Firearm in Possession of Drugs Charges - La. R.S. 14:95E
What La. R.S. 14:95(E) actually says
Subsection E of Louisiana's illegal-carrying-of-weapons statute is the enhanced, mandatory-prison version of a weapons charge. It combines a firearm (or other dangerous instrumentality) with drug activity or a crime of violence. Here is the operative language:
"If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while unlawfully in the possession of a controlled dangerous substance except the possession of fourteen grams or less of marijuana, or during the unlawful sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence."
Element I
A firearm or dangerous instrumentality
The State must tie you to a gun — by use, possession, or "immediate control." It does not have to be in your hand or waistband; a gun in a console, glovebox, or bedroom can be enough if the State proves the connection.
Element II
Plus one qualifying circumstance
Either (a) unlawful possession of a controlled dangerous substance — except 14 grams or less of marijuana, (b) the sale or distribution of a CDS, or (c) committing or attempting a crime of violence.
Element III
At the same time — and connected
The gun and the qualifying conduct must coincide. And where the State relies on constructive possession of the firearm, Louisiana Supreme Court precedent requires proof of a nexus between the gun and the drugs — a frequent point of attack for the defense.
The sentence the statute commands on conviction
Judges in the 22nd and 24th Judicial District Courts do not have discretion to go below these terms once a conviction under 14:95(E) is on the books. That is what makes the pre-trial fight decisive.
Sentencing Exposure · La. R.S. 14:95(E)
- Imprisonment-5 to 10 years at hard labor
- Fine-Up to $10,000
- Probation · Parole · Suspension-Barred by the statute — the sentence must be served
- Second or subsequent conviction-20 to 30 years at hard labor, without benefits
And after the sentence: the felony follows you
A 14:95(E) conviction is a felony. It is also one of the offenses specifically listed in La. R.S. 14:95.1, which means a conviction strips your right to possess a firearm going forward — with federal firearm disabilities on top of that. Add the practical fallout: employment and licensing consequences, housing barriers, and, for non-citizens, potentially severe immigration consequences.
The marijuana exception is written into the statute
By its own terms, 14:95(E) does not apply to possession of fourteen grams or less of marijuana. If your charge is built on a personal-use amount of marijuana and nothing more, that is not a 95(E) — and we make sure the district attorney's office and the court see it that way. Larger amounts, distribution, or any other controlled dangerous substance are a different story, which is why the drug-side facts of the case matter just as much as the gun-side facts.
A mandatory-minimum charge demands a pre-conviction defense
Because probation is off the table after conviction, nearly everything that matters in a 95(E) case happens early: the stop, the search, the statements, the motions. Every case turns on its own facts, but these are the pressure points we examine first.
- The stop and the search-Most 95(E) cases in St. Tammany and Jefferson Parish begin as traffic stops — on I-12, I-10, the Causeway, Highway 190, the Westbank Expressway, Airline Drive. Was there reasonable suspicion for the stop? Probable cause for the search? A valid consent? If the stop or search fails Fourth Amendment scrutiny, a motion to suppress can take the gun, the drugs, or both out of the case — and the charge usually collapses with them.
- Possession: whose gun? whose drugs?-Cars and homes with multiple occupants create real proof problems for the State. "Constructive possession" requires dominion and control plus guilty knowledge — not mere presence near contraband. When the gun belongs to a passenger, a roommate, or a family member, the State's theory can come apart.
- The Blanchard nexus requirement-In State v. Blanchard — a case that itself came out of a Jefferson Parish prosecution — the Louisiana Supreme Court held that when the firearm was not in your actual possession or immediate control, the State must prove a nexus: an actual connection between the gun and the drugs. No nexus, no 95(E).
- The drug side of the equation-No unlawful CDS possession, no 95(E) (absent a crime of violence or distribution). That means challenging the drug element head-on: lab analysis, chain of custody, weight and testing of the substance, valid prescriptions, and the 14-gram marijuana exception.
- Statements and body-camera review-Were you questioned in custody without Miranda warnings? Does the body-cam and dash-cam footage actually match the police report? Discrepancies between what officers wrote and what the video shows are leverage — at motions hearings and in negotiations.
- Charge negotiation and outcomes-Where the evidence is strong, the fight becomes strategic: negotiating an amendment to a charge without a mandatory minimum, structuring pleas to protect eligibility for future relief, and putting mitigation in front of the district attorney's office before a bill is ever filed. Which door is open depends entirely on the facts — and on getting counsel involved early.
How courts test the gun-drug "nexus" under Blanchard
When constructive possession is the State's theory, Louisiana courts weigh factors such as:
- The type of firearm involved
- The type of controlled dangerous substance involved
- The quantity of drugs involved
- The proximity of the firearm to the drugs
- Whether the firearm was loaded
- Any other evidence connecting — or separating — the two
La. R.S. 14:95(E) — frequently asked questions
Louisiana has constitutional carry now. Can I still be charged under 14:95(E)?
Yes. Permitless carry changed who may lawfully carry a concealed handgun — it did not touch 14:95(E). The subsection applies regardless of whether your carry was otherwise legal: any firearm used, possessed, or under your immediate control while you unlawfully possess a CDS, sell or distribute a CDS, or commit a crime of violence can support the charge. A permit is not a defense to a 95(E).
The gun was in my car, not on me. Does that matter?
It can matter a great deal. The State can proceed on "constructive possession," but under State v. Blanchard, when the gun was not in your actual possession or immediate control, the State must also prove a nexus — a real connection — between the firearm and the drugs. Courts look at the type of gun, the type and quantity of drugs, how close the gun was to the drugs, whether it was loaded, and the surrounding circumstances. That nexus fight is often where these cases are won.
What if the drug involved was only marijuana?
The statute has a built-in exception: possession of fourteen grams or less of marijuana does not trigger 14:95(E). More than fourteen grams, marijuana distribution, or any other controlled dangerous substance is a different situation — and separate charges may still be filed either way. Bring your paperwork to a consultation so the actual alleged weight and substance can be reviewed.
Can I get probation if I'm convicted?
No. On conviction, the statute requires hard labor without benefit of probation, parole, or suspension of sentence. That is precisely why the defense has to be built before conviction: suppression motions, possession and nexus challenges, attacks on the drug evidence, and negotiation toward dismissal or an amended charge that doesn't carry mandatory prison time.
What happens on a second conviction?
The exposure jumps to twenty to thirty years at hard labor, again without probation, parole, or suspension of sentence. If you have any prior 95(E) — or any felony history at all — say so at the first consultation, because it changes the strategy from day one.
How soon should I get a lawyer involved?
Immediately — ideally before the district attorney's office decides what to bill. Early involvement means preserving surveillance and body-camera footage before it is lost, being heard on bond and bond conditions, presenting mitigation during screening, and meeting every motion deadline. In a mandatory-minimum case, the earliest weeks are often the most valuable ones.
Five to ten years is the price of standing still. Put a defense in motion today.
If you or someone you love is facing a 14:95(E) charge in St. Tammany Parish or Jefferson Parish, get answers from a local criminal defense lawyer before your next court date. Consultations are free and confidential.
