question

[mike92]

Ok I have a few questions of a legal nature. Ok in Jan 03 I was convicted of issuing a worthless check which is a felony. I served 3 years probation payed my fines and fees and upon compleation was given a governers pardon. Also known as a first offenders pardon. But under the pardon I do not get my right to own a gun back I have to get my record expunged. Now upon doing that can I go to any gun store and buy a gun? Also can I then get a ccw? I am working in a job that recuires me to handle large ammounts of cash and one of or other employees just got robbed. thats y Im wondering all this.

 

[CavalryJim]

One bounced check makes you a felon???

You may need to speak with a lawyer about felon/guns/pardon/expungment thing.

 

[mike92]

At the time I didnt have the money to hire a real lawyer I had a public defender so I got screwed. But yes if you bounce a check you can be charged and convicted of a felony.

 

[dragginaknee]

if the check you bounce is over a certain amount it is considered a felony!
if you are able to purchase a gun you have to bring in a ton of paperwork to the gun shop and it is a pita

 

[LouisianaCarry]

RS 14§71. Issuing worthless checks

A.(1)(a) Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank, or other depository for the payment of such check, draft, or order in full upon its presentation.

(2) The offender's failure to pay a check, draft, or order, issued for value, within ten days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within ten days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

C. Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is five hundred dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

D. When the amount of the check or checks is three hundred dollars or more, but less than five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

E. When the amount of the check or checks is less than three hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of issuing worthless checks two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or be fined not more than one thousand dollars, or both.

F. When the offender has issued more than one worthless check within a one hundred eighty-day period, the amount of several or all worthless checks issued during that one hundred eighty-day period may be aggregated to determine the grade of the offense.

 

[Narco]

I had a boo boo once. With a bar (in college I banked at Hibernia) that instead of sliding it in a drawer, slide it underneath the register... It was found 5 years later(I switched to whitney), attempted to cash, bounced (well not really.. ACCOUNT CLOSED), referred to DA for charges, charges filed, warrant went to S.O.

Luckly I departed Lafourche on good terms and the warrant division remembered I moved back to NOLA, and contacted me about it. I called the DA drove up met with him and got it taken care of before it got out of hand...


I haven't wrote a check in 6 years... still have the 1st box whitney sent me back in the day...

 

[LouisianaCarry]

ATF Online FAQs

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;


(A7) How can a person apply for relief from Federal firearms disabilities?


Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.

Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

[18 U.S.C. 922(g), 922(n) and 925(c)]



(A8) Are there any alternatives for relief from firearms disabilities?


A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.

[18 U.S.C. 921(a)(20) and (a)(33)]

 

[LouisianaCarry]

Once you have received a pardon, if it does not automatically show up in the NICS system, and you would like to be able to purchase guns over the counter, you may apply to be accepted into the Voluntary Appeal File system.

Once in the VAF database, you will be issued a UPIN, which you provide on form 4473 at the time of transfer. This will expedite the approval of the transfer request.

NICS Voluntary Appeal File Brochure

Guide for Obtaining your FBI Identification Record

 

[Narco]

LC your the man

 

[LouisianaCarry]

Thanks.

What's weird is that I have yet to meet a lawyer that knows all this stuff.

I didn't even graduate 9th grade.