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Legal Information: Louisiana

State Gun Laws

Updated: 
February 12, 2019

I have a protective order against the abuser. Can s/he keep a gun or buy a new gun?

Louisiana law makes it illegal for someone to possess a firearm or carry a concealed weapon while a long-term protective order is in effect if:

  • 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

In addition, if a person has a protective order against him/her that meets certain requirements, s/he would not qualify for a permit to carry a concealed handgun if s/he applied for one.2 The requirements are:

  1. the order was issued after a hearing;
  2. the abuser has to be given notice of the hearing and an opportunity to attend (whether or not s/he actually attends doesn’t matter);
  3. the abuser must be:
    • your current or former spouse;
    • a person with whom who you have a child in common; or
    • a person with whom you live or have lived in the past;3 and
  4. the order of protection must contain the following specific legal language:
    • it has to forbid the respondent from harassing, stalking, threatening, or behaving in any way that causes the petitioner to fear physical injury for him/herself or his/her child; and
    • it has to say one of the following:
      • the abuser represents a threat to the physical safety of the petitioner or his/her child; or
      • the use, attempted use, or threatened use of physical force against the petitioner or his/her child is not allowed (prohibited).4

Lastly, federal laws, which apply to all states, restrict a person's right to have a gun under certain circumstances, including when there is an order of protection that was issued after notice to the abuser and a hearing. Go to Federal Gun Laws to get more information.

1 LA R.S. 46:2136.3
2 LA R.S. 40:1379.3(C)(17)
3 18 USC §§ 922(g)(8); 921(a)(32)​
4 18 USC § 922(g)(8)