State Gun Laws

In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Louisiana state law, it is illegal for anyone to possess a firearm or carry a concealed weapon under the following circumstances:

1. If someone has a long-term protective order against him/her, it is illegal to possess/carry while the order is in effect as long as:
   • the order includes a finding that the defendant represents a believable (credible) threat to the physical safety of a family member, household member, or dating partner; and
   • the order includes a notice to the defendant about this law and about the federal firearm law;¹ and
2. If someone has been convicted of any of the following crimes, as long as s/he was represented by a lawyer during the criminal case or s/he gave up the right to have a lawyer:

• domestic abuse battery;
• battery of a dating partner when the offense involves strangulation;
• battery of a dating partner when the offense involves burning; or
• a second, third, fourth, etc., offense of battery of a dating partner.²

In addition, anyone who was convicted of or found “not guilty by reason of insanity” of any of the following crimes cannot possess a firearm or carry a concealed weapon for a period of ten years from the date of completing the sentence, probation, parole, suspension of sentence, or discharge from a mental institution by a court:

1. a “crime of violence” that is a felony;
2. various burglary crimes – for a complete list, go to our Selected Louisiana Statutes page;
3. manufacture or possession of a bomb or other incendiary device;
4. possession of a firearm while possessing or selling a controlled dangerous substance;
5. felony illegal use of weapons;
6. any violation of the Uniform Controlled Dangerous Substances Law that is a felony;
7. any crime defined as a sex offense; or
8. an attempt to commit any of these above-listed offenses.³

If the abuser was age 15 or 16 at the time s/he was “adjudicated delinquent” of committing any of the above eight crimes, s/he may be violating this law. However, there are some exceptions. Read section 95.1(A)(2) of the law to learn more.⁴

Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to our Federal Gun Laws page to get more information.

¹ LA R.S. 46:2136.3
² LA R.S. 14:95.10(A), (C)
³ LA R.S. 14:95.1(A), (C)
⁴ LA R.S. 14:95.1(A)(2)