Illegal Carrying and Discharge of Weapons — 14:94
Illegal use of weapons or dangerous instrumentality is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being.
Penalties
Generally, whoever commits the crime of illegal use of weapons or dangerous instrumentality shall be fined not more than $1,000.00, or imprisoned with or without hard labor for not more than 2 years, or both.
Generally, on a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than 5 years nor more than 7 years, without benefit of probation or suspension of sentence.
Cleansing Period
A second or subsequent offense occurring more than 5 years since the time of the commission of the last offense for which the defendant has been convicted shall be treated as a first offense. In other words, the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
Enhanced Penalties
Whoever commits the crime of illegal use of weapons by discharging a firearm from a motor vehicle located upon a public street or highway, where the intent is to injure, harm, or frighten another human being, shall be imprisoned at hard labor for not less than 5 nor more than 10 years without benefit of probation or suspension of sentence.
Whoever commits the crime of illegal use of weapons by discharging a firearm while committing, attempting to commit or intimidating another person to commit a crime of violence or violation of the Uniform Controlled Dangerous Substances Law, shall be imprisoned at hard labor for not less then 10 years nor more than 20 years, without benefit of parole, probation, or suspension of sentence.
If the firearm is a machine gun or is equipped with a firearm silencer or muffler the offender shall be sentenced to imprisonment for not less than 20 years nor more than 30 years, without benefit of parole, probation, or suspension of sentence.
Upon a second or subsequent conviction, offender shall be sentenced to imprisonment for not less than 20 years.
Upon second or subsequent conviction, involves the use of a machine gun or a firearm equipped with a firearm silencer or muffler, such offender shall be sentenced to imprisonment for life without benefit of parole, probation, or suspension of sentence.
