§95.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of
domestic abuse battery and certain offenses of battery of a dating partner
A. It is unlawful for any person who has been convicted of any of the following
offenses to possess a firearm or carry a concealed weapon:
(1) Domestic abuse battery (R.S. 14:35.3).
(2) A second or subsequent offense of battery of a dating partner (R.S. 14:34.9).
(3) Battery of a dating partner when the offense involves strangulation (R.S.
(4) Battery of a dating partner when the offense involves burning (R.S. 14:34.9(L)).
B. Whoever is found guilty of violating the provisions of this Section shall be
imprisoned with or without hard labor for not less than one year nor more than five years and
shall be fined not less than five hundred dollars nor more than one thousand dollars.
C. A person shall not be considered to have been convicted of domestic abuse battery
or battery of a dating partner for purposes of this Section unless the person was represented
by counsel in the case, or knowingly and intelligently waived the right to counsel in the case;
and in the case of a prosecution for an offense described in this Section for which a person
was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was
tried by a jury, or the person knowingly and intelligently waived the right to have the case
tried by a jury, by guilty plea or otherwise. A person shall not be considered convicted of
R.S. 14:34.9 or 35.3 for the purposes of this Section if the conviction has been expunged, set
aside, or is an offense for which the person has been pardoned or had civil rights restored
unless the pardon, expungement, or restoration of civil rights expressly provides that the
person may not ship, possess, or receive firearms.
D. For the provisions of this Section, "firearm" means any pistol, revolver, rifle,
shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is
designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or
projectile is discharged by an explosive.
E. The provisions of this Section prohibiting the possession of firearms and carrying
concealed weapons by persons who have been convicted of the offenses set forth in
Subsection A of this Section shall not apply to any person who has not been convicted of any
of the offenses set forth in Subsection A of this Section for a period of ten years from the
date of completion of sentence, probation, parole, or suspension of sentence.
Acts 2014, No. 195, §1; Acts 2017, No. 84, §1.