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    1. I

      Restoring gun rights

      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]...
    2. I

      Firearm rights restoration.

      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...
    3. I

      Let's discuss HB 142

      Wasting more time trying to ask the NICS section examiners what they think the law says is futile. Contact Alan Gura (http://gurapllc.com/), file suit, and force a Judicial or DOJ attorney opinion on it.
    4. I

      Let's discuss HB 142

      Working with our legislators and other advocates on this has been one of the best experiences I've had. I learned a lot about how the process works and have a lot of faith in the process that I didn't have before. While there are some legislators that never respond to any form of communication...
    5. I

      Let's discuss HB 142

      HB143 doesn't seem to have any relationship to firearms:
    6. I

      Let's discuss HB 142

      In general, if this bill is signed into law, you would not be a prohibited person if you meet the criteria for obtaining a CHP. The ATF may make every attempt to delay your appeal but they would have no standing to deny it and could not prosecute you for possessing a firearm. This was resolved...
    7. I

      Chicago / Highland Park and SCOTUS

      You can find more about the case here: http://www.scotusblog.com/case-files/cases/friedman-v-city-of-highland-park/ For scholarly legal analysis, you should probably read the amicus curiae from the supporting and dissenting parties. They are available on the SCOTUSBlog link above. There are...
    8. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      While there are several different groups of people affected here, one commonality is shared: At the time each person commenting (as far as I can ascertain) committed the offense that is being used to prohibit them, the law [as it was portrayed, applied, and understood] in the State of Louisiana...
    9. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      This is not accurate. With the exception of Domestic Violence, a misdemeanor must carry a maximum possible sentence greater than two years to prohibit firearm possession under the Gun Control Act. Any misdemeanor with a maximum possible sentence greater than two years is deemed to be a felony...
    10. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      It's more than that. By and large, laws and the crimes they define are bound to a timeframe. What's legal today could be illegal tomorrow and vice-versa. However, as citizens, we are bound by the laws in effect and the generally accepted and practiced interpretations of those laws at the time...
    11. I

      HB86 Creates the crime of unlawfully supplying a child with an Uzi submachine gun

      House Bill 86 looks to make it a crime to transfer, even temporarily (e.g., use in supervised target practice), an "Uzi submachinegun" to anyone 12 years of age or younger. I see this easily turning into illegally supplying anyone under 12 with a scary looking weapon -- like an AR15.
    12. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      While I don't want to derail the discussion, I suggest you might find a dictionary helpful. You may not agree that someone's right to bear arms should be restored in various circumstances, but it is what voters wanted. This issue boils down to the process and affect of Louisiana law being...
    13. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      No, but the 2015 Legislative session has begun. I implore you to work with your representatives to make changes to the CHP law to correct this miscarriage.
    14. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      Nothing has changed in Louisiana as far as I'm aware. Even in the face of a win in Binderup's appeal, I still hope that Louisiana's CHP law is changed. It's unconscionable that an explicit restoration of rights can be usurped by the restriction of a privilege. If the ability to obtain a CHP is...
    15. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      Due to the nature of some of the State procedures and statutes, the number of people affected is difficult to determine. For example, Article 893 and expungement are designed with the privacy of the individuals in mind. Additionally, the State may issue a document that clearly states that "all...
    16. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      Here is a recent analysis of Van der hule v. Holder and Caron v. United States: http://www.montanalawreview.org/casenote-orange-is-forever-the-new-black-the-right-to-bear-arms-quashed-for-montana-felons-in-van-der-hule-v-holder.html
    17. I

      Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ

      You can likely request that from the FBI directly. In short, if you are prohibited from a CHP due to an offense (read: not because of lack of training or age) then you are likely prohibited indefinitely under federal law unless you receive a gubernatorial pardon.
    18. I

      certain Felons can own/possess/purchase firearms

      I suggest you seek out an attorney familiar with Louisiana law and the second amendment. Possibly an attorney familiar with State-Federal law conflicts. The complexity of this issue is difficult to explain without sorting through State, Federal, and opinion[1] laws. [1] I'm referring to court...
    19. I

      certain Felons can own/possess/purchase firearms

      I am not a lawyer, judge, or politician so I'm not formally trained on all of the ins-and-outs of the legal system (are they?). What I can tell you is that previous cases are used as reference or precedent in virtually every ruling. If the Caron ruling came first, the prosecution would have...
    20. I

      certain Felons can own/possess/purchase firearms

      United States v. Dupaquier was ruled on in 1996. Caron v. United States, 524 U.S. 308 (1998) came after that. Had the Caron v. United States ruling arrived prior to Dupaquier, the outcome regarding firearms would certainly not been in his favor.
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