certain Felons can own/possess/purchase firearms
- Thread starter firefighter9158
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United States v. Dupaquier was ruled on in 1996. Caron v. United States, 524 U.S. 308 (1998) came after that. Had the Caron v. United States ruling arrived prior to Dupaquier, the outcome regarding firearms would certainly not been in his favor.
how does that work? isn't there some kind of rule that doesn't allow 1 judgement to contradict the other?why does the caron judgement trump the dapaquier?
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I am not a lawyer, judge, or politician so I'm not formally trained on all of the ins-and-outs of the legal system (are they?). What I can tell you is that previous cases are used as reference or precedent in virtually every ruling.
If the Caron ruling came first, the prosecution would have used it to infer that Dapaquier was in violation of Federal law since the Louisiana CHP restriction activates the Gun Control Act's unless clause. The ruling in Dupaquier could have also taken the opposite approach. The court could have opined that Caron v. United States does not address optional, non-right based possession statutes and that the prosecutions inference was an overly broad interpretation.
but the caron case didn't come first and the ruling was that he was legal.so if their just able to jump over each other's heads on on judgments how are we suposed to trust any judgments that that they make??
either way i tyvm for your time and knowledge, guess i'll just have to try my luck and see how it turns out,if necessary guess i may just have to hire a lawyer to handle the matter,sounds to me they just make up the rules as they go.......(which is no big suprise from our government).
I suggest you seek out an attorney familiar with Louisiana law and the second amendment. Possibly an attorney familiar with State-Federal law conflicts. The complexity of this issue is difficult to explain without sorting through State, Federal, and opinion[1] laws.
[1] I'm referring to court opinions such as Caron v. United States where new laws are effectively created; or law´ (prime) if you will. There may be a name for this, or it may just be considered "clarification."
ok thx again you have been very helpful
Okay ive read the same thing but everyone is telling me im wrong. I have 1 shoplifting felony in 2010 completed sentance
And parole end of 2012. No violent battery misdemeanors or anything like that just one shoplifting misdemeanor as well when i was 18. So my crime isnt under 14:95 so all the articles ive read say my gun rights should be auto restored upon my completion of sentance auto without any governor assistance etc. Am i correct and if so why is everyone telling me they changed it i have to wait ten years as well even though my felony wasnt enumerated anywhere in the 14:95 exceptions? Any help would be greatly appreciated im sorry this pertains to 1st offender pardon
And parole end of 2012. No violent battery misdemeanors or anything like that just one shoplifting misdemeanor as well when i was 18. So my crime isnt under 14:95 so all the articles ive read say my gun rights should be auto restored upon my completion of sentance auto without any governor assistance etc. Am i correct and if so why is everyone telling me they changed it i have to wait ten years as well even though my felony wasnt enumerated anywhere in the 14:95 exceptions? Any help would be greatly appreciated im sorry this pertains to 1st offender pardon
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As per the way the Feds now view their opinion on the Caron case you cannot have any firearms rights unless you have 100% of your rights back from the state. If you go to the LSP website you will find that you do not qualify for a conceal license. Until you qualify for that you are not eligible to possess federally. The LSP website will list what needs to be done to qualify.
http://www.bayoushooter.com/forums/showthread.php?154434-Let-s-discuss-HB-142
http://www.bayoushooter.com/forums/...w-firearm-ownership-according-to-NICS-FBI-DOJ
These 2 threads are alot of reading but may help explain alot of it.
http://www.bayoushooter.com/forums/showthread.php?154434-Let-s-discuss-HB-142
http://www.bayoushooter.com/forums/...w-firearm-ownership-according-to-NICS-FBI-DOJ
These 2 threads are alot of reading but may help explain alot of it.
