certain Felons can own/possess/purchase firearms

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  • firefighter9158

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    Apr 20, 2009
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    Gonzales
    firearm

    Even though i can own/possess/purchase a firearm, i'm not able to receive a chp without the Gold Seal Pardon ! Pallnet was talking about felon's being able to possess firearms. we weren't discussing anything about chp's
     

    Nolacopusmc

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    Oct 22, 2008
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    Even though i can own/possess/purchase a firearm, i'm not able to receive a chp without the Gold Seal Pardon ! Pallnet was talking about felon's being able to possess firearms. we weren't discussing anything about chp's

    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


    I guess I read that wrong? :confused:
     

    dirk70301

    Jack of all trades
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    Nov 14, 2009
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    Thibodaux , LA
    This comes from the Louisiana State Police CHP site . "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition. So is there a differance between a firearm and a long gun ????? Here is the site , definition is about halfway down under Firearm Registration/Transfer Forms http://www.lsp.org/handguns.html
     
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    mbraud4

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    Mar 5, 2010
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    St. Amant
    (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.

    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)!
     
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    CloudStrife

    Why so serious?
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    Jan 5, 2010
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    It makes no sense that someone convicted of a non-violent "crime" should not be able to carry after serving their sentence. The whole probation period is non-sense anyway. If a person can't be trusted with a gun, why are they out of prison in the first place?
     

    mbraud4

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    Cmon I know I am not the only one to make a stupid mistake when I was younger. At least one of you guys must have filed for a permit from the sheriff to use a firearm. *crosses fingers*
     

    mbraud4

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    I have not filed yet. I just filed for my Article 893 and my lawyer(s) informed me about the methods of how to own a firearm now. If I have to wait until year 2020, then that is the price I will pay for my selfish act from 6 years ago...but I know I am a reformed citizen and hope that the government will see this and allow me to enjoy the privilege of owning a firearm. This after all is "Sportsman's Paradise"...would be a bummer to not enjoy a major aspect of "Sportsman's Paradise" until I am 35 or 36 years old. I have no violent history and have a great educational background. I am not sure what Jeff Wiley's stance is on this situation...I was hoping someone would chime in.
     

    Nolacopusmc

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    I have not filed yet. I just filed for my Article 893 and my lawyer(s) informed me about the methods of how to own a firearm now. If I have to wait until year 2020, then that is the price I will pay for my selfish act from 6 years ago...but I know I am a reformed citizen and hope that the government will see this and allow me to enjoy the privilege of owning a firearm. This after all is "Sportsman's Paradise"...would be a bummer to not enjoy a major aspect of "Sportsman's Paradise" until I am 35 or 36 years old. I have no violent history and have a great educational background. I am not sure what Jeff Wiley's stance is on this situation...I was hoping someone would chime in.


    :eek3: ewwwww...that is gonna hurt. LOL
     

    mbraud4

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    Yes once you lose the right to bare arms...it then becomes a privilege. Kids take my advice, do not break the law....no matter what all the cute girls in college tell you ;-)

    You really don't think of ALL the negative consequences from your decisions you make when you turn 18. It is not until years later after the fact that you open your eyes as to how poor your choices were. Some people are smart enough at 18 to stay out of trouble completely, semi-majority are just plain lucky enough not to get caught, and some make the wrong choices. Once you decide your path you can never go back...you can only go forward from there and better your thought process through your life experiences.
     

    mbraud4

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    I am not sure, but I assume I do from what I read. When I pled guilty it was with an agreement for a guaranteed Article 893 upon completetion of my probation with no problems whatsoever. I completed every part of my probation as was asked with no problems and never a failed drug test. I have never met Jeff Wiley, but I hope he is an understanding gentleman.
     

    jjh

    hello???
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    Ok if you got a 893 that is a full dismissal of the felony charge is that is the case you have no restrictions on firearm ownership just the fact that you cant get a CHP to do that you need a Gold Seal Pardon. BTW Jeff Wiley has nothing to say about if the court handed down the 893 as far as I can tell you are good.


    DEFINITION OF ARTICLE 893
    Any final disposition received on a conviction invoking Article 893 of the Louisiana Code of Criminal Procedures is to be processed as a dismissal of the charge.
     
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    mbraud4

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    From what my attorney told me the article 893 only erases the felony from public records. This is to help you with finding jobs and things of that such. You also regain your voting rights. You do not however regain your right to possess a firearm :-( Same goes with first time pardon, I do not think this reinstates your right to own a firearm. The only way to own one from my understanding is either wait 10 years to pass once you have COMPLETED your sentence/probation (for me that will be Jan of 2020) or you can write the Sheriff of your residing parish for permission to possess a firearm in which he then must notify the Dept of Public Safety and issue you a permit. From there I do not know the details on whether I can only possess a firearm in my parish (which would be a little silly since people target shoot at ranges across the state, and hunting is also done in different parts of the state...so I am not sure if you must get permission from each Sheriff of each Parish, etc.) But either way, I am not sure on the restrictions of what type of firearm you may have, etc. I am curious. I will eventually try this procedure and hope for the best but I wanted to get all my ducks in a row and make sure I do it in the right way. I was hoping someone had experienced this procedure before with positive results and maybe I could take some of their advice.
     

    Hardballing

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    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.

    But I'll bet you can't hold all the money they donated to the Governor in one hand. :)

    Jes sayin is all, and agreeing with you.
    Tim
     

    jjh

    hello???
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    “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.
     

    mbraud4

    Member
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    1   0   0
    Mar 5, 2010
    18
    1
    St. Amant
    “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.

    LA R.S. 14:95.1

    A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been 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 be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

    B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than fifteen years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.

    C. Except as otherwise specifically provided, this Section shall not apply to the following cases:

    (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.



    Therein lies the problem. I am no lawyer by any means but I have been googling and reading up as much as I can on this the past 24 hours.
     

    mbraud4

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    I do not see why someone convicted of a drug charge should not be able to possess a firearm after they have done their time and completed their sentence with no problem. I did not have a weapon when I was caught with drugs. Then I could see the problem. But just because you do not agree with the law or the way the laws are set up, does not mean you can abide by your own laws you set forth.
     
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