I am a victim of domestic violence and the abuser has a gun. Is that legal?
Under Louisiana state law, it is illegal for anyone to possess a firearm or carry a concealed weapon under the following circumstances:
- 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
- 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:
- a “crime of violence” that is a felony;
- various burglary crimes – for a complete list, go to our Selected Louisiana Statutes page;
- manufacture or possession of a bomb or other incendiary device;
- possession of a firearm while possessing or selling a controlled dangerous substance;
- felony illegal use of weapons;
- any violation of the Uniform Controlled Dangerous Substances Law that is a felony;
- any crime defined as a sex offense; or
- 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)