certain Felons can own/possess/purchase firearms

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  • jjh

    hello???
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    17   0   0
    Aug 25, 2007
    253
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    Covington, La
    “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.
     

    Glock27

    Well-Known Member
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    0   0   0
    Apr 8, 2008
    126
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    Baton Rouge
    Glock27 you are NOT correct ! If you meet the requirements you can possess/purchase firearms, I pled guilty to dist. of mdma, served 6mo.in jail,got out, completed all probation etc. waited 10 years. I have purchased several firearms. Also have a N.I.C.S #. and a letter from the F.B.I stating i have NO firearm restrictions. SEE-RS 14:95.1(C)(1)

    I'm going to check into it today. Did you have to get some kind of paper work stating you had no firearm restrictions? I get this question all the time.
     

    firefighter9158

    Well-Known Member
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    4   0   0
    Apr 20, 2009
    403
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    Gonzales
    I'm going to check into it today. Did you have to get some kind of paper work stating you had no firearm restrictions? I get this question all the time.
    Hi, No the paper work was not necessary. after my 10 years pasted i went to purchase a pistol, after filing the fed. firearms app. with the dealer i got a ''delay''. The clearence or approval took 2 days. So i applied for a N.I.C.S #, which i received from the F.B.I. They(F.B.I) sent a letter with my N.I.C.S #, in the letter it sates that i have NO firearm restrictions. Now when i purchase a firearm, i put my N.I.C.S # on the app. and i get approval at that time. (No delay). The letter only comes ,when you are given a N.I.C.S #.
     

    firefighter9158

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    Apr 20, 2009
    403
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    Gonzales
    I've seen people change, and if you could be a productive taxpaying member of society for a span of ten years with no new felony arrest. Why not at least let him posses a firearm at home only, so he would at least be able to protect his family and property.

    Why ''at home only'' ? Do you not, go out in public with your family ? You should be able to protect your family 24/7. No matter where your at. Thats why i carry mine everywhere. I'd rather have it,and not need it ! Than need it , and not have it !.
     

    George

    Don't tase me bro!
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    28   0   0
    Sep 18, 2006
    1,493
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    Denham springs
    I'm going to check into it today. Did you have to get some kind of paper work stating you had no firearm restrictions? I get this question all the time.

    (1) The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

    (2) Upon completion of sentence, probation, parole, or suspension of sentence the convicted felon shall have the right to apply to the sheriff of the parish in which he resides, or in the case of Orleans Parish the superintendent of police, for a permit to possess firearms. The felon shall be entitled to possess the firearm upon the issuing of the permit.

    (3) The sheriff or superintendent of police, as the case may be, shall immediately notify the Department of Public Safety, in writing, of the issuance of each permit granted under this Section.
     

    pallnet

    I like chicken..
    Rating - 50%
    2   2   0
    Nov 5, 2009
    28
    1
    Slidell
    I have a good question along these lines.

    Anyone here or anyone here that knows of someone that was pardoned and then aquired a concealed carry permit once he/she waited out the cleansing period?
    pallnet
     

    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    I have a good question along these lines.

    Anyone here or anyone here that knows of someone that was pardoned and then aquired a concealed carry permit once he/she waited out the cleansing period?
    pallnet

    you will not ever get a LA CHP if you ever had or have a felony conviction. The only exception is a Governor's Gold Seal Pardon, because it re-establishes "innocence" rather than just rights.

    So says the people who issue the permits.
     

    PAPACHUCK

    Certified Gun Nut
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    33   0   0
    Sep 21, 2006
    1,383
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    Outside Slidell
    you will not ever get a LA CHP if you ever had or have a felony conviction.

    So says the people who issue the permits.

    14:95(1) The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.


    Hmmmmm............
     

    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
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    New Orleans, LA
    14:95(1) The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.


    Hmmmmm............

    Your heart was in the right place, just not your Google. ;):D

    That is the state law for being charged with illegally carrying a concealed firearm. I am saying you will never get a permit if you have ever had a felony due to the fact that the permit is a right. It is somewhere in the 40:1379 code I believe, but when talking with LSO, I was advised any felony conviction of any crime is a no go.

    http://www.lsp.org/pdf/chRuleBook08.pdf

    Page 15


    8. 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 a dismissal and conviction set aside under the provisions of Code of Criminal Procedure, Article 893;
     

    nickatnite

    Crybaby Hater...
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    65   0   0
    Jun 27, 2007
    3,188
    36
    Prairieville, La
    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?
     

    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    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?

    If it has a prison term of a year or more and / or hard labor, it is generally a felony.

    The felony can only be ignored if you have a "governor's gold seal pardon." Now I am no expert on the pardons and all, but I am willing to bet you can count on one hand the people who have received those.

    As far as the 894 thing, where they get you, is the question asks "Have you EVER BEEN ARRESTED" once you answer yes, from there you have to explain the final disposition.

    I am not positive, but I believe an 894 still counts for legal purposes as a conviction..I COULD BE WRONG. (I should know, I got enough of them as a kid for speeding:eek3:)

    In the link I posted below, it also speaks of XXX numbers of arrests for specific misdemeanors. Even if not convicted, 3-4 arrests i think in a certain time period is a dis qualifier.
     

    Bearco

    Instructor
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    92   0   0
    Apr 26, 2008
    4,649
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    Covington
    40.1379.3

    C. To qualify for a concealed handgun permit, a citizen shall:

    (1) Make sworn application to the deputy secretary of public safety services of the Department of Public Safety and Corrections. The providing of false or misleading information on the application or any documents submitted with the application shall be grounds for the denial or revocation of a concealed handgun permit. The application shall reflect training in pistols, revolvers, or both. Any permittee under this Section shall notify the department of any address or name change within thirty days of the change. Failure to timely notify the department of a name or address change may result in suspension of the permit for up to thirty days.

    (2) Agree in writing to hold harmless and indemnify the department, the state, or any peace officer for any and all liability arising out of the issuance or use of the concealed handgun permit.

    (3) Be a resident of the state and have been a resident for six months or longer immediately preceding the filing of the application.

    (4) Be twenty-one years of age or older.

    (5) Not suffer from a mental or physical infirmity due to disease, illness, or retardation which prevents the safe handling of a handgun.

    (6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony.

    (7) Not have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be presently charged under indictment or a bill of information for such an offense.

    (8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.

    (9) Not have entered a plea of guilty or nolo contendere to or been found guilty of a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have elapsed since completion of sentence or any other conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the date on which the application is submitted.

    (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 a dismissal and conviction set-aside under the provisions of Code of Criminal Procedure Article 893.

    (11) Not be a fugitive from justice.

    (12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs.

    (13) Not have been adjudicated to be mentally deficient or been committed to a mental institution.

    (14) Not be an illegal alien in the United States.

    (15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-martial is deemed to be disqualifying under this Paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an armed force.

    (16) Not have a history of engaging in violent behavior. There shall be a rebuttable presumption that an applicant has a history of engaging in violent behavior upon proof that, within a ten-year period immediately preceding the date of the application, the applicant has been arrested or charged on three or more occasions for any crime of violence as defined in R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of violence that may be punished by death.

    (17) Not be ineligible to possess a firearm under 18 USC 922(g).
     

    pallnet

    I like chicken..
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    2   2   0
    Nov 5, 2009
    28
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    Slidell
    So lets see, firefighter got a letter from the feds stateing that he has no firearm restrictions and he got this because of his first offenders pardon which restored his rights. If he applies for a concealed permit he will be declined because he didn't get his rights back completely and the letter from the feds is not as truthful as the feds made it out to be?
    Firefighter did you apply for a concealed permit yet to see if you can get one?

    Fact:
    1) One can get all of their rights back with a first offenders pardon.
    -We're not 100% sure if a person can get the concealed carry permit after having a first offenders pardon, unless I missed that part.
    2) Most police offices and sheriffs will not give you the letter. If you ever sat in the court room at a clemancy hearing then you will know this is true.
    3) Pardons are not granted to just anyone. Even first offender pardons are not just handed out.

    This is good info, did I miss anything?

    pallnet
     

    Nolacopusmc

    *Banned*
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    Oct 22, 2008
    8,348
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    New Orleans, LA
    So lets see, firefighter got a letter from the feds stateing that he has no firearm restrictions and he got this because of his first offenders pardon which restored his rights. If he applies for a concealed permit he will be declined because he didn't get his rights back completely and the letter from the feds is not as truthful as the feds made it out to be?
    Firefighter did you apply for a concealed permit yet to see if you can get one?

    Fact:
    1) One can get all of their rights back with a first offenders pardon.
    -We're not 100% sure if a person can get the concealed carry permit after having a first offenders pardon, unless I missed that part.
    2) Most police offices and sheriffs will not give you the letter. If you ever sat in the court room at a clemancy hearing then you will know this is true.
    3) Pardons are not granted to just anyone. Even first offender pardons are not just handed out.

    This is good info, did I miss anything?

    pallnet


    1. Being a firefighter has nothing to do with it.
    2. Letter from FEDS gave him his rights back, but getting a CHP is a privelage regulated by the state and the state's rules...like a driver's license.
    3. YOU CANNOT GET A PERMIT IF YOU EVER HAD ANY FELONY CONVICTION UNLESS YOU HAVE A "GOVERNOR'S GOLD SEAL PARDON...period. That is what I was told by the guy who stamps the permits APPROVED or REJECTED....and I posted the statute and then BEARIT posted it again for those who could not follow the link I posted. ;)
    4. A pardon is completely different than a re-instatement of rights.


    ETA: #1-Sorry did not realize you were referring to OP. Thought you were speaking about a hypothetical firefighter friend...;)
     
    Last edited:

    Bearco

    Instructor
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    92   0   0
    Apr 26, 2008
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    Covington
    The only pardon that I have read went something like this (really it probably went nothing like this, but you get the idea)...

    ....hereby by pardons John Q public for.... and restores all rights.....
    .
    .
    This pardon does not restore the right to possess a firearm. Only the chief LEO can restore this right after him being satisfied that all duties have been met.
     

    firefighter9158

    Well-Known Member
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    Apr 20, 2009
    403
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    Gonzales
    Answer to Question

    Yes, I did apply for a CHP, yep ! Rejected, went all the way to the top with a hearing in front of a judge ! NO luck, The only way to receive a chp is a "Gold Seal Pardon".
     

    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    #10 ,IMO, goes against the spirit of 14:95(1). #6 & #17 should be adequate to prevent felons without their firearm rights having been restored from getting a permit.

    I agree 100%. And, it is lifetime, so something you did as an 18 year old 30 years ago, prevents you from having a concealed firearm. Can still have a firearm, just not concealed. It defies logic and reason.
     
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