PART VI. OFFENSES AFFECTING THE
PUBLIC GENERALLY
SUBPART A. OFFENSES AFFECTING THE PUBLIC SAFETY
1. ILLEGAL CARRYING AND DISCHARGE OF WEAPONS
§94. Illegal use of weapons or dangerous instrumentalities
A. Illegal use of weapons or dangerous instrumentalities 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.
B. Except as provided in Subsection E, whoever commits the crime of illegal use of weapons or dangerous instrumentalities shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.
C. Except as provided in Subsection E, on a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than five years nor more than seven years, without benefit of probation or suspension of sentence.
D. The enhanced penalty upon second and subsequent convictions provided for in Subsection C of this Section shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted. The sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
E. Whoever commits the crime of illegal use of weapons or dangerous instrumentalities 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 five nor more than ten years without benefit of probation or suspension of sentence.
F. Whoever commits the crime of illegal use of weapons or dangerous instrumentalities by discharging a firearm while committing, attempting to commit, conspiring to commit, or soliciting, coercing, 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 ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence. If the firearm used in violation of this Subsection is a machine gun or is equipped with a firearm silencer or muffler, as defined by R.S. 40:1751 and R.S. 40:1781, respectively, the offender shall be sentenced to imprisonment for not less than twenty years nor more than thirty years, without benefit of parole, probation, or suspension of sentence. Upon a second or subsequent conviction, under this Subsection, such offender shall be sentenced to imprisonment for not less than twenty years. If the violation of this Subsection, 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.
Amended by Acts 1958, No. 379, §§1, 3; Acts 1960, No. 550, §1; Acts 1966, No. 58, §1; Acts 1968, No. 647, §1; Acts 1972, No. 650, §1; Acts 1991, No. 904, §1; Acts 1992, No. 1015, §1; Acts 1995, No. 748, §1.
Notes of Decisions
Cited in
180
cases (
28 in the last 5 years), 1966–2026 · leading case:
State v. Garcie, 242 So. 3d 1279 (La. Ct. App. 2018).
State v. Garcie, 242 So. 3d 1279 (La. Ct. App. 2018).
· cites it 5× “R.S. 14:94(A), which defines the illegal use of weapons or dangerous instrumentalities as the "intentional or criminally negligent discharging of any firearm .”
State v. Trepagnier, 744 So. 2d 181 (La. Ct. App. 1999).
· cites it 6× “R.S. § 14:94 F. Demond Lucas was also charged with attempted armed robbery in connection with the incident.”
State v. Ates, 989 So. 2d 259 (La. Ct. App. 2008).
· cites it 3× “R.S. 14:94(A) and (F). He was sentenced to 16 years' imprisonment at hard labor without benefits, along with a fine of $10,000.”
State v. Brown, 966 So. 2d 727 (La. Ct. App. 2007).
· cites it 5× “Thus, a conviction for illegal use of a weapon during a crime of violence requires proof of the following: (1) that the defendant intentionally, or through criminal negligence, discharged a firearm, (2) that it was foreseeable that it may result in death or great bodily harm to…”
State v. Street, 480 So. 2d 309 (La. 1985).
· cites it 13× “R.S. 14:94, illegal discharge of a firearm.”
State v. Victorian, 448 So. 2d 1304 (La. Ct. App. 1984).
· cites it 16× “Victorian, was charged by bill of information with illegal use of a weapon, a violation of LSA-R.S. 14:94. The defendant pleaded guilty and was sentenced under LSA-C.”
State v. Jackson, 895 So. 2d 695 (La. Ct. App. 2005).
· cites it 13× “R.S. 14:94(B) and (C) specifically exclude “Subsection E” offenses from the sentences for first or second offense illegal use of a weapon.”
State v. Allen, 824 So. 2d 344 (La. 2002).
· cites it 6× “Moreover, the defendant cannot show prejudice from the alleged defect in the present case because his alibi defense applied equally well to violations of R.S. 14:94(A) and (F). His heightened sentencing exposure as a matter of R.”
State v. Sandifer, 249 So. 3d 142 (La. Ct. App. 2018).
· cites it 5× “R.S. 14:94(A). Conspiracy is "the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or…”
State v. Mahogany, 225 So. 3d 489 (La. Ct. App. 2017).
· cites it 6× “R.S. 14:94 F, and his sentences. For the reasons that follow, we affirm.”
State v. Barberousse, 480 So. 2d 273 (La. 1985).
· cites it 3× “1 is not applicable to La.Rev.Stat. § 14:94, which prohibits the illegal use of a weapon.”
O'Hern v. Dep't of Police, 111 So. 3d 1037 (La. Ct. App. 2012).
· cites it 5× “The complaint placed Officer O’Hern on notice that his actions on that day gave rise to a possible violation of “Rule 2: Moral Conduct; Paragraph 1: Adherence to Law, to wit, R.S. 14:94 Relative to the illegal use of weapons or dangerous instrumentalities.”
La. Rev. Stat. § 14:94(A): 39 cases
State v. Ates, 989 So. 2d 259 (La. Ct. App. 2008).
“R.S. 14:94(A) and (F). He was sentenced to 16 years' imprisonment at hard labor without benefits, along with a fine of $10,000.”
State v. Garcie, 242 So. 3d 1279 (La. Ct. App. 2018).
“R.S. 14:94(A), which defines the illegal use of weapons or dangerous instrumentalities as the "intentional or criminally negligent discharging of any firearm .”
State v. Sandifer, 249 So. 3d 142 (La. Ct. App. 2018).
“R.S. 14:94(A). Conspiracy is "the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or…”
State v. Brown, 966 So. 2d 727 (La. Ct. App. 2007).
“Thus, a conviction for illegal use of a weapon during a crime of violence requires proof of the following: (1) that the defendant intentionally, or through criminal negligence, discharged a firearm, (2) that it was foreseeable that it may result in death or great bodily harm to…”
La. Rev. Stat. § 14:94(A)(B): 4 cases
La. Rev. Stat. § 14:94(B): 10 cases
State v. Sandifer, 249 So. 3d 142 (La. Ct. App. 2018).
“R.S. 14:94(A). Conspiracy is "the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or…”
La. Rev. Stat. § 14:94(C): 1 case
State v. Jackson, 895 So. 2d 695 (La. Ct. App. 2005).
“R.S. 14:94(B) and (C) specifically exclude “Subsection E” offenses from the sentences for first or second offense illegal use of a weapon.”
La. Rev. Stat. § 14:94(E): 21 cases
State v. Garcie, 242 So. 3d 1279 (La. Ct. App. 2018).
“R.S. 14:94(A), which defines the illegal use of weapons or dangerous instrumentalities as the "intentional or criminally negligent discharging of any firearm .”
State v. Brown, 966 So. 2d 727 (La. Ct. App. 2007).
“Thus, a conviction for illegal use of a weapon during a crime of violence requires proof of the following: (1) that the defendant intentionally, or through criminal negligence, discharged a firearm, (2) that it was foreseeable that it may result in death or great bodily harm to…”
State v. Jackson, 895 So. 2d 695 (La. Ct. App. 2005).
“R.S. 14:94(B) and (C) specifically exclude “Subsection E” offenses from the sentences for first or second offense illegal use of a weapon.”
La. Rev. Stat. § 14:94(F): 40 cases
State v. Brown, 966 So. 2d 727 (La. Ct. App. 2007).
“Thus, a conviction for illegal use of a weapon during a crime of violence requires proof of the following: (1) that the defendant intentionally, or through criminal negligence, discharged a firearm, (2) that it was foreseeable that it may result in death or great bodily harm to…”
State v. Allen, 824 So. 2d 344 (La. 2002).
“Moreover, the defendant cannot show prejudice from the alleged defect in the present case because his alibi defense applied equally well to violations of R.S. 14:94(A) and (F). His heightened sentencing exposure as a matter of R.”
State v. Jackson, 895 So. 2d 695 (La. Ct. App. 2005).
“R.S. 14:94(B) and (C) specifically exclude “Subsection E” offenses from the sentences for first or second offense illegal use of a weapon.”
State v. Ates, 989 So. 2d 259 (La. Ct. App. 2008).
“R.S. 14:94(A) and (F). He was sentenced to 16 years' imprisonment at hard labor without benefits, along with a fine of $10,000.”
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