Let's discuss HB 142
- Thread starter sniper216
- Start date
The Best online firearms community in Louisiana.
Member Benefits:
Fewer Ads! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
If you don't mind me asking how did you efile an official copy of your expungement? Im getting my documents from the court house tomorrow, and I was curious about submission. Did you have to mail a copy with the raised Louisiana seal, or just submit a digital copy?
Sent from my SM-N920P using Tapatalk
Hey co, I got an approval email today. I should have my permit in 10-15 business days.
Sent from my SM-N920P using Tapatalk
Arrived in the mail yesterday bro. Thanks for all your hard work man. Hit me up for another steak dinner on me.
Sent from my SM-N920P using Tapatalk
I guess someone forget to tell the FBI NICS section about the new law, Dad filed the appeal on 10-19-15 and finally got the answer today 8-28-17. Still DENIED... Letter says some convictions which may have been sealed or expunged for certain purposes, still qualify as 18 U>S>C 922(g) (1) prohibitors. Included in the packet was his First offender pardon, An order to dismiss prosecution, and an order for engagement. The charge was theft over 500 dollars. Not sure what else I can do to help him. Thoughts?
Wasting more time trying to ask the NICS section examiners what they think the law says is futile. Contact Alan Gura (http://gurapllc.com/), file suit, and force a Judicial or DOJ attorney opinion on it.
FWIW, I think it all depends on the agent who ends up looking at your case. I know it sucks, and by right he should not have to, but the fastest and easiest thing to do is just get the permit. Let the LSP do the NICS check and clean your hands of it once and for all. Cross your T's and dot your i's on the application. Especially if he already had the expungment done. Have him do the Electronic LSP application along with digital copies of the expungment, arrest dispositions and FOP(try to have the embossed seal as visible as possible). Have him do his prints at LSP HQ and wait for the mail man. Then just do the CHP check to get the gun/s he wants.
NICS appeals take an absurd amount of time for a response. They respond quickly by mail to give you a vague reason for the denial "You were denied because you are a convicted felon, or have a similar name as a convicted felon". Actually reaching a decision takes about 6 months minimum or up to 1year or more per correspondence. If they make a mistake that you want to dispute YOU have to point it out, and hope they agree with it.....did I mention this is when your wait time starts over 6 months to 1+ years again. Its almost laughable. Legally they never have to respond; LOL and they don't mind telling you this either NICS has no legal time frame constraints.
In my personal situation right after receiving my permit in the mail I received a NICS appeal decision (filed 8/16 received 2/17) that stated "since I was a convicted felon, and the conviction was a "violent" crime under LA statute 14:2 B that I was still unable to obtain and possess a firearm. Per the GCA 68 and Caron v US via Supreme Court Decision I was still considered a prohibited person federally, because under Louisiana law I am prohibited from receiving a Concealed Handgun License or CCW. This statement leads me to believe this FBI agent is aware of the change in Louisiana law (act212). Only problem is that I wasn't convicted of a violent crime nor is it listed under 14:2B. Not to mention the elephant in my wallet.... Louisiana just issued me a CHL. Guess the FBI is just using the cliff notes when examining Louisiana appeals.
I concur "Wasting more time trying to ask the NICS section examiners what they think the law says is futile. Contact Alan Gura (http://gurapllc.com/), file suit, and force a Judicial or DOJ attorney opinion on it." I'd also be willing to participate just for the principle as a witness, or co-plaintiff to get my name out of NICS for good! I should not have to have a permit to exercise a right that was restored. Act 212 fixed the law, but it can't fix bureaucratic incompetence. Alan Gura is very knowledgeable with respect to this situation, but he is very busy.
Best option for Dad is applying for a permit: Should take 3 months or less with an expungement in hand.
Second Best option would be Infringed's way if Pops is adamant about not getting a permit. Forcing a AG opinion would be beneficial to us as a collective.
A Nics appeal is a crap shoot. If Pops insists on the NICS route here are some tips that may help. Submit the FBI NICS appeal online https://forms.fbi.gov/nics-appeal-request-form . When I submitted mine it was after 212 went into effect maybe the date could have held bearing on his decision. I also explained the new law to a 5th grader with copy and included pasted sections from LA Legis that pertained to my case; 2 felonies 1 of which was similar to your dads. All in all I deemed the letter I wrote success. The problem arose with the misconception that a felony that I was convicted of was listed on the 14:2B list which it is not (2 steps forward 1 step backwards). Lol, I probably should have included a few drawings.
Jokes aside although I do have a permit now and bypass NICS's incompetence checks I still resubmitted an appeal just for shits and giggles. I will update you upon response in a year or so (its only been 7 months), and if I can help pops with the situation give me a shout. At this point continuing to deny us shows just how pointless and ineffective the NICS system is. The job Nics is supposed to do its doing poorly at best 1) keep track of current criminal records information 2) cross reference records against prohibiting firearms laws at the state and federal level 3) determine firearms possession eligibility based on said information). NICS is taking a deny first approach and determine eligibility at their latest convenience with 5 guys working 10 states a piece minus states with their own NICS point of contact agencies (which operate much faster and more accurately than NICS at the state level). Good Luck.
NICS appeals take an absurd amount of time for a response. They respond quickly by mail to give you a vague reason for the denial "You were denied because you are a convicted felon, or have a similar name as a convicted felon". Actually reaching a decision takes about 6 months minimum or up to 1year or more per correspondence. If they make a mistake that you want to dispute YOU have to point it out, and hope they agree with it.....did I mention this is when your wait time starts over 6 months to 1+ years again. Its almost laughable. Legally they never have to respond; LOL and they don't mind telling you this either NICS has no legal time frame constraints.
In my personal situation right after receiving my permit in the mail I received a NICS appeal decision (filed 8/16 received 2/17) that stated "since I was a convicted felon, and the conviction was a "violent" crime under LA statute 14:2 B that I was still unable to obtain and possess a firearm. Per the GCA 68 and Caron v US via Supreme Court Decision I was still considered a prohibited person federally, because under Louisiana law I am prohibited from receiving a Concealed Handgun License or CCW. This statement leads me to believe this FBI agent is aware of the change in Louisiana law (act212). Only problem is that I wasn't convicted of a violent crime nor is it listed under 14:2B. Not to mention the elephant in my wallet.... Louisiana just issued me a CHL. Guess the FBI is just using the cliff notes when examining Louisiana appeals.
I concur "Wasting more time trying to ask the NICS section examiners what they think the law says is futile. Contact Alan Gura (http://gurapllc.com/), file suit, and force a Judicial or DOJ attorney opinion on it." I'd also be willing to participate just for the principle as a witness, or co-plaintiff to get my name out of NICS for good! I should not have to have a permit to exercise a right that was restored. Act 212 fixed the law, but it can't fix bureaucratic incompetence. Alan Gura is very knowledgeable with respect to this situation, but he is very busy.
Best option for Dad is applying for a permit: Should take 3 months or less with an expungement in hand.
Second Best option would be Infringed's way if Pops is adamant about not getting a permit. Forcing a AG opinion would be beneficial to us as a collective.
A Nics appeal is a crap shoot. If Pops insists on the NICS route here are some tips that may help. Submit the FBI NICS appeal online https://forms.fbi.gov/nics-appeal-request-form . When I submitted mine it was after 212 went into effect maybe the date could have held bearing on his decision. I also explained the new law to a 5th grader with copy and included pasted sections from LA Legis that pertained to my case; 2 felonies 1 of which was similar to your dads. All in all I deemed the letter I wrote success. The problem arose with the misconception that a felony that I was convicted of was listed on the 14:2B list which it is not (2 steps forward 1 step backwards). Lol, I probably should have included a few drawings.
Jokes aside although I do have a permit now and bypass NICS's incompetence checks I still resubmitted an appeal just for shits and giggles. I will update you upon response in a year or so (its only been 7 months), and if I can help pops with the situation give me a shout. At this point continuing to deny us shows just how pointless and ineffective the NICS system is. The job Nics is supposed to do its doing poorly at best 1) keep track of current criminal records information 2) cross reference records against prohibiting firearms laws at the state and federal level 3) determine firearms possession eligibility based on said information). NICS is taking a deny first approach and determine eligibility at their latest convenience with 5 guys working 10 states a piece minus states with their own NICS point of contact agencies (which operate much faster and more accurately than NICS at the state level). Good Luck.
Staff online
-
AustinBRMake your own luck -
thperez1972ESSAYONS
Members online
- Forgotten
- electronicwiz
- MikeP
- arbe25
- Aurellevi
- DeweyLaffy
- BillnLA
- 323MAR
- Kimble
- LaBelle
- John913
- Tonyaav
- Beachbum26
- hokie74
- Peacemaker
- g45
- themcfarland
- Bmw69ss
- vr1967
- davidd
- Denisbl0
- stinkysix
- N4sir
- sethtvaughn
- Zoshoots112189
- hdfinder47
- Dr. Memphis Farrell
- Jonnygumbo
- La Rebel
- kpm
- cbecnel
- Jiggy205
- Bigchillin83
- AustinBR
- Ranslem9849
- John_
- mylongscreenname
- elliotttullier2013
- Ares
- fishimani
- hotbiggun
- Kipp Castaing
- Big H
- d.rayphelps
- firelane
- thperez1972
- rgudan
- JBP55
- Bkjsdc09
- GBMustangGT
