Louisiana Jury Instruction - Possession Of Firearm By A Convicted Felon
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FAQ
§ 922(g). [1] Section 922(g) prohibits certain persons from shipping, transporting, possessing, or receiving a firearm or ammunition while subject to a prohibition from doing so most commonly because of a prior conviction for a felony offense.
Felon in possession of firearm or guns is serious because the penalties are so severe. If convicted, the defendant must be imprisoned at hard labor for 5-20 years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.
Normally, an expungement of the arrest and conviction does not restore gun rights, and the 10-year cleansing period applies even after an expungement is granted. Further, under penalty of federal law, any Louisiana felony conviction usually permanently bars you from purchasing or possessing a firearm.
The average sentence for all felon in possession of a firearm offenders was 64 months. The average sentence for offenders convicted of violating only section 922(g) and under ACCA was 186 months. The average sentence for offenders convicted of violating only section 922(g) but not sentenced under ACCA was 59 months.
In 2021, the Louisiana legislature changed the law to allow people with felony convictions to serve on juries as long as they have been off of probation or parole for five years, and are not under indictment.
A term of up to three (3) years in a state prison;[27] OR, A fine of up to $1,000; OR, Both imprisonment and a fine.
Generally, the minimum sentence is five years in prison, but it can be as high as 10 years. If you are facing federal gun charges, it is important to speak with an experienced criminal defense lawyer who can help you navigate the complex legal system and protect your rights.
Unlawful possession of a firearm crime is punishable as follows: Class A Misdemeanor ? Up to one year in jail and/or a fine of up to $4,000. Third-Degree Felony ? Up to 10 years in prison and/or a fine of up to $10,000.