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

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    reelkaos

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    Mar 27, 2008
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    Springfield
    Apparently these guys aren't the only ones that have had a right taken away because of a change in the law. Many have had the UPIN CANCELLED.
    Now it would seem they want to cancel all of our rights. I guess this is a start.
     

    coance

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    May 25, 2014
    115
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    Haughton la
    The law did not change. The way the Federal government views things did.
    Yes I am a felon. I also had my rights restored by way of a first offender pardon over 20 years ago. I also had a ATF UPIN. I also had a Louisiana CHP.
    All this went away last year when Louisiana and the Feds got together to make it so that with a CHP you did not have to do a 4473.
    When the Feds saw that La law restricted a felon or expungement from having the privilege of a CHP then they would use that to restrict all firearms possession. The only way around this is to have a governors pardon.
    So even though Louisiana says I have my firearms rights back the Feds say that the restriction La places on my privilege (CHP) lets them ( the Feds) do away with my rights.
     

    bigtattoo79

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    Sep 12, 2009
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    The law did not change. The way the Federal government views things did.
    Yes I am a felon. I also had my rights restored by way of a first offender pardon over 20 years ago. I also had a ATF UPIN. I also had a Louisiana CHP.
    All this went away last year when Louisiana and the Feds got together to make it so that with a CHP you did not have to do a 4473.
    When the Feds saw that La law restricted a felon or expungement from having the privilege of a CHP then they would use that to restrict all firearms possession. The only way around this is to have a governors pardon.
    So even though Louisiana says I have my firearms rights back the Feds say that the restriction La places on my privilege (CHP) lets them ( the Feds) do away with my rights.

    Wait are you saying people with a chp don't have to fill out a 4473 any longer?


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    323MAR

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    Jan 15, 2014
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    New Oeleans LA
    If the infringement didn't come as a result of crime I would be much more sympathetic.

    Well, it scares me because it means that they can come for us next! Those of us who have always obeyed the law think we are safe. We will never be safe from government as long as legislators continue to pursue new gun laws. We will not be safe from government until most of the gun laws are overturned. Our defenses have been "rolled back" for too long. It is good that SAF and GOA are actually pushing to overturn gun laws right now while the NRA is still playing defense.
     

    infringed

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    Jun 2, 2014
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    Well, it scares me because it means that they can come for us next! Those of us who have always obeyed the law think we are safe. We will never be safe from government as long as legislators continue to pursue new gun laws. We will not be safe from government until most of the gun laws are overturned. Our defenses have been "rolled back" for too long. It is good that SAF and GOA are actually pushing to overturn gun laws right now while the NRA is still playing defense.

    It's more than that. By and large, laws and the crimes they define are bound to a timeframe. What's legal today could be illegal tomorrow and vice-versa. However, as citizens, we are bound by the laws in effect and the generally accepted and practiced interpretations of those laws at the time the criminal act occurred. If open carry were illegal today you couldn't convict someone for open carrying yesterday. It was legal at the time they did so. Similarly, but from the aspect of the future legality of a law, you can look at the Hughes Amendment of the NFA which states that no person may possess a post May 1986 machine gun. This could never have passed if it made current owners criminals or stripped them of their property. Many of the people affected by this knew or should have known the actions they took were illegal. They should have known the ramifications. That is not in dispute. The ramifications as interpreted by both State and Federal governments at the time of the crimes and throughout prosecution and plea were either: immediately following the positive disposition of their case, receipt of first offender pardon, or after 10 years without any other infractions the right to bear arms is restored. If citizens are bound by the laws or the accepted and understood meanings of those laws in effect at the time of their offense, the government should be held to the same standard.

    Today, a misdemeanor is considered a felony for the purposes of the Gun Control Act if the maximum (not imposed) sentence is greater than two years. What happens if the DOJ decided to reduce that to 1 year? Then 6 months? After that, failure to register your firearms becomes an offense that bars you from ownership. While this may be improbable, it's not impossible and it would very likely be ex post facto. Take a look at the recently introduced HB 86. It seeks to criminalize the transfer (e.g., temporary transfer for supervised or even assisted target practice) an Uzi (i.e., a particular type of firearm) to anyone 12 years of age or younger. Does that Uzi morph into an AR15 or a handgun through legislation passed in the future?
     

    323MAR

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    Jan 15, 2014
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    It's more than that. By and large, laws and the crimes they define are bound to a timeframe. What's legal today could be illegal tomorrow and vice-versa. However, as citizens, we are bound by the laws in effect and the generally accepted and practiced interpretations of those laws at the time the criminal act occurred. If open carry were illegal today you couldn't convict someone for open carrying yesterday. It was legal at the time they did so. Similarly, but from the aspect of the future legality of a law, you can look at the Hughes Amendment of the NFA which states that no person may possess a post May 1986 machine gun. This could never have passed if it made current owners criminals or stripped them of their property. Many of the people affected by this knew or should have known the actions they took were illegal. They should have known the ramifications. That is not in dispute. The ramifications as interpreted by both State and Federal governments at the time of the crimes and throughout prosecution and plea were either: immediately following the positive disposition of their case, receipt of first offender pardon, or after 10 years without any other infractions the right to bear arms is restored. If citizens are bound by the laws or the accepted and understood meanings of those laws in effect at the time of their offense, the government should be held to the same standard.

    Today, a misdemeanor is considered a felony for the purposes of the Gun Control Act if the maximum (not imposed) sentence is greater than two years. What happens if the DOJ decided to reduce that to 1 year? Then 6 months? After that, failure to register your firearms becomes an offense that bars you from ownership. While this may be improbable, it's not impossible and it would very likely be ex post facto. Take a look at the recently introduced HB 86. It seeks to criminalize the transfer (e.g., temporary transfer for supervised or even assisted target practice) an Uzi (i.e., a particular type of firearm) to anyone 12 years of age or younger. Does that Uzi morph into an AR15 or a handgun through legislation passed in the future?

    http://jpfo.org/filegen-a-m/GCA_68.htm

    The landmark gun control law for the the United States states came from Nazi Germany. It should be repealed or overturned in order to restore civil liberties that were taken away in the late 60's. Read the above link for more details of the unconstitutional Nazi 1968 GCA.
     

    geoney

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    Jun 1, 2011
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    Wait are you saying people with a chp don't have to fill out a 4473 any longer?


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    They still have to fill out the 4473, but it is never called into NICS. Granted, ATF has not sent that info out to FFL holders yet, I think, but the law for LA was passed earlier last year. Essentially it saves time and eliminates any chance of being delayed. Only applies to the 5 year permits, not the lifetime.
     

    madwabbit

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    Jan 2, 2013
    4,726
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    Lafayette, LA
    If criminals (you guys) invested half as much time into some beneficial outlet as you did researching all of the cracks and labels in the system to skirt the punishment that was on the books the day you got arrested, you'd get far more sympathy. Never mind that if someone wronged you, you'd want them to pay the full price plus some. Oh the hypocrisy flows strong with this crowd.

    The more I read this thread, the more it gives me great pleasure to see it frustrating criminals. Finally, a gun law that actually does what it was intended to do. Please, please continue. This is one of few conversations here that brings a smile to my face upon every visit. If your retort to this is anything along the lines of "it was only a drug charge" you fail to see the big picture, and I wouldn't personally trust you with a potato gun.

    For a lengthier version of my true feelings, see post #112 in this thread.


    #anticriminal
     
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    coance

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    May 25, 2014
    115
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    Haughton la
    So you are OK with the restriction of a privilege being the cause of restricting a right?
    Never skirted any punishment. Did all my time,paid all fines,and finished parole without a hitch. I understand though you want more even if it does take tweeking the rules a little this way or that.
    The laws that were on the books when I was convicted allow my rights to be restored and they were.
    You have the right to your opinion and I don't fault anyone that.
     
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    323MAR

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    Jan 15, 2014
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    They still have to fill out the 4473, but it is never called into NICS. Granted, ATF has not sent that info out to FFL holders yet, I think, but the law for LA was passed earlier last year. Essentially it saves time and eliminates any chance of being delayed. Only applies to the 5 year permits, not the lifetime.

    So the regular 5 year permit holder only has to fill out the form? The lifetime permit holder has to wait for BC number 1,001?
    I just love it when the system goes down during a gun show. Then you have to come back the next day!
     

    tjnkriss

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    5   0   0
    Jul 29, 2008
    17
    1
    Baton Rouge
    Madwabbit In your Eyes there is no redemption no restitution of Rights once a criminal always one ? must be hell around your house no Mistakes !!!!!
     
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    MOTOR51

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    Dec 23, 2008
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    Madwabbit In your Eyes there is no redemption no restitution of Rights once a criminal always one ? must be hell around your house no Mistakes !!!!!

    No one commits felonies in my house. Not a good comparison.


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    alpinehyperlite

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    Apr 27, 2011
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    Baton Rouge
    I've written hundreds of dwi's. And rarely are they felony. 5th-6th offense were felonies. Just what did it take to make yours felony?


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    nolaboy

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    Mar 7, 2015
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    New Orleans Lousiana
    Infringement is infringement right? Can't believe that so many of you guys would support your statesmen/countrymen having their civil rights violated by the same agency that gives the same arms they restrict from us to Mexican drug cartels. You really think gang bangers would be in this forum talking about having their rights restored? Wouldn't we just go get a HiPoint from the nearest liquor store?
     
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