Convicted Felon Gun possession and ownership

Reformed · Feb 12, 2013

I am a new member and have a question and would appreciate any helpful feedback.
I was convicted of a 3rd DWI in 2009. I spent time in Jail,went to rehab,was on 6 months house arrest and did probation.I was discharged early form probation in October 2012. This was my 1st and only Felony.
I have received a FIRST OFFENDER PARDON that states that all rights of citizenship and franchise are Restored in Louisiana. I understand that this is NOT a Gold seal Pardon. The wording on my first offender pardon is vague about
gun possession and Says "The right to receive, possess or Transport a firearm may not be restored unless all legal provisions (refer to La R.S. 14:95.1) are met. I am a Longtime Hunter and a Father with Sons that want to hunt.
I am really trying to find a clear answer on this and Don't want to be charged with FELON in possession. I have Contacted the Louisiana State Police, EBR sheriff office, ATF,FBI,My attorney and have received various answers. I would really like to get something in writing from an Official Department. Any help with the matter would be wonderful. Thanks in advance.

JBP55 · Feb 12, 2013

Welcome aboard.

scooter268 · Feb 12, 2013

Read the statue of LRS 14.95.1 Possession of firearm by persons convicted of certain felonies. If you fit in to one of
Those catagories of crimes committed, then no. And no more drinking and driving. Good luck.

Link to statue: http://www.legis.state.la.us/lss/lss.asp?doc=78740

Hitman · Feb 12, 2013

Reformed said:
I have Contacted the Louisiana State Police, EBR sheriff office, ATF,FBI,My attorney and have received various answers.

So you come to the interwebz? :squint:

I'd like to hear or see all those agencies responses. :dunno:

DS727 · Feb 12, 2013

Hitman said:
So you come to the interwebz?

I'd like to hear or see all those agencies responses.

+1

carlosd321 · Feb 12, 2013

Why not just file an application of restoration of privleges through the atf and see how it comes back? At least you will get an answer in writing one way or the other

Reformed · Feb 12, 2013

Felon...just wanted to know if anyone had been down this road

Thanks for the feedback....
I did contact the ATF and asked about the Application for restoration of Firearms and they told me that was no longer available since October 1992. The agent that I spoke with in the Baton Rouge office said that I "should be OK" but would not issue anything in writing.I understand that my conviction was for a NON violent,NON enumerated felony per La RS 14:95.1 and I want to make damn sure that I am Following the law. I am a Louisiana Lifetime Hunting and fishing License holder.(Dept. of Wildlife and fisheries told me I have NO restrictions).

I just have the first offender pardon that may be subject to interpretation of whatever Law enforcement that I may come into contact with. I understand that I HAD a drinking problem,So I no longer Drink.I know that my situation is unique and just wanted feedback from others that may have done this "legwork" already. BTW...i am also pursuing the Governors Gold Seal Pardon. :confused:

Reformed · Feb 12, 2013

Thanks for your input

Hitman · Feb 12, 2013

Have you sought the help of a local Sheriff? not just the lady at the front desk?

You might be surprised by the cooperation you receive. That could go both ways of course lol, but it's worth a shot.

I'd ask a Local Sheriff to help you get something in writing to clear your mind on the legality of you defending yourself and family and also Hunting as well.

LACamper · Feb 12, 2013

Have you had a gun shop run the background check on you?

carlosd321 · Feb 12, 2013

Right but if you go on the website under forms and click on it. It tells you what steps to take now. I dont know if that would help or not but may be your safest bet

carlosd321 · Feb 12, 2013

Can you contact the DAs office where the charges were filed?

Pas Tout La · Feb 12, 2013

Hope all works out for you if you are a responsible gun owner. With that being said;f you take the responsibility the way you have with driving in the past I hope you never get to touch another firearm. Congrats on your sobriety and good luck in the future.

LSUSMC · Feb 12, 2013

LACamper said:
Have you had a gun shop run the background check on you?

If he is unsure/lies on question 11c (checks "no" when it should be "yes") he runs the risk of being charged with another felony and if he checks "yes" it won't even get processed.He needs to find out if the exemption applies to him before he tries to purchase a firearm.

derek_street · Feb 12, 2013

3 DWI's!!! Really? And we are supposed to trust you with a loaded weapon? Just my opinion but they should have locked you up and threw away the key after the second.

BrandonLSU · Feb 12, 2013

You should talk to (read: pay for their service) a DWI attorney for legal advice.

A bit of personal advice is to call a cab, family or a friend in the future. True friends will pick you up at any time from (just about) anywhere with no complaints or objections. Poor decisions can ruin your life, a stranger's, a family member or mine.

I hope you make better decisions in the future.

frankinola · Feb 12, 2013

consult with an experienced DWI attorney to get some clarification on restoration of rights. but also consider contacting your local sheriff to see if you were stopped with a firearm would they arrest/charge you felon in possession of firearm. you may want to also go through nics and do the voluntary appeal file because the state criminal record will have the 3rd DWI listed. http://www.fbi.gov/about-us/cjis/nics/voluntary-appeal-file-video. also ask them how to properly complete a 4473. this will give you a good idea of how the NICS is treating your conviction. just be aware that not all states have the restoration of rights like Louisiana - they may treat a DWI felony like a violent crime felony. you should keep a copy of your pardon document with you in your wallet.

Xenon · Feb 12, 2013

Under normal circumstances you get firearm ownership possession/ownership rights reinstated 10 years after the completion of your sentence (including probation/parole). My opinnion is that with your first offense pardon, this time-frame would be cut short, to the date of the pardon, if you do not fall under the classification of the LA RS 14:95.1 felony. I don't believe DUI is considered a violent crime under the statute.

I suggest you follow these sites:

This one is the most favorable, by a Baton Rouge criminal attorney GunOwnershipByConvictedFelons.pdf

This one a Law Review Article by US Federal Judge Helen Berrigan is not quite as clear. She states that a 1977 case decided the auto-pardon does not restore the right to bear arms, but then later mentions the law was revised in 1999 to exclude violent offenders (without mention of arms rights).

This one is much less formal but states that "If you want your gun rights restored sooner than [the ten year period], you will need to apply for a Governor’s full pardon (a first-time offender/automatic pardon will not restore your gun rights prior to the ten year period)."

However, you will not be allowed to carry concealed EVER unless you are granted the Gold Seal Pardon. Last I checked, Gov. Jindal is very reserved about granting them (he'd approved somewhere around 8% of the ones which actually got by the panel and actually made it to his desk).

None of the above is legal advise and is merely the opinion of someone who is not an attorney practicing law in the state of Louisiana

jmcrawf1 · Feb 13, 2013

Guys keep this thread on topic. This thread already earned someone a ban.

VeedUp · Feb 13, 2013

I believe this answer's your question, but I would get legal advice from and attorney not a forum.

"Overall, it is not impossible for
a person convicted of a felony under
either state or federal law to
regain the right to legally possess a gun in Louisiana.
The first step is to
ascertain the nature of
their conviction. After that, it
is necessary for the convicted felon to complete their
sentence/probation/parole, etc., at which point (b
arring a gubernatorial pardon) they have several
options available to them. Someone convicted
of a 14:95.1 felony can either seek out a
gubernatorial pardon, or else complete their se
ntence and wait 10 years (or maybe even apply
with the sheriff of their home parish). A person convicted of a
non- 14:95.1 felony can regain the
right to possess and carry firearms upon the comple
tion of their sentence, either through a first-
offender pardon or through constitutional provisi
ons regarding the restor
ation of the rights of
citizenship. "

Convicted Felon Gun possession and ownership

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