Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

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    charlie12

    Not a Fed.
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    4   0   0
    Apr 21, 2008
    8,526
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    Pride
    Yes, Constitutional Carry does fix a lot of BS that we have to go through.



    +1

    I often see CCW & CCH, sometimes CWL, CHL, & CWP. I rarely see people actually call it a CHP.

    You're right Dave it's like the damn alphabet. I know I'm a ass but if a person can't even call it by what it is I don't take the other stuff as being too correct.
     

    DAVE_M

    _________
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    32   0   0
    Apr 17, 2009
    8,288
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    ________
    Yep but if you negate the restriction with the c̶c̶w̶ CHP then you negate their argument.

    Fixed it for you.

    You're right Dave it's like the damn alphabet. I know I'm a ass but if a person can't even call it by what it is I don't take the other stuff as being too correct.

    Whenever I see CCW, I think of some kind of weird wrestling league :rofl:
     

    MJ2

    New Member
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    Sep 4, 2015
    2
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    Watson
    Hey fellas. New poster here.Live in the BR area and i've just got finished reading this entire thread.

    I was convicted in 1994 of Simple Burglary. It's been almost 20 years since the end of my parole and i've had a clean record. I know i fall under article 14:95.1 and actually own several weapons that i've bought from people.

    I was at my local gunsmiths place the other day and was discussing with him about filling out the ATF form and specifically the part that asks if i've ever been convicted of a felony.
    He recommended me to not lie,not ever buy a new firearm from a dealer because i'd be technically lying on the form and could get in serious trouble with the feds if i did.

    I just tried calling the local ATF agent and tried to find out about getting a UPIN. They did not know what i was talking about and recommended me get an attorney to file the proper paperwork.

    Is this really how things go here in Louisiana? The state says you can own firearms but you can't buy one from a dealer or online because you risk the feds knocking on your door.
    I'm really confused
     

    Vermiform

    Free Candy!
    Gold Member
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    13   0   0
    Sep 18, 2006
    5,271
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    Shreveport - or therebouts
    .

    I just tried calling the local ATF agent and tried to find out about getting a UPIN. They did not know what i was talking about and recommended me get an attorney to file the proper paperwork

    I think....not sure, that it is the FBI that runs NICS, not ATF.

    Sent from my XT1080 using Tapatalk
     

    coance

    Well-Known Member
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    0   0   0
    May 25, 2014
    115
    16
    Haughton la
    Up until last year the feds and Louisiana agreed. As of mid last year the fed decided to change their interpretation of who in Louisiana is prohibited. Their position now is that since Louisiana will not let you have a CHP then that restriction is enough for the fed to not allow you to be able to possess a firearm at all.
    So in a nutshell you cannot even possess the firearms that you have according to federal law.
    Get with your local representatives and tell them to fix this by changing LARS 40:1379.3 (c)(10) . This is the Louisiana law that the fed is using to restrict.
     

    Nathan Hale

    Well-Known Member
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    0   0   0
    Apr 10, 2014
    336
    18
    Louisiana
    Hey fellas. New poster here.Live in the BR area and i've just got finished reading this entire thread.

    I was convicted in 1994 of Simple Burglary. It's been almost 20 years since the end of my parole and i've had a clean record. I know i fall under article 14:95.1 and actually own several weapons that i've bought from people.

    I was at my local gunsmiths place the other day and was discussing with him about filling out the ATF form and specifically the part that asks if i've ever been convicted of a felony.
    He recommended me to not lie,not ever buy a new firearm from a dealer because i'd be technically lying on the form and could get in serious trouble with the feds if i did.

    I just tried calling the local ATF agent and tried to find out about getting a UPIN. They did not know what i was talking about and recommended me get an attorney to file the proper paperwork.

    Is this really how things go here in Louisiana? The state says you can own firearms but you can't buy one from a dealer or online because you risk the feds knocking on your door.
    I'm really confused

    You are (currently) a "prohibited person."
     

    Nathan Hale

    Well-Known Member
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    0   0   0
    Apr 10, 2014
    336
    18
    Louisiana
    Up until last year the feds and Louisiana agreed. As of mid last year the fed decided to change their interpretation of who in Louisiana is prohibited. Their position now is that since Louisiana will not let you have a CHP then that restriction is enough for the fed to not allow you to be able to possess a firearm at all.
    So in a nutshell you cannot even possess the firearms that you have according to federal law.
    Get with your local representatives and tell them to fix this by changing LARS 40:1379.3 (c)(10) . This is the Louisiana law that the fed is using to restrict.

    This is the best description of the conundrum that I have seen to date. This is the exact problem.
    Let's face it, since the gun hater have not been as successful as they want in outlawing guns, they have taken to "outlawing" people; that is, they are trying to make as many people "prohibited" as they can.
    (If it was up to them, a parking ticket would make you a prohibited person.)
     
    Last edited:

    Safetyman

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    0   0   0
    Jan 3, 2016
    9
    1
    Baton Rouge
    New poster here. I was just doing some research and joined because of this thread. I had an expungement about 20 years ago. I have bought guns for years afterwards.I was put on hold for a purchase yesterday, I guess I know why now. I will be looking for updates, good info here.
     

    Safetyman

    Member
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    0   0   0
    Jan 3, 2016
    9
    1
    Baton Rouge
    New poster here. I was just doing some research and joined because of this thread. I had an expungement about 20 years ago. I have bought guns for years afterwards.I was put on hold for a purchase yesterday, I guess I know why now. I will be looking for updates, good info here.

    Update- I never received a "proceed" or a "denial" on the NICS check. The wait period ended and I gave it another week. There was still a "delay" on the background check a week later. I will update if I get a letter.
     

    Oilman

    Well-Known Member
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    3   0   0
    Sep 11, 2014
    96
    6
    Lafayette, LA
    I thought that if you were delayed that they had three days to respond with a proceed or denial and if they did not then the dealer is allowed to proceed by default. Did they change the rules? Is there no longer a time limit on delays?
     

    bigtattoo79

    Well-Known Member
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    94   0   0
    Sep 12, 2009
    3,957
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    LA
    I thought that if you were delayed that they had three days to respond with a proceed or denial and if they did not then the dealer is allowed to proceed by default. Did they change the rules? Is there no longer a time limit on delays?

    That is correct. However some stores won't sell without a proceed.
     

    Safetyman

    Member
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    0   0   0
    Jan 3, 2016
    9
    1
    Baton Rouge
    Update- I never received a "proceed" or a "denial" on the NICS check. The wait period ended and I gave it another week. There was still a "delay" on the background check a week later. I will update if I get a letter.

    Update- Well, I got the call. I just hung up the phone with the ATF. They contacted me about my recent handgun purchase. The agent gave me two choices, return it to the seller or they will pick it up. Luckily the seller agreed to take back the gun. It was un-fired. I will send all the business I can their way for doing this.

    I talked to the ATF agent a while about this issue. I am not sure if this is BS or not but, the agent told me that they (ATF) has been pushing to get this issue cleared up. I would assume its a huge burden on them.

    Long story short, just about everything covered in this thread is spot on. The agent basically told me everything that is already covered. True story.
     

    CraigW

    New Member
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    0   0   0
    May 11, 2016
    1
    1
    Bossier Parish
    Hey guys, old thread, but i have been following the article 893 mess since i first read about what Feds were doing to people. Good news, it looks like the end may be in sight, not only that, but article 893 felony set aside will also be eligible under revised law to have a CHP no more NICs check at all then :) Here is the reference for HB 142 in LA 2016 that is going to full senate for vote.I really hope this passes, it would be a blessing to everyone who has put in the hard work to get their lives together for after whatever caused them to need an Article 893 or cleanse in the first place. here is the link to the bill and the status in the legislation. http://www.legis.la.gov/legis/BillInfo.aspx?s=16rs&b=HB142&sbi=y
     
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