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    J

    Jarred

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    Jan 25, 2018
    3
    1
    Covington, LA
    Has anyone on this forum had experience with someone losing Firearms privileges, then having them restored through a Governor's pardon clemency? I guess my main question is once your firearm rights are restored, are you still denied the initial FFL transfer and have to appeal through the ATF in order to legally purchase firearms?
     
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    nolaboy

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    Mar 7, 2015
    261
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    New Orleans Lousiana
    My rights weren't restored by Governors pardon. Mine were restored by expungement, first offenders pardon and waiting the 10 years. The FBI handles the appeals not the ATF, and on your first attempt they will probably deny you. If you are already pardoned then during your appeal you will need to request a UPin when you mail in your Gov. Pardon bearing the embossed seal of Louisiana with your finger print and vaf cards.

    The FBI will send you a upin after a successful appeal.... and probably a 1 year wait. Without a upin you will probably get denied again and have to go through the process over and over again because the fbi does not retain the records or dispositions.

    In the end I opted for a 5 year permit instead of constant appeals. That is my 2¢ but find Coance he might have more current info he can share with you on this topic.

    Sent from my SM-N920P using Tapatalk
     
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    nolaboy

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    Mar 7, 2015
    261
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    New Orleans Lousiana
    STPHomie said:
    I've heard the phrase "relief from disabilities". Would that apply?

    https://www.law.cornell.edu/cfr/text/27/478.144
    Click to expand...

    Your link pertains to Federal law. Relief from firearms disabilities which arose from Federal charges is non existent without Presidential Clemency. In theory there is the possibility of "relief" under that act, but the section of the ATF that handles the "relief" has been de-funded. You can still submit and application and if they ever receive funding again they may process it.

    This does not apply in his or his friends situation. A Gov. Pardon is "relief". Also Louisiana will restore certain individuals rights without the need for a Gov. Pardon which is also considered "relief". In these situations the only hang up is the FBI being informed of the individuals rights having been restored, and them (the FBI) being in receipt of any official documentation stating the individual has been pardoned or had his rights restored. Basically all he has to do is either mail an official copy of the pardon to the FBI and wait for them to update his records, or the issuing agency will have to send the FBI the records so they can be updated. The only caveat is the FBI does not retain records from successful appeals, so its possible he/she will go through this process over and over again if they don't have a Upin.
     
    C

    coance

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    May 25, 2014
    115
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    Haughton la
    Best advise I can give is to just go to a FFL and give it a try. Let them know what is going on so they are not surprised if it is denied. When I received my expungement and had my rights restored I did not have to do anything. When they call in a 4473 it goes straight to proceed.

    The only other advise I would give is if at all possible give it 5 or 6 months from the pardon. Our government moves slow.

    One side note is that we used to have a guy on here who had gotten a pardon. He had not had any problems as far as I know.
     
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    Jarred

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    Jan 25, 2018
    3
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    Covington, LA
    Thanks, I had no problems buying firearms until I came home to LA. I even had a CCW when I lived in MS. I came home to LA and was in total shock when I was denied.
     
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    nps_ranger74

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    Feb 4, 2012
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    Oak Ridge ,LA
    This is a great question, to extend it if the op doesn’t mind, can someone that lost their rights and then have their rights restored and the conviction expunged legally work for law enforcement? We have a candidate for our agency in this exact predicament. And it seems no one knows what to do.
     
    JBP55

    JBP55

    La. CHP Instructor #409
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    Apr 15, 2008
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    Walker
    nps_ranger74 said:
    This is a great question, to extend it if the op doesn’t mind, can someone that lost their rights and then have their rights restored and the conviction expunged legally work for law enforcement? We have a candidate for our agency in this exact predicament. And it seems no one knows what to do.
    Click to expand...

    Consult your City Attorney.
     
    I

    infringed

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    Jun 2, 2014
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    Louisiana
    nps_ranger74 said:
    This is a great question, to extend it if the op doesn’t mind, can someone that lost their rights and then have their rights restored and the conviction expunged legally work for law enforcement? We have a candidate for our agency in this exact predicament. And it seems no one knows what to do.
    Click to expand...

    There is a Louisiana Supreme Court case wherein a police officer was involved in covering up a murder if I recall correctly. The officer, possibly from New Orleans, had a non-violent felony conviction set-aside and dismissed under Article 893. Although the case was more about the murder and cover-up, there was no mention that insinuated the officer was prohibited from possessing a weapon or holding a position in law enforcement.

    I'll attempt to locate the case but believe it was from the 90's - 2000's.
     
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    nolaboy

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    Mar 7, 2015
    261
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    New Orleans Lousiana
    nps_ranger74 said:
    Touché!
    Click to expand...
    That's if they are willing to give you the information. I know that the AG does not give information to the public.... Or at least that is what they told me. Hopefully the city attorney is more cooperative with you.

    After your/his rights are restored you regain the ability to vote and hold public offices. After an expungement or pardon you get to check no on the have you ever been convicted box on an application, so if he is rejected based solely on having received an expungement he may want to consult with his personal attorney to find out what options are available to him.

    Can they legally work in law enforcement? I'm sure he can in New Orleans.

    Sent from my SM-N920P using Tapatalk
     
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