I've been lurking here for some time. So here my situation.
Because of felony conviction in 1981 for simple burglary Louisiana and an NCIS firearm purchase denial in late 2014.
MY first and only crime and I was given a Louisiana first offender pardon after 3 years supervised probation. Yes VERY stupid at 18 years old, for taking a car from where I worked. Yes it has been 36 years since and something you never forget or stop paying for. I broke the law so I should pay.
Before this I purchased a firearm in 2000 and I just had to submit paper work finger prints, pardon paper work, etc, and all was good after new NCIS check. Have since given my firearms away.
So back to 2014. My denial was sent and I got CARON vs. USA ruling.......triggering the unless clause.
So I found this forum and watched as a group of really good people worked hard to correct wording problem in the carrying concealed weapon law.
HB 142 passed 8/2016 and everything looked good. BUT......................
10/1/2016 I tried to purchase weapon and was denied again. Never received a denial letter as to why.
After contacting FBI, I was informed that since my pardon just says "civil right restored" not "gun rights" that I could not possess any firearms.
Also that under Louisiana I could receive a CCW, BUT under federal law I would still be prohibited from possessing a firearm. That could get you 10 years in federal bang me in the ass prison!!!! no thanks............
As I read RS 14:95.1 "I'm not a lawyer" It states on first line in part.
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.
With the 2 bold statements looking like they cover each other.
Granted under R.S. 14:2(B) simple burglary is not listed. But one of the above-enumerated offenses. is listed.
Then you have this.
18 U.S.C. 921(a)(20) provides:
*Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms
So to me its a catch 22 and from the FBI view they don't give a crap. They will interpret the law as they see fit.
So it's the end of road for me restoring gun rights, and I would say to anyone else, that if you have a first offender pardon, and has since acquired a CCW, watch your back-side!
Thanks to all who worked to change law, and for letting me lurk here!!!!
Because of felony conviction in 1981 for simple burglary Louisiana and an NCIS firearm purchase denial in late 2014.
MY first and only crime and I was given a Louisiana first offender pardon after 3 years supervised probation. Yes VERY stupid at 18 years old, for taking a car from where I worked. Yes it has been 36 years since and something you never forget or stop paying for. I broke the law so I should pay.
Before this I purchased a firearm in 2000 and I just had to submit paper work finger prints, pardon paper work, etc, and all was good after new NCIS check. Have since given my firearms away.
So back to 2014. My denial was sent and I got CARON vs. USA ruling.......triggering the unless clause.
So I found this forum and watched as a group of really good people worked hard to correct wording problem in the carrying concealed weapon law.
HB 142 passed 8/2016 and everything looked good. BUT......................
10/1/2016 I tried to purchase weapon and was denied again. Never received a denial letter as to why.
After contacting FBI, I was informed that since my pardon just says "civil right restored" not "gun rights" that I could not possess any firearms.
Also that under Louisiana I could receive a CCW, BUT under federal law I would still be prohibited from possessing a firearm. That could get you 10 years in federal bang me in the ass prison!!!! no thanks............
As I read RS 14:95.1 "I'm not a lawyer" It states on first line in part.
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.
With the 2 bold statements looking like they cover each other.
Granted under R.S. 14:2(B) simple burglary is not listed. But one of the above-enumerated offenses. is listed.
Then you have this.
18 U.S.C. 921(a)(20) provides:
*Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms
So to me its a catch 22 and from the FBI view they don't give a crap. They will interpret the law as they see fit.
So it's the end of road for me restoring gun rights, and I would say to anyone else, that if you have a first offender pardon, and has since acquired a CCW, watch your back-side!
Thanks to all who worked to change law, and for letting me lurk here!!!!
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