{
 "citation": "14:95.1",
 "heading": "Possession of firearm or carrying concealed weapon by a person convicted of certain",
 "doc_id": "78740",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78740",
 "classification": "F",
 "enacted_year": "1975",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than five nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.",
   "los_min": "5Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) Whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not less than one year nor more than seven and one-half years and fined not less than one thousand dollars nor more than five thousand dollars.",
   "los_min": "1Y",
   "los_max": "7.5Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:2",
  "15:541"
 ],
 "text": "RS 14:95.1\n\n\u00a795.1. Possession of firearm or carrying concealed weapon by a person convicted of certain\nfelonies\n\nA.(1) It is unlawful for any person who has been convicted of, or has been found not\nguilty by reason of insanity for, a crime of violence as defined in R.S. 14:2(B) which is a\nfelony or simple burglary, burglary of an inhabited dwelling, unauthorized entry of an\ninhabited dwelling, felony illegal use of weapons or dangerous instrumentalities,\nmanufacture or possession of a delayed action incendiary device, manufacture or possession\nof a bomb, or possession of a firearm while in the possession of or during the sale or\ndistribution of a controlled dangerous substance, or any violation of the Uniform Controlled\nDangerous Substances Law which is a felony, or any crime which is defined as a sex offense\nin R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated\noffenses under the laws of this state, or who has been convicted under the laws of any other\nstate or of the United States or of any foreign government or country of a crime which, if\ncommitted in this state, would be one of the above-enumerated crimes, to possess a firearm\nor carry a concealed weapon.\n\n(2)(a) This Section shall also apply to any person who committed a felony-grade\ndelinquent act described in Paragraph (1) of this Subsection while in possession of a firearm,\nif adjudicated when that person was fifteen or sixteen years of age, and the person is under\nthe age of twenty-two years at the time of the violation of this Section.\n\n(b) The provisions of this Paragraph shall not apply to any person who has been\naccepted into military service as a member of any of the branches of the armed forces of the\nUnited States as defined by 10 U.S.C. 101(a)(4), the reserve components of the armed forces\nof the United States as defined by 10 U.S.C. 10101, or the Louisiana National Guard.\n\nB.(1) Whoever is found guilty of violating the provisions of this Section shall be\nimprisoned at hard labor for not less than five nor more than twenty years without the benefit\nof probation, parole, or suspension of sentence and be fined not less than one thousand\ndollars nor more than five thousand dollars.\n\n(2) Whoever is found guilty of attempting to violate the provisions of this Section\nshall be imprisoned at hard labor for not less than one year nor more than seven and one-half\nyears and fined not less than one thousand dollars nor more than five thousand dollars.\n\n(3) If the offender is found guilty of violating the provisions of this Section while on\nprobation or parole, the sentence imposed pursuant to this Subsection shall be served\nconsecutively with the remaining balance of any sentence to be served for a prior conviction\nfor any offense in accordance with Code of Criminal Procedure Article 901.\n\nC. The provisions of this Section prohibiting the possession of firearms and carrying\nconcealed weapons by persons who have been convicted of, or who have been found not\nguilty by reason of insanity for, certain felonies shall not apply to any person who has not\nbeen convicted of, or who has not been found not guilty by reason of insanity for, any felony\nfor a period of ten years from the date of completion of sentence, probation, parole,\nsuspension of sentence, or discharge from a mental institution by a court of competent\njurisdiction.\n\nD. If a violation of this Section is committed during the commission of a crime of\nviolence as defined in R.S. 14:2(B), or the defendant has a prior conviction of a crime of\nviolence, then the violation of this Section shall be designated as a crime of violence.\n\nE. For the purposes of this Section, \"firearm\" means any pistol, revolver, rifle,\nshotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is\ndesigned to fire or is capable of firing fixed cartridge ammunition or from which a shot or\nprojectile is discharged by an explosive.\n\nAdded by Acts 1975, No. 492, \u00a72. Amended by Acts 1980, No. 279, \u00a71; Acts 1985,\nNo. 947, \u00a71; Acts 1990, No. 328, \u00a71; Acts 1992, No. 403, \u00a71; Acts 1994, 3rd Ex. Sess., No.\n28, \u00a71; Acts 1995, No. 987, \u00a71; Acts 2003, No. 674, \u00a71; Acts 2009, No. 154, \u00a71; Acts 2009,\nNo. 160, \u00a71; Acts 2010, No. 815, \u00a71; Acts 2010, No. 942, \u00a71; Acts 2017, No. 281, \u00a71; Acts\n2018, No. 532, \u00a73; Acts 2022, No. 465, \u00a71, eff. June 15, 2022; Acts 2022, No. 702, \u00a71, eff.\nJune 18, 2022; Acts 2024, No. 56, \u00a71; Acts 2024, No. 63, \u00a71; Acts 2024, No. 413, \u00a71."
}