Metairie Firearm Possession Lawyer

Top-Rated Firearm Possession Attorney in Metairie, LA

Louisiana has relatively lax firearm laws. There is no permit required to purchase, register, license, or carry firearms. However, there are still instances and scenarios where it is illegal to possess a firearm. If you or a loved one has been charged with an unlawful gun possession charge, do not hesitate to consult a qualified and skilled Metairie firearm possession lawyer.

What to Know About Thomas Calogero

At the law office of Thomas Calogero, a criminal defense firm based in Metairie, we approach every case with careful strategic insight and comprehensive preparation. With strong negotiation skills and decades of trial experience, attorney Thomas Calogero is dedicated to protecting his clients’ rights.

In addition to representing clients against unlawful gun possession charges, Thomas Calogero also has extensive practical experience beating sexual assault accusations and major highway drug cases, with multiple acquittal results.

Understanding Firearm Possession Laws

While it is your constitutional right to purchase and own a firearm, certain individuals are disqualified from exercising that right. This includes minors or those who forfeit that right when criminal activity is involved.

Additionally, there are certain places where you cannot bring a weapon, including bars and venues that serve alcoholic beverages as well as schools.

Firearm possession crimes range from misdemeanors to severe felonies. The type of weapon, where the unlawful possession occurred, and the defendant’s age and criminal history can influence the severity of the charges and any penalties if convicted.

In the state of Louisiana, possession can include having the weapon within one’s home, on one’s person, or constructive possession, meaning one has dominion and control over where the gun is kept.

In the case of the state of Louisiana v. Blanchard, No. 99-K-3439, 776 So.2d 1165, the state Supreme Court addressed whether constructive possession meets the requirements for possession and what evidence is necessary to prove it. The Court found that merely being near a firearm did not constitute possession, but rather, various factors must be considered, including:

• Proximity
• Ownership or occupancy of the location
• Access to the weapon
• Admissions or statements
• Fingerprints or other physical evidence
• Conduct that suggested control over the firearm

According to the U.S. Sentencing Commission, the majority of firearms offenses in fiscal year 2024 were related to the unlawful receipt, possession, or transportation of firearms or ammunition. Approximately 80 percent of firearms offenses fell under this category.

Additionally, 7,419 cases involved felons in possession of a firearm. 90.4 percent of them were convicted for possessing a firearm while having a prior felony on their criminal record.

When to Hire a Firearm Possession Lawyer

If you have been charged with a gun possession violation, you should hire a firearm possession lawyer as soon as possible to effectively protect yourself. Some types of unlawful firearm possession crimes you may encounter that a skilled Metairie firearm possession attorney can help you with include:

• Illegal possession by a convicted felon. It is against the law for an individual who was convicted, or found not guilty by reason of insanity, of certain crimes to possess a firearm or carry a concealed weapon.
• Illegal possession by an individual convicted of domestic abuse battery. Anyone convicted of domestic abuse battery or who is subject to protective orders related to domestic violence is strictly prohibited from possessing a firearm.
• Illegal possession of a handgun by a juvenile. With exceptions for hunting, target practice, educational safety courses, or when on private property with parental supervision, it’s unlawful for anyone under 18 to possess a handgun.
• Carrying prohibited weapons. It is illegal to possess prohibited weapons, including automatic firearms, sawed-off shotguns, or guns with the serial number or identification mark removed or altered.
• Unlawful carry. The illegal carrying of a weapon in Louisiana includes possessing a dangerous weapon in prohibited locations, including courthouses and schools during open hours, or intentionally concealing a firearm on one’s person in a prohibited area.
• Possession during drug transactions. It is a serious weapons violation to possess a firearm while also possessing, selling, or distributing a controlled and dangerous substance.

Felony convictions include violent crime, burglary, unauthorized entry, manufacture or possession of a bomb, possession of a firearm during a drug crime, felony drug offense, sex crime, or an attempt of these offenses.

Why You Should Work with a Criminal Defense Lawyer

You should work with an experienced criminal defense lawyer with experience in unlawful firearm possession charges because the legal penalties can be significant. If convicted of a possession crime, penalties could include jail time, incarceration with or without hard labor, large fines, and more. Working with an attorney can help avoid or reduce these penalties.

Thomas Calogero is deeply familiar with diversion and reduction programs in South Louisiana. It might be possible to reduce your sentence to avoid jail time or improve your criminal record for future success.

A skilled defense lawyer also understands how to effectively build a defense case on your behalf. Mr. Calogero has proven success arguing entrapment defenses, among other strategic approaches that may be ideal for your case. Different types of defenses work for different kinds of cases, so it’s important to receive a personalized approach to your situation.

Where Are Gun Possession Cases in Metairie Handled?

The courthouse that handles a firearm possession case depends on whether state or federal statutes or jurisdiction is involved. For example, most unlawful gun possession cases near Metairie are handled by the 24th Judicial District Court for the Parish of Jefferson. The main legal venue is located at 200 Derbigny Street, Gretna, LA 70053.

Federal cases, including those being investigated by the ATF, FBI, or other federal entities, are most likely to be processed by the U.S. District Court for the Eastern District of Louisiana. The usual venue is the Hale Boggs Federal Building & U.S. Courthouse, which is located at 500 Poydras Street in New Orleans.

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At the law office of Thomas Calogero, you can feel confident that an attorney with more than 35 years of criminal defense experience is ready to stand up for you. Reach out to us today to schedule an initial consultation.