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  • Justsmith

    New Member
    Rating - 0%
    0   0   0
    Jun 7, 2020
    2
    1
    BRLA
    I keep getting conflicting info about this. Can someone clarify?:confused:
    I was convicted of simple possession sched II (1st and only felony) many years ago. I finished my time and parole In 2007. As the law stands, should my rights have been automatically restored in 2017 by the first time felony law?
    or do I have to get a lawyer and have it expunged? Plz help me understand
     

    infringed

    Well-Known Member
    Rating - 0%
    0   0   0
    Jun 2, 2014
    65
    6
    Louisiana
    First and foremost, you need to consult an attorney knowledgeable of Louisiana's gun laws (Example: Dan Zelenka).

    Secondly, without an expungement you will not qualify for a CHP and thus would be prohibited by federal law from possessing a firearm (see Caron vs. United States). [CLARIFICATION] This means that you would not pass a NICS background check and would be violating 18 U. S. C. § 922(g), even if the State say's you're fine.

    Additional information can be found regarding CHP eligibility on the Louisiana State Police website here: http://www.lsp.org/handguns.html

    The passage of Act 212 of the 2016 Regular Legislative Session (Effective August 1, 2016) amended and reenacted R.S. 40:1379.3(C)(6) and (10), relative to concealed handgun permits; to provide that a person who has obtained an expungement for a felony conviction shall not be considered ineligible to obtain a concealed handgun permit if:

    The person's felony conviction was not for a crime of violence (as defined in R.S. 14:2(B)) and 10 years have elapsed since the completion of the person's probation, parole, and suspended sentence.
    or

    The person has been pardoned by the governor and the pardon does not expressly prohibit the person from shipping, transporting, possessing, or receiving firearms (Governor’s Gold Seal Pardon must expressly state the right to ship, transport, possess, or receive firearms has been restored).
     
    Last edited:

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