I am a victim of domestic violence and the abuser has a gun. Is that legal?
It depends. If you have a protective order against the abuser, or if the abuser has been convicted of a felony or domestic violence misdemeanor, then federal law states that it is illegal for the abuser to ever buy, own or have a gun in his/her possession.1 There are certain requirements that your protective order must meet for it to qualify under federal law. See I have a protective order against the abuser. Can s/he keep a gun or buy a new gun? to read more about what those requirements are. If you are not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors? To read the definition of a felony, see What is the definition of a felony?
In addition, if the abuser has committed one of the following crimes, Louisiana state law makes it illegal for him/her to possess a gun for a period of ten years from the date of completing the sentence, probation, parole, or suspension of sentence:
- a “crime of violence” which is a felony;
- various burglary crimes;
- 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.2
Note: This list summarizes the relevant crimes. For a complete list, please visit our LA Statutes page. In addition, federal law applies to all states, which prohibits a convicted felon from ever possessing a gun.
For additional reasons why a person would not be able to carry a concealed weapon under LA law, go to I do not have a protective order against the abuser, and s/he has not been convicted of a crime. Is there anything I can do?
1 18 USC § 922(g)(8),(9)
2 LA R.S. 14:95.1(A),(C)