Whether it happened in your car, on a sidewalk, or while running errands with your legally registered firearm, the experience can shake your trust in the system. You deserve better, and you’re not alone.
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™
- 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.
- 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.
- 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.
- Constitutional Rights Check
We’ll review the encounter for violations of your rights under the Fourth, Fifth, and Second Amendments.
- 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.
- 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]
