Firearms Charges Attorney in Lake Charles, Louisiana

Firearm charges in Lake Charles, Louisiana, carry some of the most serious penalties under
both state and federal law. Whether you’re accused of illegal possession, improper use, or a
related violent crime, a conviction can lead to lengthy prison sentences, hefty fines, and a
permanent loss of your Second Amendment rights. At The Colonna Law Firm, LLC, our
dedicated Lake Charles Criminal Defense Attorney, Jacob Colonna, is committed to providing
aggressive, informed, and strategic defense for individuals facing gun crime charges in
Southwest Louisiana.
We understand the complexities of firearm laws and the devastating impact these charges can
have on your life. If you’ve been arrested for a firearm offense, do NOT speak to law
enforcement without legal counsel. Your freedom is our priority.
Understanding Firearm Laws in Louisiana
Louisiana has complex firearm laws, balancing Second Amendment rights with public safety
concerns. Recent changes have made Louisiana a permitless carry state for concealed firearms
(as of July 4, 2024), but strict regulations still apply to who can possess firearms, where they can
be carried, and how they can be used.
Key Factors in Firearm Charges:
 Eligibility to Possess: Who is legally allowed to own a gun.
 Location of Possession: Where firearms are prohibited, even for legal owners.
 Manner of Carrying: Open vs. concealed carry, and new permitless carry rules.
 Use of a Firearm: When and how a firearm can be lawfully discharged or used.
 Type of Firearm: Restrictions on certain weapons (e.g., machine guns, obliterated serial
numbers).
Common Firearm Charges We Defend in Lake Charles, LA
Our Lake Charles firearm crimes lawyer defends clients against a wide range of state and
federal firearm charges, including:

1. Possession of a Firearm by a Convicted Felon (La. R.S. 14:95.1)
   This is one of the most common and serious firearm charges. Under Louisiana law, it is illegal
   for anyone convicted of certain felonies (including crimes of violence, drug offenses, sex
   offenses, or burglary) to possess a firearm or carry a concealed weapon.
    Penalties: Imprisonment at hard labor for not less than 5 years nor more than 20 years,
   without benefit of probation, parole, or suspension of sentence, and a fine of $1,000 to
   $5,000.
    Federal vs. State Law: While Louisiana law allows for potential restoration of gun
   rights 10 years after completing your sentence for certain felonies, federal law carries
   no such restoration, effectively imposing a lifetime ban. This means you can still face
   federal charges even if your rights are restored under state law.
    Actual vs. Constructive Possession: Prosecution must prove you had either actual
   possession (on your person) or constructive possession (in an area under your control,
   with knowledge and intent to control it, like a car or home).
2. Illegal Carrying of Weapons (La. R.S. 14:95)
   This statute covers various scenarios where a weapon is carried unlawfully. While permitless
   concealed carry is now allowed for eligible individuals (18+ and not otherwise prohibited), this
   law still applies to:

 Carrying a concealed or open weapon in prohibited locations (see below).
 Carrying a weapon by a person who is otherwise prohibited from possessing one (e.g.,
certain felons, those subject to protective orders).
 Carrying a weapon while committing or attempting to commit a crime of violence or
during the unlawful possession or distribution of a controlled dangerous substance (CDS)

• This carries significantly enhanced penalties (e.g., 1-2 years imprisonment, served
  consecutively to the violent crime, and potentially 20-30 years for repeat drug offenses).

1. Illegal Use of Weapons or Dangerous Instrumentalities (La. R.S. 14:94)
   This charge focuses on the improper or dangerous discharge or use of a firearm or other
   weapon.
    Definition: The intentional or criminally negligent discharging of any firearm, or the
   throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable
   that it may result in death or great bodily harm to a human bein 1 g.
    Penalties:
   o General: Fined up to $1,000, or imprisoned with or without hard labor for not
   more than 2 years, or both.
   o From a Motor Vehicle: Discharging a firearm from a vehicle on a public street
   with intent to injure, harm, or frighten, carries 5 to 10 years imprisonment at hard
   labor.
   o During a Crime of Violence or Drug Offense: Significantly enhanced penalties,
   with mandatory prison time, especially for machine guns or silencers.
2. Illegal Possession of a Firearm on School Grounds (La. R.S. 14:95.6)
   Possession of firearms within a “firearm-free zone” (any school campus and within one
   thousand feet of any such campus, and school buses) is illegal, with limited exceptions.
    Penalties: Up to 5 years in prison. If the firearm is used in a crime of violence, penalties
   adjust to 1 to 5 years in prison and/or up to $2,000 fine.
3. Obliterated Serial Numbers (La. R.S. 14:95.7)
   It is illegal to possess, own, or carry any firearm where the manufacturer’s serial number or other
   identifying mark has been intentionally defaced, altered, removed, or concealed. This is typically
   a felony offense.
4. Theft of a Firearm (La. R.S. 14:67.15)
   The misappropriation or taking of a firearm belonging to another without consent, with the intent
   to permanently deprive the owner.
    Penalties: Vary based on prior offenses, with minimum imprisonment of 2 years without
   benefit of probation, parole, or suspension for a first offense, escalating to 15-30 years for
   a third or subsequent offense.
5. Federal Firearm Charges
   In addition to state laws, you can face serious federal firearm charges. These often involve:
    Possession of a Firearm by a Felon (18 U.S.C. § 922(g)(1)): This is the most common
   federal charge and, as mentioned, applies even if state rights are restored.
    Unregistered Firearms: Possessing machine guns, short-barreled rifles/shotguns, or
   silencers not registered with the ATF.
    Interstate Trafficking of Firearms.
    “Straw Purchases”: Buying a gun for someone who is prohibited from owning one.
   Federal charges often carry much longer mandatory minimum sentences and higher fines than
   state charges.

Prohibited Places to Carry Firearms in Louisiana (Even with Permitless Carry):
Even with Louisiana’s new permitless carry law, there are still many locations where carrying a
firearm is prohibited, whether openly or concealed. These include, but are not limited to:
 Any elementary or secondary school, or school bus.
 The State Capitol building.
 Any meeting place of a governing body of a political subdivision.
 Courthouses and courtrooms (though a judge may carry in their own courtroom).
 Polling places.
 Detention facilities, prisons, and jails.
 Airport terminal buildings.
 Any place of worship or religious building (churches, synagogues, mosques, etc.) unless
authorized by the church and proper notice is given.
 Any parade or demonstration for which a permit is required.
 Any place that sells alcoholic beverages for on-premises consumption (bars, the bar area
of restaurants).
 Any college or university campus (unless explicitly authorized).
Defending Against Firearm Charges in Lake Charles
A firearm charge conviction can devastate your life. Our experienced Lake Charles criminal
defense attorney will meticulously investigate your case to build the strongest possible defense,
which may include:
 Lack of Actual or Constructive Possession: Arguing that the firearm was not on your
person, nor was it under your control or known to you.
 Improper Search and Seizure: Challenging the legality of the police stop, search, or
arrest under the Fourth Amendment.
 Mistaken Identity: You were wrongly identified as the individual in possession of the
firearm.
 Expiration of Prohibition Period (State Law): For felon-in-possession charges,
demonstrating that more than 10 years have passed since the completion of your sentence
(relevant for state charges, but not typically federal).
 Restoration of Rights: Proving that your firearm rights were legally restored through a
pardon or other legal action.
 Justifiable Use/Self-Defense (for Use/Discharge Charges): Arguing that the use of the
firearm was necessary for self-defense or defense of others under Louisiana’s “Castle
Doctrine” or justifiable force laws.
 Challenging Evidence: Scrutinizing forensic evidence, witness testimony, and police
reports for inconsistencies or errors.
 Constitutional Violations: Any infringement on your Miranda rights or other due
process protections.
Why Choose Colonna Law Firm, LLC for Firearm Charges in Lake Charles?
If you are facing firearm charges in Lake Charles, LA, or Calcasieu Parish, the stakes
couldn’t be higher. You need a dedicated legal advocate who understands both Louisiana and
federal gun laws and has the courtroom experience to protect your rights and your future.

The Colonna Law Firm, LLC is ready to provide the aggressive, strategic defense you need.
Contact us immediately for a confidential consultation. Let us fight to protect your Second
Amendment rights and your freedom.