Anyone know a good attorney or can definitively answer my questions ?

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  • Drop1

    Well-Known Member
    Rating - 100%
    8   0   0
    Apr 10, 2013
    65
    8
    Baton Rouge
    I got in trouble when I was young.

    All nonviolent but felonies.

    I completed the state Impact bootcamp program.

    After doing so I received a pardon stating I had my full rights restored from Gov Mike Foster.

    Until about 2016 I could buy guns. Now I'm getting denied.

    The La government says they dont have a paper trail for my pardon, that they were automatically sent out on completion of parole for impact successes.

    La state law also said for a while that non violent offenders had their full rights restored 10 years after completing parole. I do not know If this law is still in effect.

    As far as the pardon, in 2016 I got 6 ft of water in my home and it was not recoverable. I think it was missing before that actually. I recieved it over 20 years ago.

    I paid my dept, had my rights restored and now taken away again? What can I do?
    Who do I call?
    Am I SOL?
    I know it's going to be a process but as my friend told me recently, no matter how long the journey, you only get there after you start walking.
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    I got in trouble when I was young.

    All nonviolent but felonies.

    I completed the state Impact bootcamp program.

    After doing so I received a pardon stating I had my full rights restored from Gov Mike Foster.

    Until about 2016 I could buy guns. Now I'm getting denied.

    The La government says they dont have a paper trail for my pardon, that they were automatically sent out on completion of parole for impact successes.

    La state law also said for a while that non violent offenders had their full rights restored 10 years after completing parole. I do not know If this law is still in effect.

    As far as the pardon, in 2016 I got 6 ft of water in my home and it was not recoverable. I think it was missing before that actually. I recieved it over 20 years ago.

    I paid my dept, had my rights restored and now taken away again? What can I do?
    Who do I call?
    Am I SOL?
    I know it's going to be a process but as my friend told me recently, no matter how long the journey, you only get there after you start walking.

    I had an ex-employee who was convicted and imprisoned in California for armed robbery. That was well over 10 years ago, and he was able to purchase a gun.

    Hard to believe the state would not have any way of finding your pardon?!?

    What are the reasons you are being denied for? What do they say?
     

    frankinola

    Well-Known Member
    Rating - 100%
    3   0   0
    Feb 3, 2012
    275
    28
    as rcm noted, file a NICS appeal so you can get some information on why you were denied.

    you may want to go to the court where you were convicted and request you court minutes to see if a copy of the governor's pardon was filed with your record. Sometimes they do and sometimes they do not have a copy.

    you can do a right to review your criminal record but not sure if LSP is doing fingerprints at HQ, you need to check with them.

    if you got a full gov pardon it should be on your rapsheet.

    Right to Review Authorization Form - to be used when requesting a Right to Review pursuant to Louisiana Revised Statute 15:588 Right of Individual Access

    Right to Review Disclosure Form - to be used in conjunction with the Right to Review Authorization form

    http://www.lsp.org/technical.html#criminal

    once you got that see a criminal attorney to navigate article 893 set asides and expungments.
     

    nolaboy

    Well-Known Member
    Rating - 100%
    1   0   0
    Mar 7, 2015
    261
    18
    New Orleans Lousiana
    FWIW: Don't attempt any transfers until you get this resolved or you may violate Federal law....if you care. Also, I'm not a lawyer and I don't care for Holiday Inn Express'.


    To me it sounds like you fell victim to the 2015 FBI "reinterpretation of Louisiana's rights restoration laws". That said, misplacing your pardon.....with the gold seal :doh: ......it was a Gold Seal Pardon(GSP) and not a First Offenders Pardon(FOP) correct? FOPs are pardons, but not really pardons. GSP with PWF (Pardoned with Firearms Restoration) holds the most weight. IKR its needlessly convoluted AF.

    The 2015 FBI info was discussed at length here....there are also a few other threads:
    https://www.bayoushooter.com/forums...w-firearm-ownership-according-to-NICS-FBI-DOJ

    To answer your question yes the 10 years law is still in effect, but it........ metastasized. I dont think you are SOL...Unless the crime you were convicted of was a violent crime enumerated under LA RS 14:2B or a sex offense...then yea you are SOL.

    I could be wrong, but it sounds like you received an "automatic" FOP and not the more "rare" GSP/PWF...which might be why there is no "paper trail" for your pardon.

    The end of that paper trail would be the docket with your name on it from the date you went before the pardon board. It would also state the individual recommendations for each board member stating grant or deny for PWF, PWO or CTO. If this doesn't ring a bell you had a FOP.

    Hard to say without more details, but you probably just need an expungment. PM if you have any questions.
     

    pwc001

    Well-Known Member
    Rating - 100%
    2   0   0
    Oct 25, 2013
    82
    8
    Contact you attorney that handled the original case and pardon. They will still have copies of everything.


    Sent from my iPhone using Tapatalk
     

    Fordfella

    Well-Known Member
    Rating - 100%
    5   0   0
    Jul 8, 2018
    416
    63
    Lafayette, Louisiana
    I got in trouble when I was young.

    All nonviolent but felonies.

    I completed the state Impact bootcamp program.

    After doing so I received a pardon stating I had my full rights restored from Gov Mike Foster.

    Until about 2016 I could buy guns. Now I'm getting denied.

    The La government says they dont have a paper trail for my pardon, that they were automatically sent out on completion of parole for impact successes.

    La state law also said for a while that non violent offenders had their full rights restored 10 years after completing parole. I do not know If this law is still in effect.

    As far as the pardon, in 2016 I got 6 ft of water in my home and it was not recoverable. I think it was missing before that actually. I recieved it over 20 years ago.

    I paid my dept, had my rights restored and now taken away again? What can I do?
    Who do I call?
    Am I SOL?
    I know it's going to be a process but as my friend told me recently, no matter how long the journey, you only get there after you start walking.


    I'm not an attorney:
    Now that that is out of the way...A record of pardons is on file with the Secretary of State's office. You can request a "gold seal copy" where the SoS attests to the accuracy of the Governor's signature.

    https://www.sos.la.gov/NotaryAndCer...OrderACertificateOfAPardon/Pages/default.aspx

    I hope this helps. Good Luck.
     

    nolaboy

    Well-Known Member
    Rating - 100%
    1   0   0
    Mar 7, 2015
    261
    18
    New Orleans Lousiana
    I'm not an attorney:
    Now that that is out of the way...A record of pardons is on file with the Secretary of State's office. You can request a "gold seal copy" where the SoS attests to the accuracy of the Governor's signature.

    https://www.sos.la.gov/NotaryAndCer...OrderACertificateOfAPardon/Pages/default.aspx

    I hope this helps. Good Luck.

    FWIW I think his "Pardon" fell under "RS 15:572 B.(1) A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor." - "FOP" pardons DO NOT legally restore firearms possession rights without an expungement, anymore. Side note: FOP Pardons did restore gun rights at one time, but the FBI "reinterpreted" Louisiana law in 2015.

    RS 15:572 A. The governor may grant reprieves to persons convicted of offenses against the state and, upon recommendation of the Board of Pardons as hereinafter provided for by this Part, may commute sentences, pardon those convicted of offenses against the state, and remit fines and forfeitures imposed for such offenses. Notwithstanding any provision of law to the contrary, the governor shall not grant any pardon to any person unless that person has paid all of the court costs which were imposed in connection with the conviction of the crime for which the pardon is to be issued. - These are "Gold Seal Pardons" they CAN restore firearms rights.

    The Secretary of State DOES NOT have a copy of a First Offenders Pardon. These are signed by the Probation and Parole director NOT the Governor. For a copy of an FOP you must contact DOC or Probation and Parole.

    The Secretary of State will have a copy of a Gold Seal Pardon.
     
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