Louisiana Revised Statute 14:95.10 creates gun restrictions and loss of gun rights (Second Amendment Rights) in Louisiana for anyone convicted of domestic abuse battery in the last 10 years. This includes misdemeanor convictions. This statute is also known as the Susan “Pixie” Gouaux Act.
This offense is titled 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. This law restricts guns rights for anyone convicted of domestic violence. It states in pertinent part:
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)).
Definitions
“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.
Penalty
Whoever is found guilty of violating the provisions of this Section shall be imprisoned with or without hard labor for not less than 1 year nor more than 20 years without the benefit of probation, parole, or suspension of sentence, and shall be fined not less than $1,000 dollars nor more than $5,000 dollars.
A person cannot be found guilty of this offense if the original domestic battery conviction has been set aside, expunged or 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.
The statute applies to anyone who has been convicted of domestic abuse for a period of 10 years from the date of completion of the sentence, probation, parole or suspended sentence.
Noteworthy
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.
Federal Laws
The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. § 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm.
This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms.
The prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law’s effective date, September 30, 1996.
LEGAL ASSISTANCE
Our New Orleans Domestic Violence Attorney, Elizabeth B. Carpenter, has years of experience with domestic battery cases in the state of Louisiana. We believe that everyone should have the opportunity to be heard and tell their story. Contact our New Orleans law firm to discuss your case in a confidential environment and get started on your defense.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, State, and Federal statutes for the most recent laws and to consult a Louisiana licensed attorney.