On this page
- What does Louisiana's permitless carry law allow?
- Where is carrying a gun still illegal?
- What are the penalties for illegal carrying of weapons?
- Who counts as a felon in possession?
- Can a domestic violence conviction take away my gun rights?
- How do you fight a gun charge?
- Where will my gun case be heard?
- Can a gun charge be cleared from my record?
- What should I do after a gun arrest?
- Why work with a former prosecutor on a weapons case?
What does Louisiana's permitless carry law allow?
Since July 4, 2024, anyone 18 or older who is not prohibited from possessing a firearm under state or federal law may carry a concealed handgun in Louisiana without a permit. Before that date, a concealed handgun permit was generally required.
The key words are not prohibited. Permitless carry does not help anyone who is already barred from having a gun, such as people with certain felony convictions or a domestic violence conviction. For them, carrying a gun is still a serious crime.
It also does not change the rules about where you can carry, or what you can do with a gun. Using or carrying a gun while committing another crime remains a felony with heavy penalties.
Where is carrying a gun still illegal?
Even with permitless carry, Louisiana law still bans carrying in many places. They include:
- Schools and school buses
- Courthouses
- Law enforcement offices and jails or detention facilities
- Polling places
- Government buildings and the State Capitol
- Airports
- Places of worship, unless you have permission
- Permitted parades
Private property owners and businesses can also ban guns on their property. In a city with as many parades, festivals and crowded events as New Orleans, it is easy to end up somewhere you should not be carrying. If you were arrested in one of these places, the details of exactly where you were, and what notice was given, can matter.
What are the penalties for illegal carrying of weapons?
Illegal carrying of weapons under La. R.S. 14:95 starts as a misdemeanor but becomes a felony on a second offense, and the penalties climb fast.
| Offense | Maximum penalty |
|---|---|
| Illegal carrying, 1st offense | Up to 6 months in jail and/or up to $500 |
| Illegal carrying, 2nd offense | Up to 5 years, with or without hard labor |
| Illegal carrying, 3rd or later | Up to 10 years without benefit of parole, probation or suspension |
| Carrying a firearm while possessing illegal drugs or committing a violent crime | 5 to 10 years at hard labor without benefit and a $10,000 fine (20 to 30 years on a 2nd offense) |
| Felon in possession (R.S. 14:95.1) | 5 to 20 years at hard labor without benefit and a $1,000 to $5,000 fine |
"Without benefit" means the time must be served without parole, probation or a suspended sentence. When a gun is found during a drug arrest, the gun charge can carry more prison time than the drug charge itself.
Who counts as a felon in possession?
Under La. R.S. 14:95.1, a person convicted of a crime of violence, burglary, a felony drug offense, a sex offense or another listed felony may not possess a firearm or carry a concealed weapon for 10 years after completing the sentence. That 10-year clock starts when probation, parole or the sentence ends, not on the date of conviction.
The penalty is severe: 5 to 20 years at hard labor without benefit of parole, probation or suspension, plus a fine of $1,000 to $5,000. There is a mandatory minimum, so even a first-time charge carries real prison exposure.
These cases often turn on details. Was the prior conviction actually on the list? Has the 10-year period already run? Did you actually possess the gun, or was it simply near you? Federal law has its own, generally stricter felon-in-possession ban, and some cases are charged in federal court instead.
Can a domestic violence conviction take away my gun rights?
Yes. Under Louisiana law, anyone convicted of domestic abuse battery, or certain dating partner battery, may not possess a firearm for 10 years after completing the sentence. Violating that ban carries 1 to 20 years without benefit and a $1,000 to $5,000 fine.
Federal law goes further. Under 18 U.S.C. 922(g)(9), a misdemeanor crime of domestic violence brings a lifetime federal firearm ban.
This is one reason a domestic violence charge deserves a strong defense even when it is "only" a misdemeanor. If you hunt, work in security or law enforcement, or simply want to keep the right to protect your home, talk to us before you take any plea. Learn more on our domestic violence defense page.
How do you fight a gun charge?
Gun charges are often won or lost on how the gun was found and whether the State can prove it was yours. We look at:
- The stop and search. Did police have a legal reason to stop you, search your car or enter your home? Evidence from an illegal search may be thrown out.
- Possession. A gun under a seat in a shared car, or in a room several people use, does not automatically belong to you. The State must prove you knew about it and had control over it.
- Your legal status. We check whether a prior conviction really bars you, and whether any ban has expired.
- The location. If the charge depends on a restricted place, we look at whether the place truly qualified and what notice was posted.
- Statements. We review whether anything you said was taken in violation of your rights.
Where will my gun case be heard?
Your case will be heard in the court for the parish where you were arrested, or in federal court if federal prosecutors take it.
- New Orleans: Orleans Parish Criminal District Court, 2700 Tulane Avenue.
- Kenner, Metairie and the rest of Jefferson Parish: felony gun charges go to the 24th Judicial District Court, 200 Derbigny St., Gretna. A first-offense illegal carrying misdemeanor may be heard in the First Parish Court in Metairie (East Bank) or the Second Parish Court in Gretna (West Bank).
- St. Tammany Parish: the 22nd Judicial District Court in Covington.
- Federal cases: the U.S. District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans.
We handle weapons cases in all of these courts and throughout the parishes we serve.
Can a gun charge be cleared from my record?
Sometimes. It depends on whether the charge is a misdemeanor or a felony and how the case ends.
A first-offense illegal carrying charge is a misdemeanor, and it is not on the short list of misdemeanors that Louisiana bars from expungement. An eligible conviction can be set aside under Article 894 after probation and then expunged, or expunged once more than 5 years have passed with no felony conviction.
Felony weapons convictions are harder. Felony expungement generally requires an Article 893 set-aside or a 10-year wait, and crimes of violence are generally excluded. If your case is dismissed or refused, you can usually seek expungement of the arrest once the case is over. That is why fighting for a dismissal or reduced charge matters so much.
What should I do after a gun arrest?
Say nothing about the gun and call a lawyer. Do not explain where it came from, who owns it or why you had it. Those answers are often the State's strongest evidence on possession.
After an arrest, you must be brought before a judge within 72 hours, not counting weekends and holidays. Bail can be set at that hearing, and judges weigh the seriousness of the charge and any claimed danger to the community. Having a lawyer ready for that first appearance can make a real difference. See bail and bond hearings.
Call The Barry S. Ranshi Law Firm at (504) 905-8399. We answer 24/7, including nights, weekends and holidays, and your first consultation is free and confidential.
Why work with a former prosecutor on a weapons case?
Barry S. Ranshi served as a felony trial prosecutor in the Orleans Parish District Attorney's Office, and he knows how weapons cases are charged and proved. He also worked as a staff attorney to an Orleans Parish Criminal Court judge, advising the court on evidence and procedure, which is often where gun cases are decided.
Associate Attorney Patricio Ramos is also a former prosecutor and a U.S. Navy veteran. Together, our team defends weapons charges in Orleans Parish Criminal District Court, the 24th Judicial District Court in Gretna and courts across Greater New Orleans. For a free, confidential consultation, call (504) 905-8399.