When you have been charged with Possession of Firearm as a Convicted Felon, you need a lawyer that knows its onion to handle your matter because this is a dicey one. It would be a relatively easier case to handle if the firearm was seen in the hands of a first offender than in the hands of a convicted felon. This is why you need a Possession of Firearm by Convicted Felon lawyer in New Orleans to represent you immediately. The federal and state laws have stringent penalties for felons caught committing another crime. The penalties are so stringent that the felon may end up spending long years behind bars, especially when you don’t have a Possession of Firearm by Convicted Felon lawyer in New Orleans like Barkemeyer Law Firm that knows its onion taking care of the case.
According to a ruling by the Louisiana State Supreme Court, it made it known that the penalties for those felons that were caught in Possession of Firearm would be stringent when they are still on creole or probation.
This decision was made to address the question if a felon that had a firearm was against the current amendment to the Louisiana Constitution that had owners of guns being given more rights when compared to other states in the country.
The decision of the court left a bigger question to be answered. What of if the convicted felon was no more on parole or probation, what then?
This means that there is a great chance that the law may end up being challenged in the nearest future. For now, it works and stands.
In the state of Louisiana, under no condition should a person convicted of some felonies be allowed to carry firearms.
Which Convicted Felons Aren’t Allowed to Carry A Firearm
According to the state laws, it is illegal for a person that has been convicted for the following crimes to ever carry a gun.
If you have been convicted of the burglary charge in the past, it is illegal to be caught with a firearm, whether registered or not. The precious felony strips you of the right to such. It doesn’t matter if it was a case of burglary of an uninhabited dwelling or burglary of a pharmacy. It also doesn’t matter if you were physically involved in it, the mastermind or getaway driver.
Felony illegal use of weapons
When you have been convicted of this crime, you aren’t permitted to be caught near a gun. If you are, you need to contact a Possession of Firearm by Convicted Felon lawyer in Orleans immediately. Don’t talk to the authorities because you may end up incriminating yourself and sending yourself to a long period of time behind bars.
Manufacture or possession of a delayed-action incendiary device
When you have been convicted of this crime in the past, there is a great chance that if you are caught with a gun, you will need a Possession of Firearm by Convicted Felon lawyer in New Orleans to represent you. The state of Louisiana is stringent in cases like this, and won’t mind throwing you behind bars for the offense.
A felon that has previously violated the Uniform Controlled Dangerous Substances Law isn’t allowed to be seen with a weapon, be it a registered one or not.
Penalties for This Crime
When found guilty of this, you may be imprisoned for at least ten years, though not more than twenty years. You won’t be able to benefit from parole, probation or suspension of sentence. That’s not all, you may be fined at least a thousand dollars, but it won’t be above five thousand dollars.
Those felons that have not committed any crime for at least ten years may be allowed to carry a registered weapon. They won’t have to face similar outcomes to those fresh out of prison for a felony charge.
When we talk about the firearm, we are speaking of a revolver, pistol, machine gun, rifle, sub-machine gun, shotgun, assault rifle or black powder weapon, that was created to be fired.
When you are on probation for a felony, and you are caught with a firearm, there is a great chance that you may end up behind bars. What can be your defense? You can claim that you didn’t know of its existence, especially when it wasn’t caught on you, but in a home, you share with others or a car with other passengers.
The attorney can go ahead to look at the case to see if there was anyone nearby that could have planted it on you. The fact that you are a felon doesn’t mean you don’t have rights.
Was there a search warrant to search you? This is a question that should be asked, especially when you haven’t been convicted of a felony that involves drugs or possession of firearms. Why were you searched? If the felony you were once convicted of didn’t involve gun possession or drugs, and you were searched without a warrant, there must be a cogent probable cause.
Officers can’t merely storm into your apartment without the needed warrant to search your home. Did you give them permission to search your home? You have the right to agree to the searching of your home or not, especially when you haven’t committed a crime of felony in at least ten years. If you do not agree to this search, and there was no warrant, nor was there any tangible reason, the evidence gotten may not be used in court against you. We understand that some officers are overzealous, wanting to make a kill, and we can use that to our advantage.
Are you a convicted felon and have been arrested for possession of a firearm, it is important that you get a Possession of Firearm by Convicted Felon lawyer in Orleans like Barkemeyer Law Firm that knows the Louisiana laws thoroughly to defend you. Contact us today. We will love to hear from you.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170