Laws on non violent felons and FBI NICS

So I've read the threads ect and am still confused a bit.

A DUI Felony conviction doesn't fall under RS 14:95.1 and a first offender pardon gives rights to posses guns within the state however not to purchase using NICS.

However, under 18 USC 921 (a) 20, if it's set aside by expungement, pardon ect then you shouldn't have any problems with nics background check.

I have tried to purchase and have been denied. I have appealed and sent my auto first offender pardon to them waiting to hear back.

Can anyone please inform me of what is taking place to keep me against buying? I spoke to Brad Scott, a firearms attorney in New Orleans through email and legally, I can posses and own a firearm through the state of LA, but unless my conviction is expunged, I cannot pass NICS. But as stated under 18 USC 921 a 20, a pardon which is NOT specified the type, as long as rights of citizenship are restored, there should not be a ban to purchase. Please explain this to me.

Welcome to Bayou Shooters!!

I will give you my short version. If you search the forums, you should find a couple threads that go into the pages of discussion. Disclaimer: I am not a legal beagle...

Federal Law supersedes state law. Federal law says no convicted felon in possession of firearm. LA. state law says a felony pardon restores citizenship rights. So as long as there is a felony record, it is illegal to purchase, own or possess a firearm. The pardon can restore state citizenship rights, but doesn't apply to Federal law.

I have no idea if a expunged conviction will clear the Federal hurdle....

Sorry to be a bad news bearer, but it is what it is.

That's not correct according to 18 USC 921 a 20.

10. Can a felon ever regain the right to own a gun by having his civil rights restored? Theoretically yes, but practically no. 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) say that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban. To determine whether someone's civil right to own a gun has been restored, federal courts "look to the law of the jurisdiction of conviction . . . and consider the jurisdiction's entire body of law." United States v. O'Neal, 180 F.3d 115, 119 (4th Cir.), cert. denied, 528 U.S. 980 (1999).

my automatic first offender pardon states: the right to receive, possess or transport a firearm may not be restored unless unless all legal provisions ( refer to La R.S. 14:95.1) are met. A felony DUI does not refer to 14:95.1 non violent crime list. It is actually below that. Therefore, even federally I should not have a ban to possess or own a firearm as my first offender pardon States I am discharged of my sentence for the above stated offense and that all rights of citizenship and franchise are stored.

So someone can tell me what am I missing?

Heres a link that states legally I am able to possess a firearm:
http://www.jameseboren.com/GunOwnershipByConvictedFelons.pdf

Wizard you have a pm

Wizard1183 said:

That's not correct according to 18 USC 921 a 20.

10. Can a felon ever regain the right to own a gun by having his civil rights restored? Theoretically yes, but practically no. 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) say that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban. To determine whether someone's civil right to own a gun has been restored, federal courts "look to the law of the jurisdiction of conviction . . . and consider the jurisdiction's entire body of law." United States v. O'Neal, 180 F.3d 115, 119 (4th Cir.), cert. denied, 528 U.S. 980 (1999).

my automatic first offender pardon states: the right to receive, possess or transport a firearm may not be restored unless unless all legal provisions ( refer to La R.S. 14:95.1) are met. A felony DUI does not refer to 14:95.1 non violent crime list. It is actually below that. Therefore, even federally I should not have a ban to possess or own a firearm as my first offender pardon States I am discharged of my sentence for the above stated offense and that all rights of citizenship and franchise are stored.

So someone can tell me what am I missing?

Heres a link that states legally I am able to possess a firearm:
http://www.jameseboren.com/GunOwnershipByConvictedFelons.pdf

Click to expand...

You might "lawyer up" spend a couple years filing briefs and suits and get it the way you want, I have a distant friend that was incarcerated in Mexico, charged with possession of ammunition in crossing the border to go eat. After almost a year in the brig there, he got transferred up here to a fed prison to process out. Because the charge was punishable by prison time it was considered a felony. Lost his gun rights and fought in the federal courts for many years to try to reclaim them. A bunch of money spent, at one time one court granted him relief, but another reversed it. I actually don't know how it ended up or even ended.

But, if the feds have you with a firearm you will wished you had fought the battle before hand. JMHO YMMV

Since I posted this, I did some searching and it looks like coance and others have got "gravel on the road" it just needs to develop or time to develop. Hope all the work done doesn't go to waste, but the feds have minds of their own along with an agenda
Good luck in your endeavors.

Hb 142 takes effect Aug 1

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Best news I have seen in a while.....HB 142...ACT-212 signed by Governor Edwards
2016 Regular Session

HOUSE BILL NO. 142
BYREPRESENTATIVESMIGUEZ,ADAMS,AMEDEE, ARMES, BACALA, BAGLEY,
BARRAS, BERTHELOT, BISHOP, CHAD BROWN, STEVE CARTER,
CONNICK, COUSSAN, CROMER, DAVIS, DEVILLIER, EDMONDS,
FALCONER, GAROFALO, GISCLAIR, GUINN, HAVARD, HILL, HORTON,
HOWARD, HUNTER, IVEY, MIKE JOHNSON, LOPINTO, MAGEE,
MCFARLAND, PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER,
SCHRODER, SEABAUGH, SHADOIN, STOKES, WHITE, WILLMOTT, AND
ZERINGUE
AN ACT
To amend and reenact R.S. 40:1379.3(C)(6) and (10), relative to concealed handgun permits;
to provide with respect to eligibility to obtain a concealed handgun permit; to
provide that persons convicted of certain offenses are not ineligible to obtain a
concealed handgun permit; to provide for applicability; to provide limitations; and
to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 40:1379.3(C)(6) and (10) are hereby amended and reenacted to read
as follows:
§1379.3. Statewide permits for concealed handguns; application procedures;
definitions
*
C. To qualify for a concealed handgun permit, a Louisiana resident shall:
* * *
(6) Not be ineligible to possess a firearm by virtue of having been convicted
of a felony. A conviction for a felony offense which has been expunged prior to
August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014,
pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered
a conviction for the purposes of this Paragraph if ten years have elapsed since the
completion of the resident's probation, parole, or suspended sentence. However, the
provisions of this Paragraph shall not apply to a conviction for a crime of violence
as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction
for which a person has been pardoned by the governor shall not be considered a
conviction for purposes of this Paragraph, unless that pardon expressly provides that
the person may not ship, transport, possess, or receive firearms.
* * *
(10) Not have been convicted of, have entered a plea of guilty or nolo
contendere to, or not be charged under indictment or a bill of information for any
crime of violence or any crime punishable by imprisonment for a term of one year
or greater. A conviction, plea of guilty, or plea of nolo contendere under this
Paragraph shall include an expungement of such conviction or a dismissal and
conviction set-aside under the provisions of Code of Criminal Procedure Article 893.
However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall
be permitted to qualify for a concealed handgun permit if fifteen or more years has
elapsed between the date of application and the successful completion or service of
any sentence, deferred adjudication, or period of probation or parole. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to
the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV
of the Code of Criminal Procedure shall not be considered a conviction for the
purposes of this Paragraph if ten years have elapsed since the completion of the
resident's probation, parole, or suspended sentence. However, the provisions of this
Paragraph shall not apply to a conviction for a crime of violence as defined in R.S.
14:2(B) even if that conviction has been expunged. A conviction for which a person
has been pardoned by the governor shall not be considered a conviction for purposes
of this Paragraph, unless that pardon expressly provides that the person may not ship,
transport, possess, or receive firearms.

It's a refreshing thing when I see our Legislators and Governor serve the citizens of Louisiana....Passing laws that matter.

Quite the change from the past...When all they could do was pass laws increasing the fines for throwing a cigarette out one's car window.

Thanks goes to Coance and Infringed. Goes into effect at midnight.

Federal law looks to state law where the crime occurred to determine whether all rights have been restored https://www.atf.gov/firearms/qa/if-...ffense-there-means-other-relief-have-firearms . If there are no restrictions on his civil rights or gun rights in the jurisdiction where the crime occurred; meaning all (keyword all) of his rights have been restored then Federal law will also acknowledge this restoration. This is also stated to an extent on the form 4473. If it is a federal felony only a few that I am aware of (rich white collar crimes) time out and restore the rights of the individual; one in particular (counterfeiting) is stated in the CCP law that restricts people convicted by the state for felonies in Louisiana who have had their rights restored. The ATF can also restore firearms rights, but the section charged with this task has been defunded https://www.atf.gov/firearms/qa/the...-or-her-right-receive-or-possess-firearms-and and now its turned into a dead end. He was denied because of LA rs 40:1379.3c10.

In short if the crime happened in Louisiana and he has had all of his rights restored including the right to obtain a CCP in Louisiana then his right to purchase a gun has been restored. However, if any right is restricted say if his gun rights were restored but he can only have long guns, or he can't hold public office then under federal law he is still prohibited. To the Federal government you have ALL rights or no gun rights.

nolaboy said:

Thanks goes to Coance and Infringed. Goes into effect at midnight.

Click to expand...

Coance and Infringed..... KUDOS for doing a great service to many

Like I said earlier...... I have much more respect for "the system" now than I had yesterday
Also..... I think by signing this bill.... Edwards showed he is a man of integrity.
All of this is refreshing on many levels.