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Rs 14:95.10 Possession Of A Firearm Or Carrying Of A Concealed Weapon By A Person Convicted Of Domestic Abuse Battery

§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.

14:34.9(K)).

(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.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
convicted
battery
offense
firearm
weapon
concealed
partner
dating
case
domestic