Any crime that a judge can put you in jail for a year is a felony right? "Excluding DM"
Does it take a 5th dwi to get a year in jail? If so that needs to change!
Sent from my iPhone using Tapatalk
Louisiana Expungements do not allow firearm ownership according to NICS/FBI/DOJ
- Thread starter infringed
- Start date
The Best online firearms community in Louisiana.
Member Benefits:
Fewer Ads! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
- Status
Any crime that a judge can put you in jail for a year is a felony right? "Excluding DM"
Does it take a 5th dwi to get a year in jail? If so that needs to change!
Sent from my iPhone using Tapatalk
No, its not and you are trying so hard to have us believe that. You are a felon dude. Seriously. Take your lick and go away. You made bad choices. Now you are sour grapes because they are catching up with you. I'm offended that you are trying to drum up support like you are some patriot who has been wronged by the big bad government.
Sent from my iPhone using Tapatalk
A felony is any crime that's punishable at hard labor.
3rd offense DWI is a felony in La.
Sent from my iPhone using Tapatalk
Damm I didn't know that. I always thought in LA any charge that a judge "could" put you in jail for a year was a felony. I also thought DV was the only misdemeanor that a judge could give you a year in jail "so it would be the only misdemeanor to take away ones gun rights".
Sent from my iPhone using Tapatalk
That's all urban legend. In the statute book, any crime has its punishment parameters listed behind it. The judge has discretion within those parameters. Many misdemeanors could qualify for a year in jail.
Sent from my iPhone using Tapatalk
Do any of the misdemeanors that qualify for up to a year in jail take away ones gun rights?
Sent from my iPhone using Tapatalk
With the exception of domestic abuse battery, no.
I do think that if you are convicted of a misdemeanor punishable by one year or more, then you will get a deny on a nics check.
Sent from my iPhone using Tapatalk
I had asked a lawyer what constitutes a felony and was told the "1 year thing". It was when we needed workers bad and had some not so great applicants "I never had a reason to look more into it". Thanks for clearing it up.
Sent from my iPhone using Tapatalk
§2. Definitions
A. In this Code the terms enumerated shall have the designated meanings:
(1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.
(2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.
(3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.
(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.
(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.
(6) "Misdemeanor" is any crime other than a felony.
(7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.
(8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.
(9) "Public officer," "public office," "public employee" or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department or institution of said state, parish, municipality, district, or other political subdivision.
(10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department or institution of said state, parish, municipality, district or other political subdivision.
(11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.
(12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.
B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Mingling harmful substances.
(9) Aggravated rape.
(10) Forcible rape.
(11) Simple rape.
(12) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(17) Simple kidnapping.
(18) Aggravated arson.
(19) Aggravated criminal damage to property.
(20) Aggravated burglary.
(21) Armed robbery.
(22) First degree robbery.
(23) Simple robbery.
(24) Purse snatching.
(25) Extortion.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(28) Carjacking.
(29) Illegal use of weapons or dangerous instrumentalities.
(30) Terrorism.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer with a firearm.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(37) Stalking.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1; Acts 2014, No. 194, §1; Acts 2014, No. 280, §1, eff. May 28, 2014; Acts 2014, No. 602, §7, eff. June 12, 2014.
A. In this Code the terms enumerated shall have the designated meanings:
(1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.
(2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.
(3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.
(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.
(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.
(6) "Misdemeanor" is any crime other than a felony.
(7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.
(8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.
(9) "Public officer," "public office," "public employee" or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department or institution of said state, parish, municipality, district, or other political subdivision.
(10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department or institution of said state, parish, municipality, district or other political subdivision.
(11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.
(12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.
B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Mingling harmful substances.
(9) Aggravated rape.
(10) Forcible rape.
(11) Simple rape.
(12) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(17) Simple kidnapping.
(18) Aggravated arson.
(19) Aggravated criminal damage to property.
(20) Aggravated burglary.
(21) Armed robbery.
(22) First degree robbery.
(23) Simple robbery.
(24) Purse snatching.
(25) Extortion.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(28) Carjacking.
(29) Illegal use of weapons or dangerous instrumentalities.
(30) Terrorism.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer with a firearm.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(37) Stalking.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1; Acts 2014, No. 194, §1; Acts 2014, No. 280, §1, eff. May 28, 2014; Acts 2014, No. 602, §7, eff. June 12, 2014.
Infringement: the action of limiting or undermining something.
Guess you have a different definition.
Lets just agree to disagree, and leave it at that.
§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.
B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars.
C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.
D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
If I was a felon I wouldn't want to see it my way too. Good luck nolafelon
Sent from my iPhone using Tapatalk
You infringed upon or underminded your rights when you made an active decision to commit a felony. The government you are trying to convince us is so evil did not force you to commit the felony resulting in your right being lost. That's on you.
Also as a side note, how do you cry about the consequences being unfair and say you have taken responsibility, paid your debt, and have moved on? You can't have it both ways. Either you accept full responsibility, consequences and all, or you cry about them being unfair. "I did it and I'm really sorry I made a bad decision and I paid my debt, but....... It's really unfair to me because I don't like the punishment." Reeks of crying victim. Again, you doing dumb **** and loosing your rights as a result of a felony conviction has nothing to do with any of the political anti-gun agendas. They didn't move the line, you stepped over it. Weather you agree with the line being there is irrelevant. It's bright yellow on a black background. It's aint invisible.
Last edited:
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 under federal guidelines. Any crime classified as a felony that carries a maximum possible sentence of a year or more (which would include all felony charges in Louisiana) will prohibit firearm possession under the Gun Control Act.
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 stipulated crimes, sentences, and post-conviction relief. A crime is not simply defined by the indication of what is illegal, it is defined by all three factors: crime, penalty, and relief (if any). That is the standard framework used throughout the State and Country.
The choice to commit an act brings with it the possibility that that act could be a crime. The criminality of an act is based upon the laws in effect at the time the act occurred. As such, the penalty for that crime is also based upon the statutes in effect at the time the crime occurred. The relief for a crime, whether you agree or not, is also based on the statutes in place at the time the crime took place. In most cases, the interpretations of statutes at the time the crime took place are used.
At the point in time when I pled guilty, I did so under a statute that explicitly defined the penalty, process, and effects upon successful completion. In pleading guilty, I essentially entered into a contract with the State. Upon successfully completing my portion of that contract, the State was to set-aside the conviction and dismiss the prosecution. The dismissal of the prosecution shall have the same effect as acquittal. For me, this process took place as it was framed. I am not looking for anything outside of the bounds of this agreement. The simple language presented to me in the law, stated that the result of this process had the same affect as an acquittal. If I were acquitted of the crime, would I be prohibited from owning a firearm? The answer is no, and the State agrees -- I can own a firearm.
However, the State [currently] defines concealed carry as a privilege that can be restricted with criteria that fall outside the scope of the protections of the 2nd Amendment. This is where I have an issue. If concealed carry is not protected by the 2nd Amendment, it should not be the basis for prohibiting the 2nd Amendment.
I'm not looking for anyone's empathy, consolation, or the like. I started this thread as a resource that I and other people could use to understand the legalities involved here. Whether you agree that someone should or should not own a firearm, I believe you can agree that they should be aware of the possibility that they may be prohibited -- even if they have not been informed. At the same time, they should understand if, how, and under what circumstances this could change. While I can only speak definitively for myself on this, I believe that the people communicating about this issue are not interested in committing a crime. You may feel that we are trying to "skirt the punishment," that is not the case. Learning, understanding, evaluating, and exhausting every legal option is the focus. You would expect nothing else for a legal matter that concerned you -- criminal, civil, family, health or otherwise.
The choice to commit an act brings with it the possibility that that act could be a crime. The criminality of an act is based upon the laws in effect at the time the act occurred. As such, the penalty for that crime is also based upon the statutes in effect at the time the crime occurred. The relief for a crime, whether you agree or not, is also based on the statutes in place at the time the crime took place. In most cases, the interpretations of statutes at the time the crime took place are used.
At the point in time when I pled guilty, I did so under a statute that explicitly defined the penalty, process, and effects upon successful completion. In pleading guilty, I essentially entered into a contract with the State. Upon successfully completing my portion of that contract, the State was to set-aside the conviction and dismiss the prosecution. The dismissal of the prosecution shall have the same effect as acquittal. For me, this process took place as it was framed. I am not looking for anything outside of the bounds of this agreement. The simple language presented to me in the law, stated that the result of this process had the same affect as an acquittal. If I were acquitted of the crime, would I be prohibited from owning a firearm? The answer is no, and the State agrees -- I can own a firearm.
However, the State [currently] defines concealed carry as a privilege that can be restricted with criteria that fall outside the scope of the protections of the 2nd Amendment. This is where I have an issue. If concealed carry is not protected by the 2nd Amendment, it should not be the basis for prohibiting the 2nd Amendment.
I'm not looking for anyone's empathy, consolation, or the like. I started this thread as a resource that I and other people could use to understand the legalities involved here. Whether you agree that someone should or should not own a firearm, I believe you can agree that they should be aware of the possibility that they may be prohibited -- even if they have not been informed. At the same time, they should understand if, how, and under what circumstances this could change. While I can only speak definitively for myself on this, I believe that the people communicating about this issue are not interested in committing a crime. You may feel that we are trying to "skirt the punishment," that is not the case. Learning, understanding, evaluating, and exhausting every legal option is the focus. You would expect nothing else for a legal matter that concerned you -- criminal, civil, family, health or otherwise.
Last edited:
Now he cares about what is codified in Louisiana State law. Dude you are a joke. The law only matters when it supports your theory, but if it adds credence to the theory of a former criminal it some how must be devalued. "Can't have it both ways" as the cop tattooed to look like a convict would say.
As per 14:95.1 my punishment was to serve an entire sentence which for me was 2 years probation. After which the law states that immediately upon completion all rights are restored, but the right to keep possess and transport firearms would require 10 years post sentence without another felony conviction. Obviously you don't care about the letter of the law, because in this instance you have no argument. In your eyes you see once a felon always a felon, and you are entitled to, its your right. IMO you have lost the ability to think for yourself. You think that it's a competition or a war between you and me, and it's not. The only reason you don't care about the ATF and Fast and Furious is because of your "blue code of silence" right? That's why you would get on here and demonize us for wanting only what is spelled out in the letter of the law no more no less, but minimize facts about Fast and Furious or the IRS being used to target Tea Party Members. Obvioiulsy if the law is broken by a government agency then you turn a blind eye, but if by a citizen he must be punished indefinitely.
If the law said that their is no relief for me under 14:95.1 I would side with you and probably wouldn't even be here. Problem is the law does not state that it states that after a certain period "all rights'' are restored. I would have actually respected if you said you thought that 14:95.1 was wrong and even after 10 years that we shouldn't have our rights restored. Would actually make you sound like a man, capable of developing an independent thought. Nope you consider adhering to the law as a form of trying to skirt punishment. I fear for the people you are supposed to protect. Its scary when policy enforcement lacks the ability to interpret policy. God help the citizens of Louisiana. Using this forum as a cross section it seems like the IQ of felons has gone up and the IQ of police officers is in the toilet. Wouldn't be the first thing to go bass ackwards in the US as of late, but it's definitely on the list. Good day to you sir.
Holy crap! Thanks for your "wishing" of luck. Apparently I am eligible to possess or receive a firearm! Just got a letter from NICS today telling me to bring this letter to the FFL who initiated the contact! This changes nothing as I still stand with these guys.
- Status
