Question about firearm purchase and felony arrest.

[BRitchieLCK]

I have a coworker who was arrested on a felony drug charge in 2002. He was 17 and did some time and was released in Feb of 2005. He has since turned his life around and was asking about purchasing a handgun. From what I've heard if the felony is 10 years in the past you can purchase a firearm. Does the 10 years start from when he was released from jail or does it start after you are finished with parole?

 

[MOTOR51]

No


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[alpinehyperlite]

No.

From everything I have been reading from the BS Felons, since he will never qualify for a CHP, federal law prohibits him from ever possessing a firearm.





Or something like that.

 

[MOTOR51]

Gonna need more info. What was the charge? Was he on probation? If so, when did it end. Cannt answer completely until we have all the info.


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[BRitchieLCK]

He said his charge was for felony possession and his probation ended in 07.

 

[alpinehyperlite]

http://www.legis.state.la.us/lss/lss.asp?doc=78740


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[frankinola]

see this thread
http://www.bayoushooter.com/forums/...w-firearm-ownership-according-to-NICS-FBI-DOJ

 

[BRitchieLCK]

So basically what I've gathered from the last two links posted is one the States Artical states that as long as the crime wasn't violent, sexual, involving a firearm or the manufacturing of an explosive after the 10 years is complete that he's good to go. On the other hand the second link to a previous BS thread says that any felony that restricts you from obtaining a CHP therefore disqualifies you from any possession or ownership of anything classified as a firearm. Correct? So basically he's just sol?

 

[BRitchieLCK]

And just for the record this isn't one of those I have a friend who kind of questions when it's really the person asking for themselves lol.

 

[themcfarland]

He basically has not chance in hell.. felony is felony.. even if he got it expunged.. no chance.. Louisiana does not recognize that.. Sorry, should have thought better ..

 

[323MAR]

He can ask Obama for a pardon.

 

[340six]

He can ask Obama for a pardon.

and a phone, health care and many other things they will offer if ya vote Dem

 

[Armed Mage]

http://www.legis.state.la.us/lss/lss.asp?doc=78740


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"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."

From my understanding reading the statute he should be good to go in 2017.

 

[themcfarland]

"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."

From my understanding reading the statute he should be good to go in 2017.

Ok, Name ONE person who has been able to get a permit with a felony.. and proof..

 

[charlie12]

Ok, Name ONE person who has been able to get a permit with a felony.. and proof..

Wasn't the question about buying a handgun and not about getting a CHP?

 

[themcfarland]

"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."

From my understanding reading the statute he should be good to go in 2017.

perhaps, but I was responding directly to this. BTW, if you can get a permit, you are likely able to buy a gun.. very similar background check.. very..

 

[coance]

Ok, Name ONE person who has been able to get a permit with a felony.. and proof..

I am a felon that had a permit. Can send proof to a email if you really need it.

That being said I no longer have it.

To the original poster it is very sticky. Under La law he can get his rights back after 10 years. According to the Fed he would be in violation doing it though because they say if he cant get a CHP that under federal law he cannot be in possession of a firearm

 

[Armed Mage]

According to the Fed he would be in violation doing it though because they say if he cant get a CHP that under federal law he cannot be in possession of a firearm

Interesting, I never heard of this before reading this thread. Was this some recent ruling?

So this means that in places like CA and NY a lot of people who are otherwise legal to possess a gun are illegal gun owners because they don't qualify for a CHP in their state?

 

[themcfarland]

I am a felon that had a permit. Can send proof to a email if you really need it.

That being said I no longer have it.

To the original poster it is very sticky. Under La law he can get his rights back after 10 years. According to the Fed he would be in violation doing it though because they say if he cant get a CHP that under federal law he cannot be in possession of a firearm

was the reason you dont have it now, related to the mistake the state made when they issued it to you? For the record, I hate the fact that felons cannot have guns.. the constitution did not say unless your a felon.. we did that later as a feel good law.. but I knew it when I was younger and thus made prudent decisions

 

[coance]

It was revoked after I was denied a firearms purchase. The Fed said I was denied because I couldn't have a chp. After that I asked the state what was going on and was informed that my chp would be revoked even though when I had gotten it I had sent them my complete history, fingerprints and a copy of my first offender pardon.
Anyone who has questions about when this all changed or how things are now viewed I would send them to read the thread about it here on BS