At Crescent City Law, we believe your constitutional rights should never be treated like optional guidelines. Our criminal defense team in New Orleans, led by seasoned advocate, John Radziewicz, is passionate about protecting your freedom, especially when it comes to law-abiding gun owners. If you’ve been stopped or searched for carrying a firearm, contact us today.

A recent federal court ruling makes it clear: just because you’re carrying a gun does not mean you’re breaking the law. And it absolutely doesn’t give police the green light to stop or search you without specific cause.

A Groundbreaking Ruling: United States v. Wilson

On July 17, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled in United States v. Damion Wilson (No. 23-30777, 5th Cir. 2025), and the message was clear: carrying a firearm is not a crime.

In fact, the court said, emphatically, that police cannot stop someone just because they’re carrying a gun because there is a presumption that possession of a firearm under Louisiana law is legal! That means officers need more than just the sight of a firearm to legally conduct a stop.

Why This Ruling Matters in Louisiana

Here in Louisiana, we have some of the most permissive gun laws in the country. Many residents legally carry firearms, openly or with a concealed carry permit under La. R.S. § 40:1379.3. But despite those rights, law enforcement has long treated gun possession as a red flag.

The Wilson ruling changes that. It confirms that:

• There’s no automatic presumption of criminal activity just because someone has a gun.
• Second Amendment rights matter, and the our lawyers will defend them in court.
• Terry stops require more, officers need specific, reasonable suspicion of actual criminal behavior, not just “I saw a gun.”

What Is a Terry Stop?

A “Terry stop” comes from the 1968 U.S. Supreme Court case Terry v. Ohio. Terry allows police to briefly stop and investigate someone if they have reasonable, articulable suspicion that the person is involved in a crime.

But Wilson makes one thing clear: just carrying a firearm doesn’t create reasonable suspicion that someone is committing a crime..

That means officers can’t just pull you over or stop you on the street because you’re armed. They need something more, some behavior or context that points to actual criminal activity.

What the Court Got Right

Whether you’re a concealed carry permit holder, a hunter, or just exercising second amendment right to lawfully carry a gun, this ruling affirms what many Louisianans already know: being armed doesn’t mean you’re dangerous.

Here’s what Wilson reminds us:

• Carrying a gun ≠ suspicion: Police can’t assume you’re doing something wrong just because you’re armed.
• Reasonable suspicion must be based on your actions: “Looking nervous” or having a gun-shaped bulge in your shirt or waistband isn’t enough.
• You still have rights, even during a stop: You’re protected by the Fourth Amendment (freedom from unreasonable searches), the Second Amendment (right to bear arms), and the Fifth Amendment (right to remain silent).

In Wilson, the stop was ultimately allowed, but not because the defendant was carrying a gun. There were other specific reasons, including his behavior and statements during the encounter. That part of the case doesn’t change your rights, it just shows that context matters.

The big takeaway? If the only reason for a stop is that you’re armed, it’s likely unconstitutional.

How Crescent City Law Builds Your Defense

If you’ve been stopped, searched, or charged after legally carrying a firearm, we dig deep to protect your rights. We use our 6-Factor Defense Test™ to challenge everything from the legality of the stop to how the evidence was gathered.

The Crescent City Law 6-Factor Defense Test™

1. Legality of the Stop

Was there real, articulable suspicion, or did they just see a gun? If it’s the latter, we’ll push to get the stop thrown out.

1. Scope of the Detention

Did the stop escalate into a full-blown search or lengthy interrogation? We check whether it went beyond the limits allowed under Terry.

1. Probable Cause to Search

Did police search your bag, car, or body without a warrant or valid reason? If so, that evidence may be suppressible.

1. Constitutional Rights Check

We’ll review the encounter for violations of your rights under the Fourth, Fifth, and Second Amendments.

1. Louisiana Law Compliance

Did the officers understand and follow Louisiana’s gun statutes, like La. R.S. § 40:1379.3? We’ll hold them accountable if they do not.

1. Chain of Evidence & Procedure

We look at how evidence was gathered and whether proper legal procedures were followed from start to finish.

Too often, people are told, “If you’ve got nothing to hide, you’ve got nothing to worry about.” But that’s not how rights work. You don’t lose your constitutional protections just because you’re carrying a legal firearm.

If you’ve been stopped, searched, or arrested for legally carrying a firearm, our attorneys at Crescent City Law are experienced in these types of cases and are ready to fight back on your behalf.

Contact Our Weapons Charges Lawyer at Crescent City Law Today

At Crescent City Law, we don’t just know your rights, we fight for them. Attorney John Radziewicz and our team take every case personally. Whether you were stopped for legally carrying a gun or charged with a firearm-related offense, we’re ready to push back and protect your freedom.

Because carrying a firearm legally shouldn’t make you a suspect; and your rights deserve to be defended loudly, proudly, and in court. Contact us at 504-264-9492 today.

FAQs

Can police stop me in Louisiana just for carrying a firearm?

No. Under United States v. Wilson and Louisiana law, police cannot stop you solely for carrying a firearm, even if it’s concealed under a valid permit.

What is considered a lawful firearm in Louisiana?

You can lawfully carry a firearm if you comply with laws under La. R.S. § 40:1379.3 for concealed carry or open carry where permitted. Certain places and individuals (like convicted felons under La. R.S. § 14:95.1) are exceptions.

What if the officer said I looked nervous or had a “bulge” in my clothing?

Vague observations alone are not enough to justify a stop or search. Officers must have clear, articulable suspicion of criminal activity beyond lawful firearm possession.

Do I have to consent to a search during a stop?

No. You have the right to refuse consent. Without a warrant or probable cause, searches may violate the Fourth Amendment and be subject to suppression.

What should I do if I was stopped for carrying a legal gun?

Stay calm, don’t argue, and document everything. Then contact a defense attorney to review whether your rights were violated during the stop.

Can Crescent City Law help even if I wasn’t arrested?

Yes. Even if you weren’t charged, an unlawful stop may still need to be challenged, especially if evidence was collected or you were questioned without cause.[/vc_column_text][/vc_column][/vc_row]

The post Have You Been Stopped or Searched for Legally Carrying a Firearm in Louisiana? first appeared on Crescent City Law.

Understanding Louisiana gun law is important to keep yourself and your community safe, and to avoid fines, prison time, or losing your permit.

The weapons charge defense attorneys at Crescent City Law are here to help you understand the complexities of Louisiana gun law in 2024.

Getting a permit to carry a gun in Louisiana

According to Section 1379.3 of the Louisiana Revised Statutes, any resident of Louisiana older than the age of 21 can apply for a concealed weapon permit. 

However, there are some restrictions.

• You cannot have any past felony, domestic violence convictions or drug and alcohol problems.
  • However, you may be eligible for apply if your record has been expunged.
• You may apply if you have been convicted of misdemeanors, but the state may turn you down depending on the nature of the conviction and the rest of your history.
• The permit does apply to handguns, but does not apply to shotguns, rifles, knives, or other dangerous weapons. 
• While you cannot conceal carry until you’re at least 21, you may get a permit to open carry your gun as early as 18. 

Additionally, there are two types of concealed carry permits in Louisiana: a 5-year permit and a lifetime permit. To qualify for either, you must be a resident of Louisiana over the age of 21 and fulfill the other qualifications above.

Where you can and cannot carry your firearm in Louisiana

Even if you have a permit to carry a firearm in Louisiana, you cannot bring it everywhere. To avoid getting arrested on a weapons charge, it’s important to know where you can and cannot bring your gun.

Where you can carry your firearm in Louisiana

In Louisiana, here are some of the places where you can conceal or open carry your gun.

However, if any location explicitly states that you cannot carry a firearm there, that overrules this list.

• State parks and national forests
• Roadside rest areas
• Your vehicle
• Any part of the state other than what is listed in the following section, or where it is not explicitly stated that you cannot carry a gun

Where you cannot carry your firearm in Louisiana

Here is a list of places where it is illegal for you to carry a gun in the state of Louisiana. You must obey these laws, or risk heavy fines or jail time.

In Louisiana, you may not carry your firearm in:

• Any property belonging to law enforcement
• Detention facilities, prisons, and jails
• Courthouses or courtrooms
• The Louisiana state capitol
• Government property
• Airports
• Places of worship
• Permitted parades or demonstrations
• Bars (including the bar section of a restaurant)
• Places that sell alcoholic beverages
• Schools and school zones
• Any place where guns are prohibited by federal law

Other Louisiana gun laws that you should know

Here are the last details that you should know to legally carry a gun in Louisiana.

Louisiana open carry laws

You may legally open carry in Louisiana at the age of 18, and you cannot conceal carry until 21.

While there is state law that allows open carry at a younger age, it is overridden by the federal law that requires you be at least 18 years old.

You must notify law enforcement if there is a firearm in your vehicle

According to Louisiana law, you must tell a police officer approaching your vehicle that there is a gun present. The intent of this law is to keep both the police officer and you safe.

You should have your permit with you to prove that you are legally allowed to be carrying your firearm at that moment.

You must respect “No Weapons” signs

Private landowners have the right to put up “no weapons” signs on their property, which you must obey.

So when you see a “no weapons” sign on a business or property, you cannot bring your firearm on the premises, even if you have a concealed carry permit. These laws are strictly enforced, and failure to abide by these signs can come with heavy consequences, such as fines, jail time, or losing your permit.

Contact a weapons charge lawyer in at Crescent City Law Today

John Radziewicz of Crescent City Law has years of experience with Louisiana gun laws and weapons charges. If you’re facing a weapons charge in New Orleans or Louisiana, John is a dedicated attorney who’s here to help.

Contact John today to schedule your free initial consultation.

The post Louisiana Gun Laws 2024: What You Need To Know first appeared on Crescent City Law.

The first step to protecting your rights is to understand the intricacies of the relevant Louisiana law and to work with a team of dedicated New Orleans criminal defense lawyers who are experienced in weapons charge cases.

At Crescent City Law, we’re-well versed in Louisiana weapons law and are here to help you through it.

What is a weapons charge?

According to La RS 14:94, illegal use of weapons in Louisiana is defined as:

“the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being.”

In the context of this law, “firearm” can include:

• A shotgun with a barrel fewer than 18 inches long
• Handguns
• A weapon made from either a rifle or a shotgun that has been modified to be under 26 inches long overall
• A rifle with a barrel fewer than 16 inches long
• Any pistol, revolver, shotgun, or other firearm that has had its serial number or identification mark removed
• Any pistol, revolver, rifle, shotgun, machine gun, assault rifle, or submachine gun that can fire fixed cartridge ammunition

There is a range of specific charges in Louisiana that fall under this category, including, but not limited to:

• Unlawful possession of a firearm or dangerous weapon
• Firearm trafficking
• Fraudulent weapons permits
• Illegally brandishing a weapon

Louisiana allows people to carry a concealed weapon when they have a concealed handgun permit. However, there are certain locations and circumstances in which you cannot have a gun, even with a concealed carry permit.

Louisiana concealed weapon laws

According to Section 1379.3 of the Louisiana Revised Statutes, any resident of Louisiana older than the age of 21 can apply for a concealed weapon permit.

However, they must not have a felony or domestic violence conviction, or have documented problems with drugs or alcohol. You may be able to apply for a concealed handgun permit if your criminal record has been expunged.

You may apply if you have been convicted of misdemeanors, but the state may deny your application depending on the nature of the conviction and the rest of your history.

The permit does apply to handguns, but does not apply to shotguns, rifles, knives, or other dangerous weapons.

Once you have your concealed carry permit, there are some locations in which it is illegal to bring your weapon:

• Places of worship (unless explicitly allowed by the organization)
• Any bar or restaurant which sells alcoholic beverages (ABOs)
• Parades such as Mardi Gras, or other demonstrations
• An individual’s home or residential building, without their consent
• Schools

In places where you are allowed to carry your gun, you can still be arrested.

For example, the presence of a gun can change a charge from simple assault to aggravated assault, which results in higher fines and a longer imprisonment.

In this case, even if you have a permit and are carrying your firearm in a location where firearms are allowed, you could still be arrested and lose your permit.

Will a weapons charge land you in jail in Louisiana?

Yes, in some cases you will go to jail for a weapons charge in Louisiana. The extent of your sentence, and whether that includes jail time, will depend on what type of weapons charge you’re facing, whether it was your first offense, and other details related to the incident.

In some cases, you may face a fine and minimal jail time. In other cases, such as a second or third offense, you could be imprisoned for five to ten years. In many cases, the prosecution will move the court to order you to surrender
your weapon permanently.

What are the penalties for weapons charges in Louisiana?

There is a range of penalties that apply to weapons charges in Louisiana.

Penalties for illegally carrying a weapon in Louisiana

First convictions for illegally carrying a weapon in Louisiana can result in:

• Up to 6 months of jail time
• Up to $500 in fines

Second convictions can result in:

• Up to 5 years of jail time, with or without hard labor

Third and subsequent convictions can result in:

• Up to 10 years of jail time, without probation, suspension of the sentence, or parole

Other factors also come into play when receiving your sentence for a weapons charge in Louisiana, such as the amount of time since your last conviction.

Penalties for other weapons charges in Louisiana

If you fire a gun recklessly nearby a parade or other permitted gathering, you could face 5-15 years in prison.

In other cases, sentencing for other crimes, such as criminal charges and penalties, will become more serious if a firearm or deadly weapon is involved.

For example, the presence of a gun can change a charge from simple assault to aggravated assault, which results in higher fines and a longer imprisonment.

Facing a weapons charge in the state of Louisiana?

If found guilty, you are at a high risk of going to jail for a weapons charge in Louisiana.

To give yourself the best chance of protecting your rights, it is important to work with a dedicated team of criminal defense lawyers. At Crescent City Law, we’ve assisted many clients through their defense cases and are committed to achieving the best possible outcome for your case.

Contact us today to discuss your case.

The post Will I go to jail for a weapons charge in Louisiana? first appeared on Crescent City Law.