Both Louisiana state law and federal law bar certain categories of people from possessing firearms. Some of these disqualifications are temporary; others are permanent. Understanding who cannot lawfully own a firearm matters both for staying within the law and for knowing your rights if you have a conviction or other disqualifying circumstance in your past.
Federal Firearm Prohibitions
Federal law, principally 18 U.S.C. § 922(g), prohibits several categories of people from possessing firearms anywhere in the country. The main prohibited groups include:
- Convicted felons. Anyone convicted of a crime punishable by more than one year of imprisonment is generally barred — often permanently, even long after the sentence is served.
- People adjudicated mentally defective or committed to a mental institution. Certain involuntary commitments and court determinations trigger the ban.
- Fugitives from justice. Those fleeing prosecution or avoiding court.
- Unlawful users of controlled substances. Including those addicted to or currently using illegal drugs.
- People subject to certain domestic-violence protective orders.
- People convicted of a misdemeanor crime of domestic violence.
- Undocumented immigrants and those who have renounced U.S. citizenship.
Louisiana Firearm Prohibitions
Louisiana has its own restrictions that overlap with federal law. The state’s felon-in-possession statute, La. R.S. 14:95.1, makes it a serious crime for a person convicted of certain enumerated felonies — generally crimes of violence, drug offenses, and other specified felonies — to possess a firearm or carry a concealed weapon. (A related statute, La. R.S. 14:95.2, addresses possession of firearms on school property, which is a distinct offense.) Domestic-violence convictions and active protective orders can also prohibit firearm possession, and a court may impose a no-firearms condition while violent-crime charges are pending.
Temporary vs. Permanent Disqualifications
Some prohibitions last only as long as the underlying circumstance. A protective order bars possession while the order is in effect; bond and probation conditions bar possession for their duration. Other disqualifications are effectively permanent, including most felony convictions and domestic-violence convictions under federal law, and certain mental-health commitments unless they are later reversed.
Restoring Firearm Rights
Restoration of firearm rights is limited and complex. There is no general federal restoration process, though rights can sometimes be restored through a pardon, an expungement that meets specific legal requirements, or the vacating of a conviction. Louisiana’s felon-in-possession statute also provides a limited path under which some non-violent offenders may regain possession rights after a defined period has elapsed without further trouble. Because the rules are technical and the stakes are high, an attorney should evaluate whether restoration is possible in your particular situation.
Penalties for Unlawful Possession
The consequences of possessing a firearm while prohibited are severe. A federal felon-in-possession conviction can carry up to ten years in federal prison, and Louisiana’s felon-in-possession statute carries its own substantial mandatory penalties, including hard labor and significant fines. State and federal charges can also be pursued in parallel, compounding the exposure.
Background Checks and Common Scenarios
Purchases from licensed dealers run through the federal background-check system, which flags disqualifying convictions, protective orders, and mental-health determinations; private transfers may not require a check, but a prohibited person who acquires a firearm that way is still breaking the law. Whether a particular record disqualifies you depends on the details — a felony drug conviction or a domestic-violence conviction generally bars possession, while many misdemeanor offenses do not. Louisiana’s permitless-carry rules do not change any of this: a prohibited person cannot lawfully carry regardless of permit status.
Conclusion
Federal and Louisiana law bar a range of people from possessing firearms — convicted felons, those with domestic-violence convictions, people subject to protective orders, and those with certain mental-health commitments, among others — and violations are serious crimes. If you are unsure whether you may legally possess a firearm, talk to a lawyer before obtaining or carrying one. Contact The Ambeau Law Firm for guidance, or learn more about our criminal defense practice.