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Thread: certain Felons can own/possess/purchase firearms

  1. #61
    Marksman firefighter9158's Avatar

    Wait 10 years.

    I had to wait for 10 years to past, before i could own/possess/purchase a firearm. (Mine was a drug offense) RS14:95.1(c)1

  2. #62
    Newbie
    Did you ever attempt to ask the Sheriff for permission as quoted in a few posts above this?

  3. #63
    Marksman firefighter9158's Avatar

    no

    Never attempted to ask the Sheriff, he would not have approved it. So i just waited for the 10 years to past(arrest free) Now I have no firearm restrictions, except that i'm not able to rec. a chp, i tried but was denied . I o/c !

  4. #64
    Newbie
    I still have not heard back from my attorney on the matter. I have read up more and more. It is a little saddening that reformed and productive citizens can be expunged of their crimes and regain certain rights, but never the right to hunt, or protect their home and family. I am hoping to find some sense of justice and understanding through the justice system. I will try to keep everyone posted with my results.

  5. #65
    Marksman

    Premium Member
    Guys, I know Mike (mbraud4) and can attest to him being a good guy. I knew him for quite a while and knew him to be a stand up guy with his shit together before I knew about his past.

    It's a shitty situation for sure......I hope it works out.

  6. #66
    Dysfunctional Vet tea333's Avatar
    Back in the 1970's there was a federal sentencing option called the Youthfull Offenders Act. If the person arrested for a felony was under the age of 18 at the time of his/her arrest the judge, at his descression, could offer the defendant the choice between being sentenced as a Youthfull Offender or as an adult. Under the Youthfull Offender sentence the defendent would receive an indeterminant prison sentence but after completing prison time and with a good record on parole that persons entire arrest record would be sealed as if it never happened. This also means that the convicition would not even be available to the FBI and other state and federal agencies. With an adult sentence the defendant would do less prison time but the conviction would follow him for the rest of his life. These sentencing options, as far as I know, are no longer on the books but during the 1970's many convicted felons opted for the Youthfull Offender type of sentencing. Their records were sealed and constitutional rights restored, which included purchasing firearms and CCW permits, voting, etc. For the most part the crimes allowed under the Youthfull Offenders Act were drug charges and other nonviolent crimes. Major felonies like homicides and other violent crimes were generally not allowed these options in sentencing.
    Last edited by tea333; April 17th, 2010 at 01:30 PM. Reason: To include more pertinent information

  7. #67
    Marksman
    mbraud4- get your 893, then petition the court to expunge your record. Yes I am a convicted felon, yes I have had my firearms rights restored, yes I have a concealed carry permit, and yes I have purchased oodles of firearms legally. I have a court date in May to have my felony conviction vacated/sealed, then I will begin the paperwork for my FFL. It can be done.

  8. #68
    Newbie
    Quote Originally Posted by George View Post
    all convicted fenlons can carry a weapon.. this is how.

    either wait 10years after last day of time served or probation has ended. or when your time is served or probation has ended you can write a letter to the Sheriff of the Parish in which you residence to carry a weapon.
    Actually RS 14 95.1 only requires permission from the Sheriff while you are still under state supervision i.e. still on probation. This provision in RS 14 95.1 was included for seasonal hunting purposes. Once your sentence is completed though you no longer need the Sheriff's permision. A lot of people misinterpret that part of RS 14 95.1.

  9. #69
    D.R. 1827; HM; P100x3 dzelenka's Avatar
    There is a bill pending to change that.
    SUPPORT THE RIGHT TO KEEP AND BEAR ARMS
    JOIN THE LOUISIANA SHOOTING ASSOCIATION

    www.louisianashooting.com

  10. #70
    Newbie
    Quote Originally Posted by Glock27 View Post
    I work at the courthouse and I always tell them if you pled guilty to a felony charge you can't possess, buy, own a firearm. If you go to buy one, there not going to sell it to you, no matter what the charge, violent or not. And contrary to popular belief, a "first offender pardon" does NOT restore your guns rights.

    I have to leave Any interpretation of the law and what is and isn't to lawyers and judges.

    Any other questions, I will be glad to look Into it.
    What do you do at the court house? Obviously you're not a lawyer because everything you stated is only true if you are still within the 10 year statutory prohibition period prescribed in RS 14 95.1. US v. Dupaquier, 74 F. 3d 615 - Court of Appeals, 5th Circuit 1996 precludes felons with Louisiana convictions from prosecution under 18 USC 922 (g) (Federal law) as long as the felon does not possess a firearm until after the 10 year statutory limitation perscribed in RS 14 95.1 has run. Also it is interesting to note that RS 14 95.1 DOES NOT apply to Louisiana felony convictions which are not enumerated under that statute. So if a person is convicted of forgery, (not enumerated), such a person can own a firearm upon completion of their sentence and not have to wait 10 years. Under federal law Louisiana is known as a restoration state because for the purpose of 18 USC 921 (a) (20), Article 1, Section, 20 of the Louisiana Constitution restores civil rights essentially within the meaning of 18 USC 921 (a) (20). See US v. Dupaquier.
    Last edited by Bob8408; June 3rd, 2010 at 09:28 PM.

  11. #71
    Newbie
    Quote Originally Posted by jjh View Post
    “Automatic” first-offender pardon: Both the Louisiana Constitution of 1974 and the state’s criminal code recognize a second type of pardon for some convicted felons - the so-called “automatic” first-offender pardon.
    The second sentence of Article 4, Section 5(E)(1) of the constitution states that a “first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the governor.”
    The statutory equivalent of this provision is La. R.S. 15:572(B), which states that “a first
    offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.”
    In this instance, “first offender” is defined in 15:572 (c) as meaning anyone convicted in Louisiana of a felony, “but never previously convicted of a felony within this state or convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would have been a felony, regardless of any previous conviction for any misdemeanors.”
    This type of pardon has been recognized by Louisiana courts as restoring the basic rights of citizenship discussed in Art. 1, Sec. 20 of the state constitution. These include the right to vote, the right to work, the right to hold public office, and the right to possess firearms (subject, of course, to 14:95.1 restrictions). However, the “automatic” type of pardon does not restore the status of innocence conferred by a gubernatorial pardon. State v. Adams, 355 So. 2d 917, n3 922 (1978).
    At its most basic level, this type of pardon appears to be almost administrative in function. La. R.S. 15:572(D) states that, upon the day an individual completes his sentence, “the Division of Probation and Parole of the Department of Corrections, after satisfying itself that (1) the individual is a first offender as defined herein and (2) the individual has completed his sentence shall issue a certificate recognizing and proclaiming that the petitioner is fully pardoned for the offense and that he has all the rights of citizenship and franchise, and shall transmit a copy of the certificate to the individual and to the clerk of court in and for the parish where the conviction occurred.”
    There are several considerations that go along with this type of pardon. Besides restoring just the rights (and not the privileges) of citizenship, it is also a one-time-only affair. La. R.S.
    15:572(D).
    In addition, this type of pardon does not wipe the slate clean, as would a gubernatorial pardon; the status of “innocence,” thus, is not restored. State v. Adams, 355 So.2d 917, n3 922 (1978). In the event of a future conviction, a person pardoned under Art. 1, Sec. 20 of the Constitution, as well as under La. R.S. 15:572(B), could have the previously pardoned conviction considered in adjudicating the person as a multiple offender.
    A review of the language of both the constitutional provisions and state law regarding “automatic” first-offender pardons suggests that a person convicted of a non-violent crime (which really doesn’t include many 14:95:1 offenses) or of one of the 14:95.1 crimes mentioned in the second sentence of Art. 4 Sec. 5(E)(1) of the state constitution – aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities may avail themselves of this type of pardon, which would restore the right to legally own a gun. Those convicted of the majority of crimes listed in La. R.S. 14:95.1, however, would probably have little luck availing themselves of this type of pardon as a means of restoring gun ownership rights.
    Indeed, the state Supreme Court, in State v. Wiggins, 432 So.2d 234 (1983), ruled that La. R.S. 14:95.1 does not exist in opposition to the first-offender pardon provision, and that it may still preclude someone who receives an “automatic” first-offender pardon from legally owning a weapon. In this case, the Supreme Court said that it is within the state’s right to use its police power to limit the “rights of citizenship” normally restored by an “automatic pardon.” In Wiggins, the Louisiana Supreme Court held that the prohibitions contained in La. R.S. 14:95.1
    still applied to a person who received an automatic pardon. Their reasoning was simple: the “automatic pardon” did not erase the fact that the defendant had been convicted of a serious crime, nor did it change his status as a convicted felon.
    Therefore, while it does restore the basic rights of citizenship, this type of pardon might not be very helpful to a person convicted of an offense enumerated under La. R. S. 14:95.1. However, there are still a few other options available under La. R. S. 14:95.1 for those convicted of a crime enumerated under that statute.
    The first offender pardon does not restore the right to own a firearm. In fact it will state this right on the pardon if your crime is enumerated in RS 14 95.1 and you are restricted by it. Also RS 14 95.1 actually does not affirmatively restore firearm rights. It prohibits the possession of a firearm by certain felons BUT the restriction only lasts for 10 years. Once the 10 year restriction expires then the law no longer applies and the felon is no longer prohibited from owning a firearm. There is a lot of confusion about this because the law is complicated. However the OP is correct in his assertion that he is not prohibited.

  12. #72
    Newbie
    Quote Originally Posted by nickatnite View Post
    What if someone gets an article 894 is it (?), that sets aside any arrest and will only show an arrest.
    That would be the closest thing to a gold star from the Gov or is the one you pointed only for felony crimes and not misdemeanors?
    There is no Louisiana law or provision other than a Governers pardon that will remove the 10 year restriction under RS 14 95.1. However if your crime is not an enumerated offense under RS 14 95.1, this law does not apply to you and you can own a firearm upon completion of your sentence.
    Last edited by Bob8408; June 3rd, 2010 at 08:56 PM.

  13. #73
    Newbie
    Quote Originally Posted by mbraud4 View Post
    Has anyone ever attempted the 2nd option here? I will give a bit of background information. Back when I was 19 yrs old in college, I was arrested and pled guilty to possesion of cocaine. I was a young immature kid new into the college scene and made some really bad choices. Since that time I have turned my life around. I have paid my debt back to society by serving my probation sentence with no problems whatsoever, I have paid back restitution to the state, I attended a drug rehabilition program run by the state which I completed before pleading guilty, I was ordered to do 100 hours of community service (I ended up putting in around 150+), and I had re-enrolled back into college for 2 semesters before my fiance gave birth to my daughter 3 years ago. At that point in school I had made honors list and then deans list 2nd semester. I had to withdraw from school to run a family business in order to support my newborn.

    I have now completed my probation and have filed for my article 893 (or is it 894 for felony charge) which was guaranteed to me with my guilty plea. I found out that I do not regain my gun rights which is understandable. I was considering applying to the Sheriff to own a firearm. I understand why these laws are in place and respect them. I was wondering how difficult it is to attempt to regain your gun rights from this 2nd method. Has anyone had experience in this procedure? I reside in Ascension Parish. Will this only allow me to go hunting only or does it allow me to protect my family at home? Any info from those experienced in these matters would be much appreciated.

    Thanks in advance guys (and gals)!
    If you are restricted from owning a firearm in anyway my advice is DO NOT POSSESS A FIREARM! The reason I state this is because federal law probably will not recognize a temporary shariffs permit as removing the state firearm restriction and as long as you are prohibited by the state you are prohibited by the feds. Best to wait the ten years and then you will be safe under both state and federal law. Also remember that the ten years starts to run ONLY AFTER you complete your sentence. Consult a lawyer before you do anything. DO NOT rely on advice from this forum. Such advice is dangerouse advice.

  14. #74
    Newbie
    Quote Originally Posted by dzelenka View Post
    There is a bill pending to change that.
    Change it how? Can you post the name of the bill or a link? This reminds me of somthing else very important that firefighter and others should take not of. Keep tabs on any changes to RS 14 95.1. If the Louisiana legislature were to change that law to restrict felons from ever owning firearms, would not surprise me a bit, then you will suddenly find yourself in violation of not only Louisiana law but federal law as well. Talking about double trouble. There are people serving "consecutive" state and federal prison sentences because they were stupid enough to possess a firearm while restricted from doing so.

  15. #75
    Newbie
    Quote Originally Posted by firefighter9158 View Post
    Any opinions on certain Felons being able to own/purchase/possess firearms ?
    Firefighter I'm glad to hear you can enjoy your 2nd amendment right to own firearms again but please be aware that cops are not lawyers. Most do not have a full understanding of either state or federal laws regarding felons and firearms. I've met a lot of cops who think that you still have to have a Sheriffs permit even after the 10 years under RS 14 95.1 has run. Most of them interpret the law wrong and don't have a full understanding of it and unfortunately as long as you are still a felon they can arrest you for possession of firearm. You can't be prosecuted of course but they don't know that and all they need to see is that you are a felon with a firearm and I'm almost certain, I'm not an expert, that they can arrest you. As I stated they can't prosecute you but being arrested could cause you a lot of headache. I'm not trying to be a know it all so please don't take this the wrong way. I'm just trying to give you a friendly heads up. Please consult an attorney on this and hopefully prove me wrong.

  16. #76
    Marksman firefighter9158's Avatar
    Thanks for your concern, however I possess a Cert. Letter from the F.B.I stating that I have NO firearm restrictions, just in case I come across some uneducated L.E.O. I carry this document 24/7. My attorney advises that should they arrest me after being given the document from the F.B.I, They will be in for a very costly suit. Hope it never comes to this,though.

  17. #77
    Newbie
    Quote Originally Posted by firefighter9158 View Post
    Thanks for your concern, however I possess a Cert. Letter from the F.B.I stating that I have NO firearm restrictions, just in case I come across some uneducated L.E.O. I carry this document 24/7. My attorney advises that should they arrest me after being given the document from the F.B.I, They will be in for a very costly suit. Hope it never comes to this,though.
    You're probably ok with the FBI letter. I am curious though about this N.I.C.S. number you mentioned. What did you have to do to get it?

  18. #78
    Instructor
    Site Sponsor
    Bearco's Avatar
    Quote Originally Posted by sinebar View Post
    Change it how? Can you post the name of the bill or a link?
    HB1260
    Provides with respect to the possession of a firearm or carrying a concealed weapon by a person convicted of certain felonies
    Defensive Firearms Training and CHP Certification
    www.BearcoTraining.com
    Facebook.com/bearco

  19. #79
    Newbie
    Quote Originally Posted by BearIT View Post
    HB1260
    Provides with respect to the possession of a firearm or carrying a concealed weapon by a person convicted of certain felonies
    Thanks for the link. The changes aren't really significant. I couldn't imagine any Shariff granting a felon who is still on parole or probation a permit to possess a firearm which by the way would still most likely have place such a felon in violation of federal law. It's strange though that they omitted the section (unless otherwise specifically provided this section etc.). This provision I believe gave the state the option of prohibiting a felon from ever owning a firearm. But I could be wrong about that.

  20. #80
    Marksman firefighter9158's Avatar
    Quote Originally Posted by sinebar View Post
    You're probably ok with the FBI letter. I am curious though about this N.I.C.S. number you mentioned. What did you have to do to get it?
    Just simply ask for a application at any firearms dealer , fill it out,send it in . It takes about 6 weeks to get your #.

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