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  • Scrap Iron

    New Member
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    Jan 23, 2018
    2
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    Loranger, Louisiana
    I'm happy to be a member of this Louisiana forum. I'm brand new to this so please bear with me. My question is on the subject of restoring gun rights after a felony conviction nearly 40 years ago. Does one need a lawyer? What is the process for expungement? How long does it take and how much does it cost? Any guidance would be appreciated.
     

    Deerslayer440

    *Banned*
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    Jan 27, 2017
    185
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    Sulphur
    Welcome aboard

    Here is some good read.Also,maybe if you just want to hunt,you can also use a muzzle loader.
    Getting an expungment is going to be like pulling teeth,very long and painful.

    http://www.leaac.com/faq-resources/...-gun-possession-after-a-louisiana-conviction/



    The problem is that Louisiana law does not ever expressly “restore” the civil right to own a gun to a felon. The Louisiana felon-in-possession-of-a-firearm statute (LSA-R.S. 14:95.1) simply bars prosecution for possession if ten years have passed from the completion of sentence. It, arguably, does not actually reinstate the right to possess the firearm. Further, the Louisiana expungement statute specifically does not restore the right to possess a weapon beyond the scope of whatever is allowed in LSA-R.S. 14:95.1. Under federal law, a conviction is only considered expunged (and no longer disqualifying) if it is “removed from the individual's criminal history record, and there are no legal disabilities or restrictions” other than the fact that it can still be used for sentencing purposes for subsequent convictions, so it is unclear if federal authorities agree that Louisiana’s expungement law technically complies with the federal definition of “expungement.”


    This issue was addressed by the Louisiana legislature in 2016, and they made substantive changes to the weapons laws, intending that those changes would conform, under federal interpretation, to ATF standards for "restoration of rights" to approve background checks for applicants who had a felony conviction that was expunged and which was more than ten years after completion of sentence. This has not yet been litigated to conclusion in the federal courts, so the usefulness of a Louisiana expungement to restore federal gun rights remains unclear at this time, but it is anticipated that an expungement will lift the federal disability for those narrow band of prior felons who (1) had a non-violent, non-sexual conviction that (2) had a deferred sentence imposed under Louisiana Code of Criminal Procedure Article 893, and (3) are more than 10 years past the completion of their sentences. This is a developing area of law because the 2016 changes are so recent.
     

    Scrap Iron

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    0   0   0
    Jan 23, 2018
    2
    1
    Loranger, Louisiana
    Thank you for that. Very informative but quite disheartening. Seems as if it is all still in limbo. I do, however, meet the criteria of the "narrow band of felons" (1-3). So maybe it is worth a shot if the cost is not prohibitive.
     

    340six

    -Global Mod-
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    Premium Member
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    5   0   0
    Apr 12, 2012
    6,526
    113
    Kenner, La
    Just a FYI I see that guy on AK the last frontier he is a fellow so he hunts with Primitive weapons. He does well. His wife and girls hunt with Mill Surplus. She is a great shot with that 7.62x54r
     

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