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Criminal Law Gun Charges

Can Gun Charges Be Dropped?

Can Gun Charges Be Dropped

If you are wondering, “can gun charges be dropped?”, this post will explain everything you need to know. In the event of being charged with anything related to guns and weapons, there are a few things to keep in mind.

Different states have different laws regarding gun charges. In this post we will go over the in’s and out’s of the law out here in Louisiana.

Gun charges can be dropped, however, every case is different. See how.

In A Bind And Wondering If Gun Charges Can Be Dropped?

“Can gun charges be dropped?” is one of the most commonly asked questions regarding criminal lawsuits in the united states. For as long as citizens had the right to bear arms, citizens’ had regulations to follow.

Gun laws are tricky because they are so variable throughout the states. States like Louisiana allow residents to purchase a firearm without an issued permit, whereas states like Illinois require you to receive additional identification just to own a firearm. This variability causes a lot of ambiguity when individuals travel and/or move from state to state while carrying a firearm.

If you need to know how and when gun charges can be dropped, stay right where you are and keep reading. You may also need to contact a gun charge defense lawyer to help you with your case if your charges are combined with assault charges or another crime. But with the help of a skilled criminal defense attorney your charges could certainly be dropped!

Leading Causes For Gun Charges

Gun charges are very serious criminal offenses. Gun charges can be brought upon individuals for carrying without proper permitting, transporting a firearm incorrectly, and illicit use. In addition, being involved in another crime along with your gun charges can complicate the situation. If you are arrested for drug charges and are also carrying a weapon, this could make charges more severe.

Because gun laws fluctuate from state to state, it can be hard to discern where and how you can carry a firearm throughout the United States. Louisiana, for one, is an open-carry state. This means that in cities like New Orleans and Shreveport, residents of age can purchase firearms but are not permitted to conceal them without proper licensing.

People under the age of 17 can not possess handguns with a few exceptions. You can be in possession if you are hunting and have a valid hunting license or if you are at a designated range. Outside of these circumstances, those under the age of 17 can not carry a firearm. This can often be trouble when minors are transporting their firearms without the proper paperwork.

Another leading cause that brings gun charges against residents is illicit use. This does not necessarily mean shooting someone or murder charges. However, that in itself is a much more serious situation. Illicit could include:

  • Target practice shooting within range of others
  • Hunting without licensing
  • Using the firearm to insinuate threats
Barkemeyer Law Firm criminal lawyers of New Orleans can often get charges dropped!

The First Thing You Should Do

If you find yourself in a situation where you are in possession of a gun and are being accused of wrongly carrying or using it, the first thing you need to do is be safe. Being confronted by law enforcement can be quite volatile. It is important to announce the fact that you are carrying so that you can help law enforcement feel safe and consequently avoid any escalation of the matter. From there on, it is important to provide identification and any significant papers you may have that permits you to be carrying the way you are. This means hunting permits and concealed carry permits.

If charges are still brought against you, exercise your right to remain silent until you have proper representation. Gun charges are extremely serious and in order to strengthen your chances to get your charges dropped, you must remain calm and refrain from divulging unnecessary information.

Asking For Help

Asking for help is something every individual could benefit from. With the right help, gun charges can definitely be dropped. After criminal charges are brought against you, enlisting the help of a professional defense lawyer can mean the difference between spending time behind bars and having your case dismissed completely. Law offices, like the Barkemeyer Law Firm of New Orleans, specialize specifically in criminal law. Gun charges are one of the many cases they have extensive experience in and they have covered thousands of cases. This is one law firm that has demonstrated, again and again, that reaching out for a helping hand is the right choice. They have real testimonies from past clients preaching their professionalism and thanking them for getting their cases dismissed.

Following Through

After charges are pressed and a professional lawyer is contacted, it is crucial to trust your lawyer and follow the necessary steps to see your charges dismissed. This means telling your lawyer everything. In order for your lawyer to work as efficiently as he/she can, it is crucial that they are aware of every aspect of your case. Most lawyers will accept your case when they feel they can successfully negotiate favorable terms. In order to help your lawyer help you, disclose all the information you have and follow the instructions they give you.

Get Your Gun Charges Dropped

Gun charges can be dropped, but it is no easy feat. To efficiently work towards a dismissal of gun charges, you will need to reach out to a professional criminal defense lawyer. Barkemeyer Law Firm’s criminal defense attorneys of New Orleans are exemplary and have extensive experience in criminal law, and more specifically, gun charges. With the right help, you will have a fighting chance to get your gun charges dropped. Next time someone asks you, “Can gun charges be dropped?” you can say confidently that there is hope with help.

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Gun Charges

Can I Carry A Gun In Louisiana

Can I carry a gun in Louisiana?

Gun carry in Louisiana including open carry and concealed carry.

Firearms laws differ from state to state and even between cities. The state of Louisiana has gun laws that are specific to its state. When the question arises if someone can carry a gun in Louisiana, the answer is a resounding, it depends on who is asking the question and how they plan to carry the weapon.  It’s important to understand all of the facts so you don’t get caught up in gun charges for your actions.

In this article, we have broken down the answers to this question to help you understand who, how, and when you are allowed to carry a gun in Louisiana. When visiting cities like Shreveport, New Orleans, and others here is what you need to know about carrying a gun in Louisiana. 

carrying a gun in New Orleans Louisiana: what you need to know
Gun charges in Louisiana can carry a hefty penalty

Concealed Handgun Carry for Residents of the State

We will get to citizens of other states visiting Louisiana, but for now, let’s discuss concealed carry for state citizens. To carry a concealed firearm as a citizen of the state of Louisiana you must first possess a concealed handgun permit, as explained by New Orleans criminal defense attorney Barkemeyer Law Firm

This permit has requirements such as: 

  • Be at a minimum of 21 years old
  • Pass a firearms training course
  • Pass a background check
  • Be a full-time resident (six months minimum), or military personnel stationed in Louisiana

As long as the applicant meets these requirements and pays any required fees, they are able to carry a concealed handgun on their person. Permits are good for five years and require a renewal to continue after the five year period.

Out Of State Residents and Concealed Handgun Carry

Non-residents of the state of Louisiana are not allowed to receive a concealed carry permit. They are, however, allowed to carry if they have a permit from the state they reside in and Louisiana has an agreement with that state to allow their permit holders to conceal carry in the state of Louisiana. 

People who are allowed to use their non-resident to conceal carry are required to follow all the laws and regulations of Louisiana and not those of their own state. 

Open Carry of Firearms

Outside of concealed handgun permits, it is legal to openly carry a firearm in the state of Louisiana. This means that as long as you have a firearm in plain view, you are allowed to carry it within non-restricted areas. There are no permits required for the open carrying of a gun. Once you conceal a handgun inside clothing, etc, you are no longer open carrying and required to have a permit. 

Restrictions for Concealed Carry Permitted or Open Carry

Whether you have a concealed handgun permit or are planning to open carry, there are some restrictions in the state on where you can have a gun in your possession. Below are a few places that you are not authorized to carry even with a permit as explained by Shreveport criminal defense lawyer, Carl Barkemeyer.

  • Prison or jail
  • A courthouse
  • A building being used to cast votes
  • The state capital building
  • A law enforcement office
  • Where prohibited by federal law within airports
  • Any place of worship
  • A permitted parade
  • School firearm free zones
  • Establishments that are licensed to sell and have alcohol consumed onsite

Private companies can also forbid firearms on their premises. This is enforced as a trespassing charge if the person carrying disobeyed the private owner’s rules after notice. If you see a sign forbidding firearms onsite or are asked to leave the premises due to carrying a gun on private property, leave the premises immediately. 

Carrying a Gun in a Car

As in other states, it is legal to carry a firearm in your vehicle in the state of Louisiana since your automobile is considered an extension of your home. Take care however as issues such as having a felony conviction and others can have a bearing on possession even in your own vehicle. Also, vehicles such as public transportation and taxis are not considered an extension of our home. 

Local Ordinances and Carrying a Gun

Each municipality and parish will have its own local ordinances for firearm restrictions. However, as of now, state laws supersede and ordinances unless they were created prior to 1985, as those have been grandfathered into the current law. It is up to the person carrying a gun to understand if any local ordinances are in place where they plan to carry a firearm. 

Arrest For Carrying a Gun

Simply because there are laws in place to protect persons who carry guns does not mean you will not ever have an issue with law enforcement. This is why it is important to have attorneys available to you if you find yourself arrested while carrying a firearm and facing gun charges. 

How does this happen? Being arrested for carrying a gun can occur for a variety of reasons. 

  • The police officer is not properly trained
  • You made a mistake and forgot to remove your gun before entering a restricted area
  • There is a local ordinance you were not aware of
  • You did not fully understand all of the restricted areas you cannot carry
  • And others

The point is, at some point, you could find yourself charged with carrying or trespassing. If this happens, you should contact a defense attorney who is experienced in both open carry and open carry laws and requirements of Louisiana. 

What to Do If Arrested for a Gun Related Charge in Louisiana

Other than contacting an attorney, there is one for sure thing that you cannot do when arrested for carrying a gun. Do not argue or fight with the arresting officer. You can have your day in court, and an experienced attorney will defend your rights.

Be aware that charges may be complicated if you are arrested for assault or drug related charges. However, a skilled criminal defense attorney can always make the situation better.

Even if the arrest is illegal you can still be charged with assaulting an officer if you fight back. Remain calm, cooperate and let your attorney fight the charges for you. 

In Conclusion

The state of Louisiana has several options for carrying a gun within the state. Whether you are a resident or not, there are ways that allow you to arm yourself as long as you follow any state and local restrictions legally placed upon you. If you do find yourself in trouble on a gun charge, make sure you contact an attorney who will defend your case professionally and effectively. 

Barkemeyer Law Firm is a criminal defense attorney committed to helping you with your case. We hope you now understand everything you wanted to know about your question, “Can I carry a gun in Louisiana?” and ask you to reach out at any time.