Jefferson Parish Firearm and Weapons Defense Lawyer

A firearm charge can place your freedom, criminal record, and right to possess a weapon at risk. These cases often involve complicated questions concerning possession, constitutional searches, prohibited locations, prior convictions, and the alleged connection between a firearm and another criminal offense.

At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have extensive experience defending clients accused of firearm and weapons offenses in Jefferson Parish. They examine how the firearm was discovered, whether the search was lawful, whether the accused knowingly possessed the weapon, and whether the prosecution can prove every element of the offense.

If you are under investigation or have been arrested for a firearm offense, obtaining legal advice promptly can help protect your rights and prevent statements or decisions that may damage your defense.

Firearm and Weapons Charges in Jefferson Parish

Louisiana law recognizes many different firearm and weapons offenses. Some concern who may legally possess a firearm. Others involve where or how a weapon was carried, whether it was discharged, or whether prosecutors claim it was connected to another crime.

Common charges may include:

• Illegal carrying of a weapon under prohibited circumstances
• Possession of a firearm by a person convicted of certain felonies
• Possession of a firearm while possessing or distributing a controlled dangerous substance
• Illegal use or discharge of a firearm
• Aggravated assault with a firearm
• Possession of a firearm in a prohibited location
• Possession of a firearm with an obliterated serial number
• Illegal possession of a handgun by a juvenile
• Possession of a stolen firearm
• Supplying a firearm to a prohibited possessor
• Firearm violations involving protective orders
• Weapons offenses arising from domestic violence allegations

The seriousness of a firearm charge depends on the particular statute, the accused person’s criminal history, how the firearm was allegedly used, and whether another offense is also charged.

Louisiana Permitless Concealed Carry

Since July 4, 2024, Louisiana law generally allows a person who is at least 18 years old to carry a concealed handgun without obtaining a concealed handgun permit, provided that the person is not prohibited from possessing a firearm under state or federal law.

Accordingly, the absence of a concealed-handgun permit does not, by itself, establish the crime of illegal carrying of a weapon.

Permitless concealed carry does not mean that every person may carry a firearm in every location or under every circumstance. A firearm charge may still arise when:

• The person is prohibited from possessing a firearm because of a qualifying conviction, protective order, or another state or federal restriction
• The firearm is carried in a prohibited location
• The person is under the influence of alcohol or a controlled substance
• The firearm is possessed during certain drug offenses or crimes of violence
• The weapon is carried or used in a criminally negligent manner
• The firearm has an obliterated serial number
• Another specific statutory prohibition applies

A person carrying under Louisiana’s permitless-carry law remains subject to many of the same location and conduct restrictions that apply to concealed-handgun permit holders.

Whether concealed carrying is lawful therefore depends on the person’s legal status, the location, the manner of carrying, and the surrounding circumstances.

Possession of a Firearm by a Person Convicted of Certain Felonies

Louisiana Revised Statutes 14:95.1 prohibits a person convicted of certain designated felonies from possessing a firearm or carrying a concealed weapon during the statutory restriction period.

The law does not apply to every prior felony in exactly the same manner. It applies to specified offenses, including certain crimes of violence, burglary offenses, felony drug offenses, sex offenses, and attempts to commit designated crimes.

To obtain a conviction, the prosecution must prove that:

• The accused had a qualifying prior conviction
• The accused knowingly possessed the firearm or carried the concealed weapon
• The statutory restriction period had not expired
• The person had not otherwise regained the legal right to possess the firearm

A conviction under this statute carries serious mandatory penalties, including imprisonment at hard labor and a substantial fine.

The state-law prohibition generally does not apply when ten years have passed since completion of the sentence, probation, parole, or suspension of sentence and the person has not been convicted of another felony during that period. Other state or federal firearm restrictions may still require separate analysis.

Actual and Constructive Possession

The prosecution does not always claim that the firearm was found directly on the accused person. It may rely on a theory of constructive possession.

Constructive-possession allegations often arise when a firearm is discovered:

• Inside a vehicle occupied by several people
• In a shared residence
• In a bedroom or common area
• In another person’s bag or container
• Near other property allegedly belonging to the accused

The presence of a firearm nearby does not automatically establish knowing possession. Relevant questions include who owned the firearm, who controlled the location, whether others had access, and whether the accused knew the firearm was present.

Possession of a Firearm While Possessing a Controlled Dangerous Substance

Louisiana Revised Statutes 14:95(E) prohibits possessing, using, or having immediate control over a firearm or other dangerous weapon while:

• Committing or attempting to commit a crime of violence
• Unlawfully possessing a controlled dangerous substance, except for possession of 14 grams or less of marijuana
• Unlawfully selling or distributing a controlled dangerous substance

A first conviction carries five to ten years at hard labor without benefit of probation, parole, or suspension of sentence and a fine of up to $10,000.

The firearm does not become lawful for purposes of this offense merely because it was legally purchased or otherwise legally owned. However, the prosecution must still prove the required elements involving the accused, the firearm, and the underlying criminal conduct.

Important defense issues may include:

• Whether the accused knowingly possessed the firearm
• Whether the accused knowingly possessed the controlled substance
• Whether the firearm was under the accused person’s immediate control
• Whether other occupants had equal access to the firearm or drugs
• Whether the underlying drug charge can be proven
• Whether police conducted a lawful stop and search
• Whether the evidence was properly seized and preserved

These cases frequently arise from searches of vehicles and residences and often involve disputed claims of constructive possession.

Illegal Use or Discharge of a Firearm

Louisiana law prohibits the intentional or criminally negligent discharge of a firearm when it is foreseeable that the conduct may result in death or great bodily harm.

More severe penalties may apply when a firearm is discharged:

• From a motor vehicle on a public street or highway with the intent to injure, harm, or frighten another person
• During a crime of violence
• During a violation of Louisiana’s controlled-substance laws
• Under circumstances creating a substantial danger to another person

The specific charge may depend on where the firearm was discharged, the accused person’s intent, whether anyone was endangered or injured, and whether another criminal offense is alleged.

Potential defenses may include accident, lack of criminal negligence, mistaken identification, self-defense, defense of another person, or insufficient evidence concerning who fired the weapon.

Aggravated Assault with a Firearm

Under Louisiana law, an assault is generally an attempt to commit a battery or the intentional placing of another person in reasonable apprehension of receiving a battery.

Aggravated assault with a firearm is an assault committed with a firearm. Physical injury is not required. Prosecutors may attempt to prove the offense through testimony that the accused pointed, displayed, or used a firearm in a manner that intentionally placed another person in reasonable fear of being harmed.

These cases often depend on:

• Conflicting witness accounts
• Surveillance or cellphone video
• Body-camera recordings
• Statements made at the scene
• The manner in which the firearm was displayed
• Whether the accused acted intentionally
• Whether the accused acted in lawful self-defense

A conviction may result in imprisonment, a substantial fine, or both.

Firearms in Prohibited Locations

Even when a person may otherwise lawfully possess or carry a firearm, Louisiana law restricts weapons in certain locations.

Depending on the circumstances, prohibited or restricted locations may include:

• Courthouses and courtrooms
• Jails, prisons, and detention facilities
• Law-enforcement offices, stations, and buildings
• The State Capitol
• School campuses and school buses
• Certain establishments serving alcoholic beverages
• Other locations restricted by state or federal law

A concealed-handgun permit or Louisiana’s permitless-carry law does not necessarily authorize carrying in a prohibited location.

Firearms with Obliterated Serial Numbers

Louisiana law prohibits certain conduct involving a firearm from which the serial number or identifying mark has been obliterated.

The prosecution must prove the statutory elements, including the accused person’s possession or other prohibited conduct involving the firearm.

Relevant defense issues may include:

• Whether the accused knew the serial number was altered
• Whether the firearm belonged to another person
• Whether the accused possessed or controlled it
• Whether the item falls within a statutory exception
• Whether the search that uncovered the firearm was lawful

Firearm Restrictions Resulting from Protective Orders

A domestic violence arrest or protective-order proceeding may result in restrictions on firearm possession.

When a qualifying protective order is issued, the court may require the person subject to the order to transfer firearms to the sheriff or to a legally qualified third party. The court may also require disclosure of the number, type, and location of firearms and may suspend a concealed-handgun permit.

Failure to comply with a firearm-transfer order may result in contempt, revocation of bond, or additional criminal consequences.

Marino & Ehle, LLC represents clients at Gwen’s Law hearings and other proceedings in which bail conditions, protective orders, and firearm-transfer requirements may be imposed.

Firearm Charges Arising from Traffic Stops

Many firearm prosecutions begin with a traffic stop rather than an investigation focused on weapons.

Important questions may include:

• Did the officer have lawful grounds to stop the vehicle?
• Was the stop extended beyond the time reasonably necessary?
• Did the officer have probable cause to search?
• Was consent to search freely and voluntarily given?
• Did the person who consented have authority over the vehicle or container?
• Was the firearm visible, concealed, or discovered only after a search?
• Who owned the firearm?
• Where was it located?
• Were several people inside the vehicle?
• Did the accused make statements before receiving proper warnings?

If a firearm was obtained through an unconstitutional stop or search, the defense may file a motion to suppress the evidence.

Self-Defense and the Lawful Use of a Firearm

The fact that a firearm was displayed or discharged does not necessarily mean that a crime occurred.

Louisiana law recognizes the right to use reasonable force, including deadly force in qualifying circumstances, when a person reasonably believes it is necessary to protect against imminent death or great bodily harm.

A self-defense investigation may require careful examination of:

• Who initiated the confrontation
• Threats or aggressive conduct before the firearm was used
• Differences in size, strength, or numbers
• Whether the accused was struck, cornered, or otherwise placed at a disadvantage
• The distance between the parties
• Available video or audio evidence
• Injuries to the accused
• Statements made by witnesses
• The accused person’s knowledge at the time force was used
• Whether the perceived danger was imminent

The reasonableness of the person’s actions must be evaluated from the circumstances as they appeared at the time, rather than solely through hindsight.

How Marino & Ehle Defends Firearm Cases

A firearm prosecution may involve constitutional law, forensic evidence, witness credibility, statutory restrictions, and serious sentencing consequences.

At Marino & Ehle, LLC, we examine:

• The legality of the initial stop or detention
• Search warrants and warrant affidavits
• Consent to search
• Body-camera and surveillance recordings
• Ownership and purchase records
• Fingerprint or DNA testing
• Ballistics and firearm examinations
• Actual and constructive possession
• Prior-conviction records
• Whether a statutory restriction period had expired
• Protective orders and firearm-transfer documents
• Statements attributed to the accused
• Whether the firearm was connected to another alleged offense
• Possible self-defense or defense-of-others claims

Joseph A. Marino III and Davidson S. Ehle III prepare firearm cases with the possibility of trial in mind. When the prosecution cannot prove knowing possession, a lawful search, a qualifying prior conviction, or another essential element, the defense should identify and challenge that weakness.

Choosing a Jefferson Parish Firearm Defense Lawyer

When selecting an attorney to defend a firearm charge, relevant questions include:

• Does the attorney have significant criminal jury-trial experience?
• Has the attorney defended felony firearm and weapons charges?
• Has the attorney litigated motions to suppress evidence?
• Does the attorney understand actual and constructive possession?
• Has the attorney handled cases involving firearms and controlled substances?
• Can the attorney evaluate self-defense claims?
• Will the attorney personally review the evidence and appear in court?

At Marino & Ehle, LLC, clients receive direct attorney access, a detailed review of the evidence, strategic defense planning, and experienced courtroom representation.

Contact a Jefferson Parish Firearm Defense Lawyer

A firearm conviction can affect freedom, employment, professional licensing, housing, and the ability to legally possess a weapon.

If you are under investigation or have been arrested for a firearm or weapons offense in Jefferson Parish, avoid making statements about the facts of the case before obtaining legal advice.

Attorneys Joseph A. Marino III and Davidson S. Ehle III defend clients accused of serious firearm and weapons offenses throughout Jefferson Parish.

Contact Marino & Ehle, LLC for a confidential consultation. When your freedom and firearm rights are at stake, experience matters.