Hello to everyone here I'm new to this forum and this is my first thread. I hate to start my first thread with this but I've been reading a thread started by Firefighter about felons with Louisiana convictions getting their firearm rights back. I'm glad to see that some folks here who have paid their debt and complied with the law can enjoy their 2nd amendment right but there is an issue that wasn't discussed and it concerns MDV convictions. Oddly, anyone who has been convicted of MDV CAN NOT own firearms under federal law unless they have been pardoned, had their conviction set aside or expunged. If your only post conviction relief for MDV is that your civil rights were restored this will not satisfy 18 USC 921 (a) (20). The US Supreme Court upheld a federal gun possession conviction in Logan V. United States. The court stated: "The ordinary meaning of the word “restored”—giving back
something that has been taken away—does not include retention of something never lost." In other words civil rights can't be restored if they were never lost. Seems rediculous but the Supreme Court as well as other appeals courts can't look beyond the plain language of a statute when it is unambiguous and plain on it's face even if they disagree with it. The statute being 18 USC 921 (a) (20). Their inquiry must end at the plain language. This was critical in US v. Dupaquier 5th circuit court of appeals. The statute in that case being Article 1, Section 20 of the Louisiana constitution. Now in response to Logan, some states have changed their MDV law to make it a true misdemeanor by changing the length of the sentence to less than 1 year. They did this to avoid putting defendents at risk of violating 18 USC 922 (g). To be honest I don't know if Louisiana has changed their MDV law or not so if anyone reading this has a MDV conviction it is absolutely essential to check with your state of convition to see if they amended the sentence.
something that has been taken away—does not include retention of something never lost." In other words civil rights can't be restored if they were never lost. Seems rediculous but the Supreme Court as well as other appeals courts can't look beyond the plain language of a statute when it is unambiguous and plain on it's face even if they disagree with it. The statute being 18 USC 921 (a) (20). Their inquiry must end at the plain language. This was critical in US v. Dupaquier 5th circuit court of appeals. The statute in that case being Article 1, Section 20 of the Louisiana constitution. Now in response to Logan, some states have changed their MDV law to make it a true misdemeanor by changing the length of the sentence to less than 1 year. They did this to avoid putting defendents at risk of violating 18 USC 922 (g). To be honest I don't know if Louisiana has changed their MDV law or not so if anyone reading this has a MDV conviction it is absolutely essential to check with your state of convition to see if they amended the sentence.
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