Firearms Charges Defense Attorney in Lake Charles, Louisiana

A Gun in the Car, a Prior Conviction, and Now a New Felony

Maybe it was a traffic stop on I-10 and the officer found a firearm in the vehicle. Maybe it was a weapon on your person that you didn’t think twice about carrying. Maybe you have a prior felony conviction from years ago, and you didn’t realize — or you forgot — that it permanently changed your legal right to possess a firearm in Louisiana. Whatever the circumstances, a firearms charge in Louisiana is rarely treated as minor, and a felon in possession charge specifically carries some of the harshest mandatory penalties in the entire Louisiana criminal code.

Louisiana takes a complicated, often misunderstood approach to firearms law. Louisiana is generally a permissive state when it comes to lawful firearm ownership and concealed carry — but the exceptions are severe, and the line between lawful possession and a felony charge depends on facts that are not always obvious to the person who crosses it. A prior felony conviction, a protective order, certain misdemeanor convictions, and the location or manner of carrying a weapon can all transform an otherwise lawful firearm into the basis for a serious criminal charge.

I have defended firearms cases at the 14th Judicial District Court for over 17 years. I know how these cases are built from a traffic stop or a search, I know where the constitutional vulnerabilities are, and I know how Louisiana’s firearms statutes actually apply to the facts of a specific case — not the general assumptions most people carry into a charge like this.

If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.

Felon in Possession of a Firearm — La. R.S. 14:95.1

Possession of a firearm by a person convicted of certain felonies is one of the most aggressively enforced and harshly punished offenses in Louisiana. Under La. R.S. 14:95.1, a person convicted of an enumerated felony — including crimes of violence, certain drug offenses, and other specified crimes — is prohibited from possessing a firearm for ten years from the date of completion of sentence, probation, or parole. A violation is a felony carrying 5 to 20 years at hard labor without benefit of probation, parole, or suspension of sentence, and a mandatory minimum fine of $1,000.

This charge is frequently added on top of another charge — a drug arrest, a domestic violence call, a traffic stop — when a firearm is found and the person has a qualifying prior conviction. Many clients are genuinely unaware that their specific prior conviction triggers this prohibition, or that the ten-year clock and its starting point are more complicated than they assume. I evaluate the qualifying prior conviction, the timing of the prohibition period, and the circumstances of possession in every felon in possession case.

Illegal Carrying of Weapons — La. R.S. 14:95

Illegal carrying of weapons covers a range of conduct, including carrying a concealed weapon without a valid permit in circumstances that require one, carrying a firearm while in possession of a controlled dangerous substance, and carrying a firearm at specified prohibited locations. The classification and penalty depend heavily on the specific circumstances — simple illegal carrying is generally a misdemeanor, but illegal carrying with a controlled dangerous substance is a felony carrying significantly enhanced penalties.

Louisiana’s concealed carry permitting law has evolved significantly in recent years, and I evaluate every illegal carrying charge against the current state of the law to determine whether the conduct alleged actually constitutes a violation given the permitting framework in place at the time of the charge.

How Firearms Charges Arise from Other Cases

Firearms charges in Calcasieu Parish frequently arise as an add-on to another charge rather than as a standalone investigation:

• Traffic stops along I-10 and local roadways where a firearm is discovered during a search of the vehicle
• Domestic violence calls where a firearm is present in the home, triggering both Gwen’s Law bond considerations and potential firearms charges
• Drug arrests where a firearm is found in proximity to controlled substances, triggering enhanced illegal carrying charges
• Searches incident to arrest on unrelated charges that reveal a firearm and a disqualifying prior conviction

Because these charges frequently arise from a search, the legality of that search — whether it was supported by probable cause, a valid warrant, or a recognized exception to the warrant requirement — is often the central defense issue. A firearm discovered through an unconstitutional search may be suppressed, which can eliminate the firearms charge entirely.

Defenses to Firearms Charges in Louisiana

• Unlawful search and seizure — challenging the constitutionality of the stop, search, or seizure that led to the discovery of the firearm
• Lack of knowledge or constructive possession issues — in cases involving shared vehicles or residences, the State must prove the defendant knowingly possessed the firearm
• Disputing the qualifying prior conviction — in felon in possession cases, whether the specific prior conviction actually qualifies under La. R.S. 14:95.1 is sometimes contestable
• Expired prohibition period — if the ten-year prohibition period under La. R.S. 14:95.1 has run, possession may no longer be unlawful
• Valid permit or exception — in illegal carrying cases, a valid concealed carry permit or applicable statutory exception is a complete defense

I have handled firearms cases at the 14th JDC ranging from misdemeanor illegal carrying to felon in possession charges carrying mandatory minimum sentences. I handle every case personally from the first consultation through trial or resolution.

Why Hire Jacob Colonna for a Firearms Charge in Lake Charles?

Nobody hires me when they’re having a great day. A felon in possession charge carries a mandatory minimum sentence at hard labor without benefit of parole, probation, or suspension of sentence — meaning a conviction guarantees real prison time with no judicial discretion to suspend it. These are not cases to take lightly, and the constitutional issues around the search that led to the discovery of the firearm are often the most important part of the defense.

Louisiana firearm laws are unforgiving. Whether you are facing a charge under R.S. 14:95.1 as a convicted felon or under R.S. 14:95.10 due to a prior domestic battery conviction, the stakes include mandatory prison sentences with no possibility of parole. My strategy in these cases is twofold: first, I scrutinize the state’s ‘possession’ theory to determine if they can actually prove you had control over the weapon; second, I challenge the constitutional validity of the stop or search that led to the discovery of the firearm. In Calcasieu Parish, a firearm charge is not a ‘wait and see’ situation—it is a race to suppress the evidence before the prosecution solidifies their case.

I have practiced at the 14th Judicial District Court in Calcasieu Parish for more than 17 years. I evaluate the legality of every search in every firearms case, I challenge the State’s proof of the qualifying prior conviction in felon in possession cases, and I know where the vulnerabilities typically are. The attorney you meet at the consultation is the attorney who appears in court.

Frequently Asked Questions