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      RS 14:95.8     

  

§95.8.  Illegal possession of a handgun by a juvenile

A.  It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person.  Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.

B.(1)  On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.

(2)  On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.

(3)  On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

(4)  A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years.  At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.

C.  The provisions of this Section shall not apply to any person under the age of seventeen years who is:

(1)  Attending a hunter's safety course or a firearms safety course.

(2)  Engaging in practice in the use of a firearm or target shooting at an established range.

(3)  Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.

(4)  Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.

(5)  On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.

(6)  At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.

(7)  Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

D.  For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.

Acts 1999, No. 1218, §1.



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