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

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    Gungrabishere14

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    My rights were restored in 2010 after waiting 10yrs 8 months, b/c Marijuana felony . at the same time I was issued a upin from the feds. I called then head of LSP ccw Mr Revis I believe and inquired about a CCW and he told me it was a privilege and that even though I could buy any weapon or open carry I could not obtain a LA ccw. So I went on vacation to FL and got one no problem. Fast forward to June 2014 I received a letter from NICS revoking my upin under Caron... Which is a stretch considering caron rrestrictions. So yes you are right according to the head of LSP at that time who said it was a privilege just like a driver's license. Also an investigator at the atty generals office also agreed it was a privilege not a right so he agreed as well. My exwife who had depression has never been arrested could only get a CCW if her doctor would sign off according to Louisiana law. Doctors will not stick their necks out so theoretically it could also included anyone who had been treated for depression or I assume ptsd. So before all you mightier than thous dismiss all of us who had our rights restored just to be taken away years and decades later say we don't deserve ours. It is the feds reinterpretation of Louisiana law that is the problem I even in light of the July 2014 case in the Louisiana supreme Court which stated 14 95.1 was constitutional. So don't worry before long nobody will have their rights especially with holyier than thou people on this forum not understanding this is only the start of a larger slow process to eliminate everyones rights.
     

    DAVE_M

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    Shall = MUST


    §1379.3. Statewide permits for concealed handguns; application procedures; definitions

    A.(1) Notwithstanding any other provision of law to the contrary, the deputy secretary of public safety services of the Department of Public Safety and Corrections shall issue a concealed handgun permit to any Louisiana resident who qualifies for a permit under the provisions of this Section and may promulgate rules and adopt regulations regarding concealed handgun permits in accordance with the Administrative Procedure Act. The permit shall contain a permit number, expiration date, photograph, and the name, address, and date of birth of the permittee.

    I'm just going to quote this again, because some people just don't get it.

    shall issue a concealed handgun permit to any Louisiana resident who qualifies

    If you don't qualify, you don't get a permit...
     

    madwabbit

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    Actually according to the federal interpretation everyone in Louisiana is restricted from owning a firearm, because everyone is restricted for a CCH because it is a privilege and not a right.

    here's one example of your ignorance.

    Truth: you do not need any permits or licenses to own a firearm in the state of louisiana - zip, nada. Hell you don't even need a permit or license to carry it, only to conceal it.

    None that I know of actually I have no need of one so I never applied, but I have researched and even if I haven't commited a crime I can be refused. And no Louisiana is not a "must issue" state. Read the law, it is at the discretion of the deputy secretary of public safety. It states "shall" not "must" or "will".

    Here's another. You dont know if you have a felony conviction (lol?), you've never been through the application process, and yet you know how it works because the internet/some guy told you so?

    You're fully ignorant of what you speak at best, and intentionally posting bogus legal information at worst.
     

    Emperor

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    So don't worry before long nobody will have their rights especially with holyier than thou people on this forum not understanding this is only the start of a larger slow process to eliminate everyones rights.

    Not everyone is "Holier than thou", but interpretations DO matter. Don't blame these forum members, blame lawyers! They have kept control of common people by "professionally" interpreting every law on the books ad nauseam. And I agree, the larger goal is the erosion of everyone's gun Rights.
     

    madwabbit

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    My rights were restored in 2010 after waiting 10yrs 8 months, b/c Marijuana felony . at the same time I was issued a upin from the feds. I called then head of LSP ccw Mr Revis I believe and inquired about a CCW and he told me it was a privilege and that even though I could buy any weapon or open carry I could not obtain a LA ccw. So I went on vacation to FL and got one no problem. Fast forward to June 2014 I received a letter from NICS revoking my upin under Caron... Which is a stretch considering caron rrestrictions. So yes you are right according to the head of LSP at that time who said it was a privilege just like a driver's license. Also an investigator at the atty generals office also agreed it was a privilege not a right so he agreed as well. My exwife who had depression has never been arrested could only get a CCW if her doctor would sign off according to Louisiana law. Doctors will not stick their necks out so theoretically it could also included anyone who had been treated for depression or I assume ptsd. So before all you mightier than thous dismiss all of us who had our rights restored just to be taken away years and decades later say we don't deserve ours. It is the feds reinterpretation of Louisiana law that is the problem I even in light of the July 2014 case in the Louisiana supreme Court which stated 14 95.1 was constitutional. So don't worry before long nobody will have their rights especially with holyier than thou people on this forum not understanding this is only the start of a larger slow process to eliminate everyones rights.

    so you are a restored felon that can once again legally own and carry a firearm. I fail to see the issue, other than this: You think that your poor decision to commit a felony is now being re-gifted as some government conspiracy gun grab because you can't get additional permission for the privilege to conceal said firearm?

    Your rights were restored and it was a total pita, whats the problem?

    Your wife is a separate issue that I dont have the time to elaborate on, but ill revisit it.
     
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    coance

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    May 25, 2014
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    so you are a restored felon that can once again legally own and carry a firearm. I fail to see the issue, other than this: You think that your poor decision to commit a felony is now being re-gifted as some government conspiracy gun grab because you can't get additional permission for the privilege to conceal said firearm?

    Not what he is saying. What he is saying is that his rights were restored and then without him doing anything else wrongful they were stripped away from him again because they Fed decided to interpret things in a different way.

    Your rights were restored and it was a total pita, whats the problem?
    They were taken from him again with no further action on his part.

    It must not bother many people in this forum that the Fed can change how they "interpret" things and strip away rights that have been restored. If it doesnt then so be it. If you dont think it is a slow motion gun grab then thats fine also. I would ask you to research what has happened in Alaska and Montana on this same issue.
     

    Vermiform

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    I fail to see the issue, other than this: You think that your poor decision to commit a felony is now being re-gifted as some government conspiracy gun grab because you can't get additional permission for the privilege to conceal said firearm?

    Your rights were restored and it was a total pita, whats the problem?


    The Fed now says that if you are ineligible for CCW then you are ineligible to buy a firearm through NICS.
     

    Emperor

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    Though I would never openly advocate this, it seems that the punishment for a felon casually possessing a gun outside of the commission of a crime is largely ignored in this country!

    At least that's what I take from watching and reading the news every day. ;)
     

    coance

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    Funny thing is the only people that are effected by this are the people that have changed themselves around and do not wish to break the law. The other thing is that as far as Louisiana law is concerned most of the felons on this thread can possess a firearm. It is only a crime when it comes to federal law.
     

    coance

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    give me a email and I can send a pic of the paper from the DOJ stating that LARS40:1379.3(c)(10) is the reasoning.

    (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.

    Alaska and Montana have both also had this happen to them in recent years. With a little research you can see how Alaska solved it.
     

    Emperor

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    Funny thing is the only people that are effected by this are the people that have changed themselves around and do not wish to break the law. The other thing is that as far as Louisiana law is concerned most of the felons on this thread can possess a firearm. It is only a crime when it comes to federal law.

    Which is why I advocate a pathway for a non-violent ex-con to regain their Constitutional Rights! All of them!
     

    DAVE_M

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    Which is why I advocate a pathway for a non-violent ex-con to regain their Constitutional Rights! All of them!

    Then how do you propose we decide who gets their rights and who doesn't?

    Our justice system isn't perfect, and we have ex-cons walking around that went to jail for murder. Should a murderer get their rights back?
     

    Emperor

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    Then how do you propose we decide who gets their rights and who doesn't?

    Our justice system isn't perfect, and we have ex-cons walking around that went to jail for murder. Should a murderer get their rights back?

    Which is why I advocate a pathway for a non-violent ex-con to regain their Constitutional Rights! All of them!

    A conviction of a non-violent felony! Like skinning the bear in Kentucky or wherever?!? :mamoru:
     
    Last edited:

    coance

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    LARS14:95.1

    Other than this could have a hearing like many places do. Dont know that there is a perfect way. Just know that currently there is not a good way in the state.
     

    hjlebert

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    Aug 19, 2015
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    Here is the kicker please read below

    LARS40:1379.3(c)(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.

    No where in there does it reference a "PARDON", first offender or gubernational. So pass this on to the lawyers. If you have an 893 it is specifically listed but those that only had a first offender pardon should be good with state getting a CCH and buying federally.
     
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