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 final 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
- If someone has been convicted of any of the following crimes, it is illegal to possess/carry (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 (or 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” which 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 (LA R.S. 40.961 et seq.) that is a felony;
- any crime defined as a sex offense; or
- an attempt to commit any of these above-listed offenses.3
There are additional reasons why a person would not qualify for a permit to be able to carry a concealed weapon. See What reasons would someone be denied a permit to carry a concealed handgun? for more information.
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)