Louisiana Sheriff Issues Warning to Gun Buyers and Sellers

Opelousas, LA (KPEL News) - Anyone who can legally possess a firearm will be allowed to carry one concealed without a permit in the state of Louisiana, effective July 4, 2024. The measure, referred to as constitutional carry, allows law-abiding citizens the right to do so, whether they are a resident of the state or not. The operative word in the law is "legally."

Certain circumstances disqualify a person from owning or possessing a gun: being convicted of a felony, being convicted of a violent misdemeanor, or being convicted of domestic abuse. Other circumstances do exist, but Caleb Morse with The Rustic Renegade in Lafayette says they rarely see those. What's more interesting is that, if a person's application to purchase a firearm is denied, St. Landry Parish Sheriff Bobby Guidroz says he or she could face additional charges.

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In a Facebook post on the St. Landry Parish Sheriff's Office page, Sheriff Guidroz headlined the following:

YOU CAN BE CHARGED WITH A FELONY IF YOU ARE DENIED WHEN ATTEMPTING TO PURCHASE A FIREARM OR AMMUNITION

In the post, he references a 2018 law mandating that a licensed gun dealer must notify the local law enforcement agency of record if an application is denied. The Sheriff says his office has been inundated with reports as of late.

He also cautions licensed firearms dealers in the state of Louisiana and suggests a sign communicating the severity of trying to illegally obtain a gun:

If the “seller” is caught not reporting the denial, they are then reported to federal authorities. We are urging dealers of firearms to post a sign stating that “any attempt to purchase a firearm fraudulently will be reported to law enforcement and you could be charged with a felony” if they do not have one posted already.

Louisiana Revised Statute 14:95.1 outlines in details the specifics of the mandatory reporting law and the penalties attached.

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LRS 14:95.1.3:

Fraudulent firearm and ammunition purchase; mandatory reporting

A. It is unlawful for any person:

(1) To knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to sell a firearm or ammunition under circumstances which the person knows would violate the laws of this state or of the United States.

(2) To provide to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a sale of a firearm or ammunition.

(3) To willfully procure another person to engage in conduct prohibited by this Section.

B. For purposes of this Section:

(1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm.

(2) "Licensed dealer" means a person who is licensed pursuant to 18 U.S.C. 923 to engage in the business of dealing in firearms or ammunition.

(3) "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.

(4) "Private seller" means a person who sells or offers for sale any firearm or ammunition.

C. The provisions of this Section shall not apply to a law enforcement officer acting in his official capacity or to a person acting at the direction of such law enforcement officer.

D. Whoever violates the provisions of Subsection A of this Section shall be fined not less than one thousand dollars or more than five thousand dollars, or imprisoned, with or without hard labor, for not more than twenty years, or both. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

E. (1) If a person is reported ineligible to purchase firearms by the National Instant Criminal Background Check System (NICS), the licensed dealer shall report the NICS denial to the sheriff of the parish in which the attempted purchase occurred and to the Louisiana Automated Victim Notification System.

(2) If at any time a law enforcement agency discovers that a licensed dealer knew or should have known that a purchaser or attempted purchaser of a firearm was prohibited from possessing a firearm and the licensed dealer failed to report as required by this Section, the sheriff or law enforcement agency shall notify all state and federal licensing agencies of the licensed dealer's failure to report.

Reporting Person Ineligible to Purchase Firearm

[R.S. 14.95.1.3(E)(1)]

Licensed dealers should do the following:

1. Report to sheriff’s offices/departments as directed by law.

2. Report ineligible purchase to the LAVNS/LA VINE program Coordinator

Send to: Marshall Menou – Marshall.Menou@lcle.la.gov

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Source: Louisiana Sheriff Issues Warning to Gun Buyers and Sellers

Filed Under: Louisiana, Lafayette

Categories: Local News, State News