possession of firearm by convicted felon RS 14:95:1 ruled unconstitutional

How would this ruling affect a felon trying to obtain a CCW permit? As of now, even after 10 years of satisfactory completion of sentencing and "all" rights being restored, a felon is still unable to qualify for a permit which is really just a stupid display of Louisiana's dumb politics.

I know many members here have differing opinions on this topic.
Since federal law isn't currently under questioning in this case, i wont address it. Since state law is, I will throw my opinion in the ring.
My personal opinion is that the current law is adequately addressing illegal possession of a firearm by felons.
The criminal infractions listed in the state law are fairly specific in addressing crimes which suggest a predatory nature; certain instances of felony drug possession being the exception.
Those convicted, and known to the state, to exhibit predatory behavior, (such as burglary, sexual assault, robbery, etc.), deserve to have their ability to possess firearms suspended.
Felony drug possession, even those instances where firearms were not involved, is a clear display of irresponsible behavior that places those in the surrounding society at risk.
I understand there are flaws in our current system. I understand that some individuals will fall victim to false arrest and other corrupt actions. When this occurs, our current legal system affords each citizen the right to pursue appeals.
There will never be a system of government which is infallible because human nature makes any system imperfect.
The current system, however, is by far the fairest and most citizen driven example of government in the free world. With all its faults, I've never seen another that provided greater protection to its citizens.
Just my two cents.

BenCarp27 said:

I know many members here have differing opinions on this topic.
Since federal law isn't currently under questioning in this case, i wont address it. Since state law is, I will throw my opinion in the ring.
My personal opinion is that the current law is adequately addressing illegal possession of a firearm by felons.
The criminal infractions listed in the state law are fairly specific in addressing crimes which suggest a predatory nature; certain instances of felony drug possession being the exception.
Those convicted, and known to the state, to exhibit predatory behavior, (such as burglary, sexual assault, robbery, etc.), deserve to have their ability to possess firearms suspended.
Felony drug possession, even those instances where firearms were not involved, is a clear display of irresponsible behavior that places those in the surrounding society at risk.
I understand there are flaws in our current system. I understand that some individuals will fall victim to false arrest and other corrupt actions. When this occurs, our current legal system affords each citizen the right to pursue appeals.
There will never be a system of government which is infallible because human nature makes any system imperfect.
The current system, however, is by far the fairest and most citizen driven example of government in the free world. With all its faults, I've never seen another that provided greater protection to its citizens.
Just my two cents.

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Well said. I'll post the state statues because facts are better than opinion.

§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 twenty 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. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars.

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.

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; Acts 2010, No. 815, §1; Acts 2010, No. 942, §1.

Here are the definitions that list crimes of violence in Louisiana.

§2. Definitions

A. In this Code the terms enumerated shall have the designated meanings:

(1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.

(2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.

(3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.

(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.

(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.

(6) "Misdemeanor" is any crime other than a felony.

(7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.

(8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.

(9) "Public officer," "public office," "public employee" or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department or institution of said state, parish, municipality, district, or other political subdivision.

(10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department or institution of said state, parish, municipality, district or other political subdivision.

(11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.

(12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.

B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":

(1) Solicitation for murder

(2) First degree murder

(3) Second degree murder

(4) Manslaughter

(5) Aggravated battery

(6) Second degree battery

(7) Aggravated assault

(8) Mingling harmful substances

(9) Aggravated rape

(10) Forcible rape

(11) Simple rape

(12) Sexual battery

(13) Second degree sexual battery

(14) Intentional exposure to AIDS virus

(15) Aggravated kidnapping

(16) Second degree kidnapping

(17) Simple kidnapping

(18) Aggravated arson

(19) Aggravated criminal damage to property

(20) Aggravated burglary

(21) Armed robbery

(22) First degree robbery

(23) Simple robbery

(24) Purse snatching

(25) Extortion

(26) Assault by drive-by shooting

(27) Aggravated crime against nature

(28) Carjacking

(29) Illegal use of weapons or dangerous instrumentalities

(30) Terrorism

(31) Aggravated second degree battery

(32) Aggravated assault upon a peace officer with a firearm

(33) Aggravated assault with a firearm

(34) Armed robbery; use of firearm; additional penalty

(35) Second degree robbery

(36) Disarming of a peace officer

(37) Stalking

(38) Second degree cruelty to juveniles

(39) Aggravated flight from an officer

(40) Aggravated incest

(41) Battery of a police officer

(42) Trafficking of children for sexual purposes

(43) Human trafficking

(44) Home invasion

Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1.

Judging by that list and the crimes listed in 95.1, I'm content with people convicted of those crimes being not allowed to possess firearms.

JR1572

Ronnie, you mind deleting facts and lets go back to
' one time I got arrested for fake inspection sticker and I should be able to own guns but I can't pass a nics'

I like the woa is me toned posts a lot better.

mcinfantry said:

Ronnie, you mind deleting facts and lets go back to
' one time I got arrested for fake inspection sticker and I should be able to own guns but I can't pass a nics'

I like the woa is me toned posts a lot better.

Click to expand...

No, I cannot do that. It's more fun speaking the truth and discovering who the liars are.

JR1572

After 10 yrs clear, can you own a gun???

critta said:

From Nola.com

An Orleans Parish judge on Thursday ruled that the state statute forbidding certain felons from possessing firearms is unconstitutional, in the wake of a constitutional amendment passed last year that made the right to bear arms a fundamental right in the state.

Orleans Parish Criminal District Court Judge Darryl Derbigny on Thursday dismissed that charge against one felon, but took his decision a step further than another judge faced with a similar decision earlier this month.

Derbigny deemed that the entire statute - RS 14:95.1 - was unconstitutional after voters last year approved a constitutional amendment by overwhelming majority. That bill made gun ownership a fundamental right, on the same level as freedom of speech or religion, and subjected any law restricting that right to the highest level of judicial scrutiny.

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So after 10yrs can you own a fire arm, and does anyone know a lawyer in St.Tammany parish...

remjr007 said:

So after 10yrs can you own a fire arm, and does anyone know a lawyer in St.Tammany parish...

Click to expand...

Got arrested recently did we?


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I agree that not all felons are not violent offenders but none the less there has to be a penalty for breaking the law . While a jail sentence technically is one ifs not enough because they dont serve full time. There has to be a lasting effect and constitutional rights being removed is a big deterrent for the "honest criminals."

It should stay the same with more work on the appeals process for nonviolent offenders with minor rap sheets

What about at the federal level where once a felon always a felon.

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I believe it is and was the intent of the founding fathers to insure all Americans had the fundamental right to keep and bear arms. Now common sense would tell us a violent criminal shouldn’t be able to buy an AR with grenade launcher and ten thousand rounds of ammo. The problem is there are so many ways to become a felon and be lumped in with those that shouldn’t be gun owners. The anti-gun folks have crept into our courts and legal system and common sense is out the window. So overall it's a good call by the judge.