Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

[reath1]

Anything new on this guys?

 

[infringed]

No, but the 2015 Legislative session has begun. I implore you to work with your representatives to make changes to the CHP law to correct this miscarriage.

 

[jmcrawf1]

I didn't realize we had so many felons in here.


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[alpinehyperlite]

miscarriage.

I didn't realize we had so many felons in here.


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It took someone comparing the loss of an unborn child to the crimes they have committed in the past to realize this?!?!?

 

[infringed]

It took someone comparing the loss of an unborn child to the crimes they have committed in the past to realize this?!?!?

While I don't want to derail the discussion, I suggest you might find a dictionary helpful.

You may not agree that someone's right to bear arms should be restored in various circumstances, but it is what voters wanted. This issue boils down to the process and affect of Louisiana law being tossed aside. Regardless of the subject matter, we should all be concerned about that practice.

 

[323MAR]

Obama has legislated by executive order several times. I do not agree with Obama on ANYTHING, so I disagree with this decision by default alone.

 

[coance]

I have been in constant communication with my representatives and would hope everyone else is.

 

[nolaboy]

I was also denied the first time I applied for a CHP. Because of a past conviction, and I do mean past, 32 years to be exact. I had the first offender pardon, conviction set aside and all the rest. The only way to get a CHP after a conviction is to go before the pardon board and hopefully they will rule in your favor. Then, the paperwork goes to Governor Jindal and he can either grant or deny a pardon at his discretion. He gives an average of seven pardons per year. I was blessed enough to have receive one. I am now the proud recipient of a Governor's Pardon and a CHP. God Bless You Governor Jindal.

Wow lucky you......if you really had it signed. I have had a Pardon sitting on his desk for a few years now. I am sure it has worked its way to the bottom of the stack by now. I have also received a LA's FOP waited 10 years and filed motions to expunge. I haven't had any run ins with the law in about 15 years 11 since CoS, but since he hasn't signed it I haven't even attempted to get a CHP. Maybe he will sign it one day.......maybe not. At this point I have given up on waiting. How long did it take him to actually sign yours?

 

[nolaboy]

To my reading of Caron (oilfield hand and not a lawyer), it just deals with possession and not the manner of carry. With OC legal in the state there is no place a CCP holder can carry that a non-holder can't, only whether it's visible or not, unless I'm mistaken. I think the quickest way to get some action on this would be for someone to apply for a CCP, and after their denial file a civil suit. That person would be putting himself out there and it would probably be very expensive, though.

LOL if I had the money I would do it.....but money is the key ingredient.

 

[charlie12]

You cannot open carry in a restaurant that serves alcohol, but you can CCW with a CHP.

You cannot walk within 1000' of a school while OC, but can be within 1000' if CCW with a CHP.

Yep

 

[nolaboy]

 

[nolaboy]

I plead guilty to a felony and the imposition of the sentence was deferred under Article 893. After completing the required probation and paying fines, the charge was set aside and the prosecution dismissed it under Article 893. Following that, the record was expunged.

Fast forward 10 years.

I've gone round and round with NICS and was successful in receiving a UPIN after various Proceed, Delay, and Denials. The UPIN was granted after sending fingerprints and court documents as requested. Several purchases went through without a problem.

Recently, I was given a proceed during a purchase at an FFL. A day later I got a call saying I was denied and had to return the firearm. Flabbergasted, I requested a reason and appealed. The reason was the same as the original one I got before getting the UPIN. I thought it was just a mistake. A few weeks later, I get a letter stating that an individual convicted of a felony in Louisiana is prohibited under state law from obtaining a Concealed Carry Permit per Louisiana Revised Statute 40:1379.3(C) (10). I knew this, never liked it, but do not see how it restricts ownership (no does my attorney). The letter goes on to state that if a state imposes a partial restriction on an individual's ability to carry or possess one or more types of firearms by a convicted felon, even after basic civil rights have been restored, the individual remains convicted for the purposes of the Gun Control Act. They reference Caron v. United States, 524 US 308 (1998). They state that this prohibition remains valid for cases sentenced under Louisiana Code of Criminal Procedure Article 893, and which have received a set aside, dismissal, and/or expungement.

This is contrary to all other information I have found regarding the intent of Article 893's expungement and restoration of rights:

May I ask you what you were convicted of? Please feel free to PM if you need to.

 

[nolaboy]

Just for clarification to problem arises from these 2 statutes correct? This is for my understanding, and for anyone else who does not understand.



RS 14:95.1
http://legis.la.gov/Legis/law.aspx?d=78740
C. 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.


RS 40:1379.3
http://legis.la.gov/Legis/law.aspx?d=97451
(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 an expungement of such conviction or a dismissal and conviction set-aside under the provisions of Code of Criminal Procedure Article 893. However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall be permitted to qualify for a concealed handgun permit if fifteen or more years has elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole.

 

[coance]

If I am correct I think the problem is only with 40:1379.3 (10)

 

[nolaboy]

If I am correct I think the problem is only with 40:1379.3 (10)

But what I don't understand is if you were convicted of an offense that falls under 14:95.1 how does 40:1379.3 relate to it. Specifically on the Louisiana legislature website it states that 14:95.1 relates to Possession of firearm or carrying concealed weapon by a person convicted of certain felonies. All 40:1379.3 is is the CHL application procedures.

 

[coance]

As far as I can see they just kinda use whatever they want as far as laws are concerned
The Feds are considering your restriction of a privilege as way a way to restrict your rights. In my opinion they are stretching it as far as they can to try to restrict as many people as possible.
This is why we need to have the state law (40:1379)changed.

 

[nolaboy]

I have been patiently waiting for ten years only to go and be denied because of this new confusing interpretation of the law. I've paid my debt to society a long time ago. So why am i still being punished! WHAT DO WE NEED TO DO?

We need to organize. We have the right to vote. We need to start calling on our legislature to fix this.

 

[coance]

I for one have been in contact with all of my reps.
I think this is the only way to fix this long term.

 

[jmcrawf1]

We need to organize. We have the right to vote. We need to start calling on our legislature to fix this.

Lol we are supposed to all be outraged at the plight of the felon.

You guys never once specified what felonies ya'll were convicted of.

Other than drug crimes, felonies aren't victimless. Maybe the gov't is looking out to make sure ya'll don't prey on anyone else.


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[coance]

No you should be outraged by the plight of someones rights being taken away. Dont forget the state actually says that we have had our rights restored. The FEDs have taken them away because we are being denied a privilege, a CHP.
If you dont think this is just a stepping stone then that is your opinion. Cant argue that one way or the other. I will say if you think that the government is "looking out" for anyone but themselves that our opinions differ greatly.
Louisiana already restricts certain people for a certain amount of time. They do this with 14:95.1.
I as many others would just like my rights back that the state has given me.