{
 "citation": "14:95.10",
 "heading": "Possession of a firearm or carrying of a concealed weapon by a person convicted of",
 "doc_id": "919556",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=919556",
 "classification": "F",
 "enacted_year": "2014",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "B",
   "text": "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 twenty years without the benefit of probation, parole, or suspension of sentence, and shall be fined not less than one thousand dollars nor more than five thousand dollars.",
   "los_min": "1Y",
   "los_max": "20Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:34.9",
  "14:35.3"
 ],
 "text": "RS 14:95.10\n\n\u00a795.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of\ndomestic abuse battery and certain offenses of battery of a dating partner\n\nA. It is unlawful for any person who has been convicted of any of the following\noffenses to possess a firearm or carry a concealed weapon:\n\n(1) Domestic abuse battery (R.S. 14:35.3).\n\n(2) A second or subsequent offense of battery of a dating partner (R.S. 14:34.9).\n\n(3) Battery of a dating partner when the offense involves strangulation (R.S.\n14:34.9(K)).\n\n(4) Battery of a dating partner when the offense involves burning (R.S. 14:34.9(L)).\n\nB. Whoever is found guilty of violating the provisions of this Section shall be\nimprisoned with or without hard labor for not less than one year nor more than twenty years\nwithout the benefit of probation, parole, or suspension of sentence, and shall be fined not less\nthan one thousand dollars nor more than five thousand dollars.\n\nC. A person shall not be considered to have been convicted of domestic abuse battery\nor battery of a dating partner for purposes of this Section unless the person was represented\nby counsel in the case, or knowingly and intelligently waived the right to counsel in the case;\nand in the case of a prosecution for an offense described in this Section for which a person\nwas entitled to a jury trial in the jurisdiction in which the case was tried, either the case was\ntried by a jury, or the person knowingly and intelligently waived the right to have the case\ntried by a jury, by guilty plea or otherwise. A person shall not be considered convicted of\nR.S. 14:34.9 or 35.3 for the purposes of this Section if the conviction has been expunged, set\naside, or is an offense for which the person has been pardoned or had civil rights restored\nunless the pardon, expungement, or restoration of civil rights expressly provides that the\nperson may not ship, possess, or receive firearms.\n\nD. For the provisions of this Section, \"firearm\" means any pistol, revolver, rifle,\nshotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is\ndesigned to fire or is capable of firing fixed cartridge ammunition or from which a shot or\nprojectile is discharged by an explosive.\n\nE. The provisions of this Section prohibiting the possession of firearms and carrying\nconcealed weapons by persons who have been convicted of the offenses set forth in\nSubsection A of this Section shall not apply to any person who has not been convicted of any\nof the offenses set forth in Subsection A of this Section for a period of ten years from the\ndate of completion of sentence, probation, parole, or suspension of sentence.\n\nActs 2014, No. 195, \u00a71; Acts 2017, No. 84, \u00a71; Acts 2018, No. 367, \u00a71, eff. Oct. 1,\n2018."
}