Illegal Carrying of a Weapon
May 25th, 2023
Carrying a weapon is a fundamental right
Gun rights are something most Americans hold sacred. The right to bear arms goes back to the Second Amendment to the Constitution of the United States of America in 1791. While the right to carry a firearm, or bear arms, is a fundamental right, Louisiana has implemented limitations to that right.
What constitutes Illegal Carrying of a Weapon
In Louisiana, the illegal carrying of a weapon is, quite literally, carrying a concealed weapon. If the weapon is not concealed, there is no illegal carrying charge. For example, a gun hidden in pants constitutes illegal carrying. No one can carry a concealed weapon without obtaining the proper permit.
One nuisance often overlooked in this statute is a weapon is not only a firearm. The weapon can be dynamite, a switchblade knife, or tools customarily used by thieves or burglars!
What happens if convicted of Illegal carrying of a weapon
As a general rule, illegal carrying is a misdemeanor punishable by up to six months in jail and up to a $500 fine. These penalties increase. A second illegal carrying charge is a felony, and the penalties increase. There are additional penalties if a crime of violence or drug charge is involved. If drugs are involved, the penalties can be jail time of five to ten years without the benefit of probation, parole, or suspension of sentence.
What happens after an arrest for Illegal Carrying of a Weapon
Keep in mind, especially on a first offense, that you are probation eligible. It is not a crime of violence, and it is something that, if convicted, can often be removed from your record. In any situation, keep calm, and don’t let things escalate because of your actions.
And remember, laws and interpretations are continually changing. This blog outlines the illegal carrying of a weapon law in place in 2023, according to LSA R.S. 14:95. As rulings come down from different courts and jurisdictions, these rules are apt to change.
If you or someone you know has a question about the illegal carrying of a weapon charge and wants to discuss the process, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, Bossier Parish, Shreveport, and Bossier City, Louisiana. And remember, keep calm and let Hillman handle it.