

State law also provides for firearm-free zones. Louisiana Revised Statutes 14 §95.6 states that a fire-arm free zone is an area within a school campus or within 1,000 feet of a school campus, as well as within school buses. Bringing a weapon into a fire-arm-free zone is specifically prohibited and can have legal consequences if neglected. 

Carrying a firearm while under the influence of drugs or alcohol is strictly prohibited. Similarly, carrying a gun in a negligent way is also not permitted. For instance, if a person is walking around with friends and brings their gun out, tossing it around back and forth amongst the group, this would likely be considered negligent use of a firearm and could have legal consequences. 

It should be noted that in most situations, carrying a handgun in a vehicle is typically allowed. This legislation is quite nuanced, however, and consulting an attorney can help distinguish between when this is allowed and when this is considered unlawful use of a weapon.

Louisiana Revised Statutes 14 §95 makes it also clear that it is unlawful to use a weapon with the intention of committing a crime. Additionally, any unlawful use of a weapon can result in steep fines or even imprisonment. If you were arrested or charged in connection with the unlawful use of a weapon in Louisiana, consider contacting the experienced criminal defense attorneys at Wright & Gray today. 

What Is Considered a Weapon Under Louisiana Law?

When discussing weapons, most people automatically assume that firearms are the topic of conversation. While this may be true a majority of the time, this is a limited view of weaponry and Louisiana Revised Statutes 14 §95 provides for alternative types of weapons as well, including the following: 

• Switchblade, spring, or other forms of knives in which a blade can be unfolded
• Tools, dynamite, or explosives
• Any other instrumentality that is customary used as a weapon

Any of these items can be considered a weapon if used or wielded illegally. This is important, as many people neglect to consider that they may unlawfully carry a knife, for example. The primary differentiating factor between lawful and unlawful use of a weapon is the presence of a permit and the intent behind the use. If the weapon is used to commit a crime, the use of that weapon will most likely be considered unlawful. 

Who Cannot Use a Firearm in Louisiana?

Louisiana law places restrictions on groups of individuals who cannot legally own a gun in the state, including:

• Convicted felons of violent crimes, drug crimes, and weapons offenses
• Domestic violence offenders
• Minors

Regarding minors, there are some exceptions to this rule, for instance when they have their parent’s written permission or when they are hunting. In such instances, the use of a gun would not be considered unlawful use of a weapon in Louisiana.

Can An Attorney Help with Charges Related to the Unlawful Use of a Weapon?

The laws surrounding weapon ownership are challenging and complex, occasioning leading individuals to commit offenses unknowingly. Experienced defense attorneys can provide legal advice regarding the unlawful use of weapon charges in Louisiana, and ensure your legal rights remain protected. 

At Wright Gray, our years of experience in the unlawful use of weapons assists our clients and can mitigate potential legal consequences. Through creative legal strategies and comprehensive knowledge of Louisiana gun laws, we are able to navigate such charges and ensure that justice is upheld. Call us today at 504-500-0000 to discuss your options and learn how we can advocate for you.