certain Felons can own/possess/purchase firearms

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  • homeslice

    Be honest.
    Rating - 100%
    87   0   0
    Mar 13, 2009
    1,901
    38
    St. Charles Parish
    I think that opening up this to certain felons would create unnecessary loopholes worsening our cause for less gun control. Blanket solution (in this context) is the best solution.
     

    Top Kek

    Well-Known Member
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    5   0   0
    Sep 12, 2006
    191
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    nola
    if you can have it expunged, like bouncing a check and then rectifying the situation after the court dragged you through the whole legal process and bent you over its knee, then sure, i see no big deal. but then hey, you're not a felon anymore since it was expunged.
     

    dzelenka

    D.R. 1827; HM; P100x3
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    6   0   0
    Mar 2, 2008
    4,013
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    Covington
    I don't know if it is true today, but at one time certain white collar felonies like mail fraud were exempt from the federal prohibition statute.
     

    PAPACHUCK

    Certified Gun Nut
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    33   0   0
    Sep 21, 2006
    1,383
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    Outside Slidell
    What part of shall not be infringed do you not understand. If someone is incarcerated, they cannot possess firearms. If/when they are released into public, all the rest of their rights are restored, so why not their right to self protection. If they are a danger to society, then keep them locked up.

    I also question what constitutes a "felony" these days.
     

    Geardo

    Well-Known Member
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    6   0   0
    Jul 27, 2009
    868
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    Carencro
    What part of shall not be infringed do you not understand. If someone is incarcerated, they cannot possess firearms. If/when they are released into public, all the rest of their rights are restored, so why not their right to self protection. If they are a danger to society, then keep them locked up.

    I also question what constitutes a "felony" these days.


    I agree with this. Most felonies today are ******** violations anyway. Real felonies should be punished by death, things like armed robbery, attempted murder, car theft, these all should have a minimum punishment of death. Political crimes like drug offences, are repugnant to the constitution.
     

    smith625

    REVOLVER DRIVER
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    36   0   0
    May 12, 2008
    2,923
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    port vincent louisiana
    What part of shall not be infringed do you not understand. If someone is incarcerated, they cannot possess firearms. If/when they are released into public, all the rest of their rights are restored, so why not their right to self protection. If they are a danger to society, then keep them locked up.

    I also question what constitutes a "felony" these days.

    Great post!
     

    david210

    Well-Known Member
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    13   1   0
    May 12, 2008
    172
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    Prairieville
    95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

    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 possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, 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.

    D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

    Added by Acts 1975, No. 492, §2. Amended by Acts 1980, No. 279, §1; Acts 1985, No. 947, §1; Acts 1990, No. 328, §1; Acts 1992, No. 403, §1; Acts 1994, 3rd Ex. Sess., No. 28, §1; Acts 1995, No. 987, §1; Acts 2003, No. 674, §1; Acts 2009, No. 154, §1; Acts 2009, No. 160, §1.
     

    bearfutedninja

    coming soon
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    17   0   0
    Mar 16, 2009
    1,946
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    lafayette
    A guy I know got the short end of the stick with this. When he was 18 or 19 under cover officer tried to buy some drugs from him. He said no i dont mess with that. The under cover asked do you know where I can get some. He pointed to some guys across the club that were notorious for selling drugs. He didnt know them just knew of them. He got arrested as well as the guys selling drugs. He cannot posses a firearm now. Im not sure but he said something about ten years maybe before he was able to own one.
     

    PAPACHUCK

    Certified Gun Nut
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    33   0   0
    Sep 21, 2006
    1,383
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    Outside Slidell
    A guy I know got the short end of the stick with this. When he was 18 or 19 under cover officer tried to buy some drugs from him. He said no i dont mess with that. The under cover asked do you know where I can get some. He pointed to some guys across the club that were notorious for selling drugs. He didnt know them just knew of them. He got arrested as well as the guys selling drugs. He cannot posses a firearm now. Im not sure but he said something about ten years maybe before he was able to own one.

    See LRS 14:95.1(C)(1)
     

    firefighter9158

    Well-Known Member
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    4   0   0
    Apr 20, 2009
    403
    16
    Gonzales
    A guy I know got the short end of the stick with this. When he was 18 or 19 under cover officer tried to buy some drugs from him. He said no i dont mess with that. The under cover asked do you know where I can get some. He pointed to some guys across the club that were notorious for selling drugs. He didnt know them just knew of them. He got arrested as well as the guys selling drugs. He cannot posses a firearm now. Im not sure but he said something about ten years maybe before he was able to own one.
    That's correct, I was arrested for dist. of mdma(drugs) given 5 years in D.O.C, served 6 months, got out of jail,completed all probation etc. waited for my 10 years to past (arrest free). I now can own/purchase/possess firearms (R.S 14:95.1(C)(1). I Believe everyone should have a second chance.
     
    Last edited:

    Cat

    *Banned*
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    0   0   0
    Jan 5, 2009
    7,045
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    NE of Alexandria, Cenla
    Depends on the felony.

    Aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape - Probably not a good gun owner

    Some 19 year old kid that downloaded a bunch of stuff on napster and got nailed with felony charges who is now 28 and has a family, pays taxes, etc - should be able ot own a gun

    +1

    I don't know if it is true today, but at one time certain white collar felonies like mail fraud were exempt from the federal prohibition statute.


    In the late 80's a real good friend of Dad's owned a nice little business, a ranch in Texas, a beautiful home. He got a little too artistic with his taxes and went to prison for a couple years on a felony.

    He had to receive a pardon to own firearms again and all of his was 100% white collar crimes. As harmless as Santa Claus, had a great heart, loved animals to death. Do anything for his dogs. His pardon IIRC came through with no problem. Last I heard he's back on top, but it certainly tripped him up for a while.

    ETA: I was 10, maybe.. when he went to jail so something else may have not allowed him to own a firearm. But if it did, I never heard about it even after growing up.
     
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    George

    Don't tase me bro!
    Rating - 100%
    28   0   0
    Sep 18, 2006
    1,493
    38
    Denham springs
    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.
     

    Glock27

    Well-Known Member
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    0   0   0
    Apr 8, 2008
    126
    16
    Baton Rouge
    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.
     
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    CloudStrife

    Why so serious?
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    0   0   0
    Jan 5, 2010
    3,156
    36
    Baton Rouge, LA
    Real felonies should be punished by death, things like armed robbery, attempted murder, car theft, these all should have a minimum punishment of death. Political crimes like drug offences, are repugnant to the constitution.

    This is idiotic. Since when is it right to put someone to death over material possessions?
     

    firefighter9158

    Well-Known Member
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    4   0   0
    Apr 20, 2009
    403
    16
    Gonzales
    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.

    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)
     

    VeedUp

    Well-Known Member
    Gold Member
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    54   0   0
    Oct 15, 2007
    3,329
    38
    Destrehan, La.
    What part of shall not be infringed do you not understand. If someone is incarcerated, they cannot possess firearms. If/when they are released into public, all the rest of their rights are restored, so why not their right to self protection. If they are a danger to society, then keep them locked up.

    I also question what constitutes a "felony" these days.

    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.
     
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