Denied Louisiana concealed carry license

thperez1972 · Nov 1, 2017

Emperor said:
They are trusting you now?!? It's an affidavit! You lie, you're out of there! My only issue is the presumption of guilt to disqualify seems more important in the process than what the Constitution and the US Justice system mandates.

I am running out of fingers and toes counting all the people who's lives and careers are ruined each year by accusations without adjudication. It's part and parcel the same thing!

Yes, it is trust. If you sign an affidavit and LSP doesn't check to see if you are lying, it's LSP trusting you are being honest. If LSP is going to not trust you and check to make sure you are being honest, they will have to research every entry without either a disposition or submitted documentation.

So here's a scenario. John walks into LSP to get a permit. He hands over his DL to show his identity and signs an affidavit indication he had no disqualifying convictions. LSP pulls his DL photo from the DMV database and prints his permit. He's out the door with his permit in 15 minutes with no background check being conducted. Do you feel that process is how things should be?

charlie12 · Nov 1, 2017

Pacioli said:
Have they always run NICS or did that start with the enhanced permit?

What is a enhanced permit?

bigtattoo79 · Nov 1, 2017

charlie12 said:
What is a enhanced permit?

CCW......

charlie12 · Nov 1, 2017

bigtattoo79 said:
CCW......

You in trouble

I know Mississippi has a enhanced permit but I've never heard of one in LA

nolaboy · Nov 1, 2017

charlie12 said:
You in trouble

I know Mississippi has a enhanced permit but I've never heard of one in LA

The 5 year bypasses nics, and the lifetime doesn't..... Maybe that is the enhancement.

Sent from my SM-N920P using Tapatalk

charlie12 · Nov 1, 2017

nolaboy said:
The 5 year bypasses nics, and the lifetime doesn't..... Maybe that is the enhancement.

Sent from my SM-N920P using Tapatalk

I don't have a clue. I don't know if they check anything different with the 5 year. My last was a 5 year but it was after the start time for that I have to renew in Feb.
I do know that when someone sent me a rifle to BJ Pawn in Denham Springs for a FFL transfer we talked about the 5 year and they told me they still check everybody because they had one guy that should be good to go with his 5 year permit and they ran it and he was denied. Seemed like it was something on him and he couldn't buy the gun.

bigtattoo79 · Nov 1, 2017

nolaboy said:
The 5 year bypasses nics, and the lifetime doesn't..... Maybe that is the enhancement.

Sent from my SM-N920P using Tapatalk

My understanding is bypassing the nics requires a expiration date on the permit. Louisiana lifetime permits don’t have a expiration date and the 5 year does.

charlie12 · Nov 2, 2017

bigtattoo79 said:
My understanding is bypassing the nics requires a expiration date on the permit. Louisiana lifetime permits don’t have a expiration date and the 5 year does.

Something like this? https://chp-web.dps.louisiana.gov/FrontUser/RequestStatus.aspx

nolaboy · Nov 2, 2017

charlie12 said:
I don't have a clue. I don't know if they check anything different with the 5 year. My last was a 5 year but it was after the start time for that I have to renew in Feb.
I do know that when someone sent me a rifle to BJ Pawn in Denham Springs for a FFL transfer we talked about the 5 year and they told me they still check everybody because they had one guy that should be good to go with his 5 year permit and they ran it and he was denied. Seemed like it was something on him and he couldn't buy the gun.

5 year permits issued after Louisiana received some type of ATF # do not require a NICS check.
I have the statute written down somewhere, and I think they covered it in the legal portion of the "CHL" class. NICS has a number of reasons they will deny or delay name similarities, outdated records and changes in state laws are typical reasons. I read a story about a guy who kept getting denied by Nics even though he had received Executive Clemency. The FBI even had a record of the Pardon but still refused to proceed his firearms transfer. In the end I think he had to sue to have his name removed from NICS. Closer to home I know a gentleman on this forum who had to do the same. Point is its not illegal for BJs to run his name through NICS, it's probably illegal for NICS to deny him, but he can always go to a different FFL for the transfer.

Sent from my SM-N920P using Tapatalk

Pacioli · Nov 2, 2017

charlie12 said:
What is a enhanced permit?

My terminology was incorrect, sorry for the confusion. I was referencing the 2014 change that allows permit holders with CHPs issued subsequently to bypass having the LGS run the 4473. This...

(http://www.lsp.org/handguns.html) The passage of Act 221 of the 2014 Regular Session of the Louisiana Legislature amends La. R.S. 40:1379.3 to require the Department of Public Safety to conduct a check on every Concealed Handgun Permit applicant through the National Instant Background Check System (NICS) of the Federal Bureau of Investigation. Pursuant to Act 221 of the 2014 Legislative Session, approval from the Bureau of Alcohol, Tobacco and Firearms has been obtained and possession of a current and valid 5-year Louisiana Concealed Handgun Permit, issued on or after March 9, 2015 shall constitute sufficient evidence of the background check required pursuant to 18 U.S.C. 922(t) for the purchase of a firearm, and may be used in lieu of a NICS check. However, as stated in Act 221, possession of a Concealed Handgun Permit that has a Lifetime designation shall not constitute sufficient evidence of the background check pursuant to 18 U.S.C. 922(t).

The enhanced permit terminology came about in the the 2016 legislation authorizing additional training for church carry.

So my question was whether running the NICS has always been done or was a change effected when LA reached the agreement with the BATFE.

bigtattoo79 · Nov 2, 2017

charlie12 said:
Something like this? https://chp-web.dps.louisiana.gov/FrontUser/RequestStatus.aspx

Yes that’s how they confirm it.

But my understanding is if LSP just put a expiration date on the lifetime permits it would allow lifetime permit holders to bypass nics also. “After all you do have to resubmit training every 5 years”.

troy_mclure · Nov 2, 2017

thperez1972 said:
Yes, it is trust. If you sign an affidavit and LSP doesn't check to see if you are lying, it's LSP trusting you are being honest. If LSP is going to not trust you and check to make sure you are being honest, they will have to research every entry without either a disposition or submitted documentation.

So here's a scenario. John walks into LSP to get a permit. He hands over his DL to show his identity and signs an affidavit indication he had no disqualifying convictions. LSP pulls his DL photo from the DMV database and prints his permit. He's out the door with his permit in 15 minutes with no background check being conducted. Do you feel that process is how things should be?

thats how many places do it, ive had my ccw permit in tenn, wa, fl, ut, and la.
louisiana is the only one that required me to provide a background check. wa, fl, and ut all go off the nics. tenn ran their own checks.

Emperor · Nov 2, 2017

thperez1972 said:
Yes, it is trust. If you sign an affidavit and LSP doesn't check to see if you are lying, it's LSP trusting you are being honest. If LSP is going to not trust you and check to make sure you are being honest, they will have to research every entry without either a disposition or submitted documentation.

So here's a scenario. John walks into LSP to get a permit. He hands over his DL to show his identity and signs an affidavit indication he had no disqualifying convictions. LSP pulls his DL photo from the DMV database and prints his permit. He's out the door with his permit in 15 minutes with no background check being conducted. Do you feel that process is how things should be?

You are missing the point! If I am not "Convicted" of a crime; I have "Not Committed" a crime! No one needs to know anymore or any less. No permit should require; "What might/may have been!"

This permit process is the way it is, because bureaucrats have decided that they hold the power to design the hoops in which the trained dogs must jump through. They are holding the key to the door of something "Law Abiding" citizens want! A mandated permission slip to practice what is and should be left a Constitutional Right!

And whether or not someone gets a permit by lying or a lack of examination is irrelevant! The criminals that are CC'ing anyway are far more of a worry than those that would stretch the truth if the process was more in line with a citizen's Constitutional Rights. That is why states that are not using their CC permitting process as a supplemental cash cow are going to Constitutional Carry!

This state is ass backwards in damn near every aspect of quality of life issues. Constitutional issues aren't a flea on a ticks ass to these clowns here! We'll be the last state in the Union that allows Constitutional Carry (If ever at all), because that is what Louisiana does!

Emperor · Nov 2, 2017

troy_mclure said:
thats how many places do it, ive had my ccw permit in tenn, wa, fl, ut, and la.
louisiana is the only one that required me to provide a background check. wa, fl, and ut all go off the nics. tenn ran their own checks.

Yep! "anaisiuoL"

thperez1972 · Nov 2, 2017

troy_mclure said:
thats how many places do it, ive had my ccw permit in tenn, wa, fl, ut, and la.
louisiana is the only one that required me to provide a background check. wa, fl, and ut all go off the nics. tenn ran their own checks.

Just to make sure I understand what you're saying. Many places accept what you've listed on the application without verifying it?

thperez1972 · Nov 2, 2017

Emperor said:
You are missing the point! If I am not "Convicted" of a crime; I have "Not Committed" a crime! No one needs to know anymore or any less. No permit should require; "What might/may have been!"

This permit process is the way it is, because bureaucrats have decided that they hold the power to design the hoops in which the trained dogs must jump through. They are holding the key to the door of something "Law Abiding" citizens want! A mandated permission slip to practice what is and should be left a Constitutional Right!

And whether or not someone gets a permit by lying or a lack of examination is irrelevant! The criminals that are CC'ing anyway are far more of a worry than those that would stretch the truth if the process was more in line with a citizen's Constitutional Rights. That is why states that are not using their CC permitting process as a supplemental cash cow are going to Constitutional Carry!

This state is ass backwards in damn near every aspect of quality of life issues. Constitutional issues aren't a flea on a ticks ass to these clowns here! We'll be the last state in the Union that allows Constitutional Carry (If ever at all), because that is what Louisiana does!

I've presented a process and asked if that is how you feel things should be. I wasn't asking for your evaluation of how things are and why there are like that. It was presented as a yes/no question to make it as easy as possible for you to answer. If you'd like to expand on that yes or no answer to further the civil discussion, you're more than welcome to as well. If you're not interested in having a discussion, like DeerSlayer440, that's fine as well. I'm pretty easy going. I can discuss or not discuss anything with anybody.

John walks into LSP to get a permit. He hands over his DL to show his identity and signs an affidavit indication he had no disqualifying convictions. LSP pulls his DL photo from the DMV database and prints his permit. He's out the door with his permit in 15 minutes with no background check being conducted. Do you feel that process is how things should be?

charlie12 · Nov 2, 2017

Pacioli said:
My terminology was incorrect, sorry for the confusion. I was referencing the 2014 change that allows permit holders with CHPs issued subsequently to bypass having the LGS run the 4473. This...

(http://www.lsp.org/handguns.html) The passage of Act 221 of the 2014 Regular Session of the Louisiana Legislature amends La. R.S. 40:1379.3 to require the Department of Public Safety to conduct a check on every Concealed Handgun Permit applicant through the National Instant Background Check System (NICS) of the Federal Bureau of Investigation. Pursuant to Act 221 of the 2014 Legislative Session, approval from the Bureau of Alcohol, Tobacco and Firearms has been obtained and possession of a current and valid 5-year Louisiana Concealed Handgun Permit, issued on or after March 9, 2015 shall constitute sufficient evidence of the background check required pursuant to 18 U.S.C. 922(t) for the purchase of a firearm, and may be used in lieu of a NICS check. However, as stated in Act 221, possession of a Concealed Handgun Permit that has a Lifetime designation shall not constitute sufficient evidence of the background check pursuant to 18 U.S.C. 922(t).

The enhanced permit terminology came about in the the 2016 legislation authorizing additional training for church carry.

So my question was whether running the NICS has always been done or was a change effected when LA reached the agreement with the BATFE.

Oh that crazy church carry deal that made no sense to me.

When I had a rifle sent to a pawn shop a few weeks ago they said they still do the regular background check no matter what CHP you have

bigtattoo79 · Nov 2, 2017

thperez1972 said:
I've presented a process and asked if that is how you feel things should be. I wasn't asking for your evaluation of how things are and why there are like that. It was presented as a yes/no question to make it as easy as possible for you to answer. If you'd like to expand on that yes or no answer to further the civil discussion, you're more than welcome to as well. If you're not interested in having a discussion, like DeerSlayer440, that's fine as well. I'm pretty easy going. I can discuss or not discuss anything with anybody.

John walks into LSP to get a permit. He hands over his DL to show his identity and signs an affidavit indication he had no disqualifying convictions. LSP pulls his DL photo from the DMV database and prints his permit. He's out the door with his permit in 15 minutes with no background check being conducted. Do you feel that process is how things should be?

No I don’t agree.

If you just add the same questions from the 4473 and run *John* though NCICs then I’d be happy. Why make the process to CC a gun harder then buying the gun??

My reply only applies if constitutional carry isn’t a option.

Tanker · Nov 2, 2017

Hermit said:
Yeah rules, but only convictions should have to be listed.
If someone is not guilty, then they're not guilty.

I hear you and agree, but the reality is if you want a TWIC card, getting badged at a nuclear facility, other government badges - you have to list EVERYTHING. That tells me this requirement has been defines as legal by some judge(s) at one point.

Pacioli · Nov 2, 2017

babrod said:
I just got denied my concealed carry license. Insulted and upset is an understatement right now. Can someone tell me the most common reasons why one might be denied? I have a twic card and that's like FBI approved. I got in a fist fight years ago and guy pressed assault charges on me but later dropped them. I just don't know.

Babrod,

Can you give us an update? Have you received the letter from LSP? Have you talked to them about remedial action?

Denied Louisiana concealed carry license

The Best online firearms community in Louisiana.

Member Benefits:

ESSAYONS

Not a Fed.

Well-Known Member

Not a Fed.

Well-Known Member

Not a Fed.

Well-Known Member

Not a Fed.

Well-Known Member

Well-Known Member

Well-Known Member

Well-Known Member

Seriously Misunderstood!

Seriously Misunderstood!

ESSAYONS

ESSAYONS

Not a Fed.

Well-Known Member

Well-Known Member

Well-Known Member

Log in

Forum statistics