1st Offender Pardon

[STPHomie]

From Buddy Caldwell
#15-0154
Louisiana Revised Statute 14:95.1 prohibits certain listed felons from possessing
firearms until ten years have passed since the date of completion of their sentence,
probation, parole, or suspension of sentence without the conviction of any new felony.
This prohibition is unaffected by the receipt of a first offender pardon under La. Const.
art. IV, § 5(E)(1) and La. R.S. 15:572(D). Once a felon cannot be prosecuted by virtue
of La. R.S. 14:95.1(C), his civil rights have been restored as they pertain to a prior
Louisiana conviction such that the felon cannot be prosecuted under 18 U.S.C. §
922(g). (Clark)
Op to Honorable Nancy Landry, State Representative, District 31, Lafayette, LA
Date Released: December 17, 2015

 

[sandman7925]

Yeah, good luck with that. Feds don't care.

 

[323MAR]

Obama does whatever he wants and does not respect any rule of law.

 

[Rainsdrops]

So one could legally own a firearm on state level but not federal, because they are could no obtain a cca correct.
Does louisiana law enforcement arrest such a citizen, that owns a firearm but doesn't carry?

How does this work

 

[STPHomie]

Yeah, good luck with that. Feds don't care.

The way I read it, the state doesn't care either. The 1st offender pardon does not restore the state's recognition of your right.

 

[Gator 45/70]

IN !

 

[sandman7925]

The way I read it, the state doesn't care either. The 1st offender pardon does not restore the state's recognition of your right.

Read it again, a few times if you have too. It is saying that once 10 years past the completion of sentence assuming no new felonies are committed you cannot (and it uses the word cannot twice so it's perfectly clear) be prosecuted.

 

[alpinehyperlite]

The way I read it, the state doesn't care either. The 1st offender pardon does not restore the state's recognition of your right.

That is exactly how i read it.

"This prohibition is unaffected by the receipt of a first offender pardon under La. Const.
art. IV, § 5(E)(1) and La. R.S. 15:572(D)"

To me that says even with a pardon, still must wait for the 10 years.

 

[sandman7925]

That is exactly how i read it.

"This prohibition is unaffected by the receipt of a first offender pardon under La. Const.
art. IV, § 5(E)(1) and La. R.S. 15:572(D)"

To me that says even with a pardon, still must wait for the 10 years.

Wait, yes I'll agree the 10 years is required. But the point of my OP was 10 years are not the Feds don't respect the law here.

 

[alpinehyperlite]

Wait, yes I'll agree the 10 years is required. But the point of my OP was 10 years are not the Feds don't respect the law here.

So:

The way I read it, the state doesn't care either. The 1st offender pardon does not restore the state's recognition of your right.

Is correct.

 

[sandman7925]

So:


Is correct.

i guess so. The state is saying after 10 years you can't be prosecuted. Well Buddy Caldwell is anyways. It does state "attorney general opinions" after all.

 

[Rainsdrops]

I researched the federal stance on this after I read this post.
There are more than a few state that allow firearm right restoration; for non violent felony convictions,; and a 10 year violation free period. This year the fed government voted, the same. Except the offender has to request restoration from the atf. (And more than a few rights have been restored)
The NRA pushed for this on the federal level, believing reformed offenders of non violent crimes has the right to defend their love ones and property.
My question, does louisiana prosecute "state legal" possesions?
Does federal dictate on a state level?

 

[coance]

This year the fed government voted, the same. Except the offender has to request restoration from the atf. (And more than a few rights have been restored)

Where did you find out about this "vote" ? I would like to hear anything you have on this. My understanding is that the congress has defunded the ability of the ATF to process these request.

 

[charlie12]

He won't be AG much longer and I guess the new one will have something to say

 

[Rainsdrops]

This year the fed government voted, the same. Except the offender has to request restoration from the atf. (And more than a few rights have been restored)

Where did you find out about this "vote" ? I would like to hear anything you have on this. My understanding is that the congress has defunded the ability of the ATF to process these request.

just one link
http://controversialtimes.com/politics/congress-votes-to-restore-gun-rights-for-non-violent-felons/

 

[coance]

Thanks for the link.