DWI and gun ownership laws

[jr70895]

I have a question that a close friend of mine is having a problem finding answers. We've looked all over google.....

He was charged with a DWIs back in 1994 his 1st offense. Again in 1995 his 2nd offense. In 1997 he was stopped and cited for his 3rd offense DWI.

He's applying for CCW and requested a copy of his rap sheet. It shows the 1996 arrest as being a felon because it was his 3rd.


Will this prevent CCW permit is one question. The 2nd is can he legally own firearms with a DWI felon charge?

They were purchased back in 2006 when Cabellas did background checks and if nothing came back in 5 days they gave you the guns.

Looking on the internet it's vague and appears that he can own a firearm after 10 years has passed since conviction of DWI....


Oh, by the way he stopped drinking in Jan 2000,

 

[enigmedic]

"Asking for a friend"

 

[jr70895]

Yes....I know that sounds fake but it's a fact....LOL

 

[flyboy]

I would contact an attorney that is very knowledgable in firearm laws for the answer.

 

[iomg8]

http://www.leaac.com/faq-resources/gun-possession-and-ownership-after-a-louisiana-conviction/

Seems like DWI doesn't stop you from owning a gun. Now the permit might be a different story.

 

[southerncanuck]

Double-check LRS 40:1379.3

C. To qualify for a concealed handgun permit, a Louisiana resident shall:

(6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the resident's probation, parole, or suspended sentence.

 

[drill sgt]

I am not a lawyer but contact one familiar with this type of research. Believe your friend (?) would have to contact any and all courts that were involved in any type of arrest / conviction / dismissal / divource / etc. and get documented proof showing disposition of any and all cases. Again documented proof of disposition no mater the time frame as to when the cases were started or cleared. Do not try and sneak anything by the processing by not giving full disclosure because of time lost waiting / loss of all moneys spent for classes and processing as well as being charged for not being truthfull on the application form because the signee swore to all info as being truthfull. .............................................................................. drill sgt.

 

[charlie12]

I am not a lawyer but contact one familiar with this type of research. Believe your friend (?) would have to contact any and all courts that were involved in any type of arrest / conviction / dismissal / divource / etc. and get documented proof showing disposition of any and all cases. Again documented proof of disposition no mater the time frame as to when the cases were started or cleared. Do not try and sneak anything by the processing by not giving full disclosure because of time lost waiting / loss of all moneys spent for classes and processing as well as being charged for not being truthfull on the application form because the signee swore to all info as being truthfull. .............................................................................. drill sgt.

Good advice from a old guy

 

[MetalVendor]

Oh, by the way he stopped drinking in Jan 2000,

Good for him! 21 years sober is quite a huge accomplishment. Addiction is a hard thing to conquer. I’m glad to hear your friend was able to do it.

 

[sailem]

The 3rd DWI makes anyone a Felon, but I think after 7 years it gets "expunged". You can always check with your District Attorney.

 

[frankinola]

as noted above, 40:1379.3 applies and by drill sgt. disclose all arrest and provide court documents on their dispositions with the application.
also have them do their right to review as allowed by the law so there are no surprises.
http://www.lsp.org/technical.html#criminal

there is no auto expungement in Louisiana - you or your attorney has to file
https://www.laclerksofcourt.org/resources/expungements

 

[themcfarland]

as noted above, 40:1379.3 applies and by drill sgt. disclose all arrest and provide court documents on their dispositions with the application.
also have them do their right to review as allowed by the law so there are no surprises.
http://www.lsp.org/technical.html#criminal

there is no auto expungement in Louisiana - you or your attorney has to file
https://www.laclerksofcourt.org/resources/expungements

came here to post this.. good deal

 

[Barry J]

The 3rd DWI makes anyone a Felon, but I think after 7 years it gets "expunged". You can always check with your District Attorney.

It never gets automatically expunged from your criminal record. After a certain amount of time, it gets taken off your driving record that insurance uses, but to have something expunged, you have to go to court and have it expunged.

 

[Core]

Double-check LRS 40:1379.3

C. To qualify for a concealed handgun permit, a Louisiana resident shall:

(6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the resident's probation, parole, or suspended sentence.

According to this his 10 years he is good to go. However, if he has domestics from the drinking, that may be another story. That would need to be expunged in court.

 

[Tib]

I have a question that a close friend of mine is having a problem finding answers. We've looked all over google.....

He was charged with a DWIs back in 1994 his 1st offense. Again in 1995 his 2nd offense. In 1997 he was stopped and cited for his 3rd offense DWI.

He's applying for CCW and requested a copy of his rap sheet. It shows the 1996 arrest as being a felon because it was his 3rd.


Will this prevent CCW permit is one question. The 2nd is can he legally own firearms with a DWI felon charge?

They were purchased back in 2006 when Cabellas did background checks and if nothing came back in 5 days they gave you the guns.

Looking on the internet it's vague and appears that he can own a firearm after 10 years has passed since conviction of DWI....


Oh, by the way he stopped drinking in Jan 2000,

21 yes sober!
That’s great.

 

[Jadams74]

This is the reason we needed Constitutional Carry passed in Louisiana. JBE figured out a way to buy his way out of the veto overturn though and here we are. We'll try again next year! You should not need permission from the government to exercise a Right that the government is specifically prohibited from infringing upon. It shouldn't surprise us though, power hungry & corrupt politicians and judges have bastardized the spirit of the 2nd amendment through re-interpretation, mis-interpretation and mis-representation since at least 1934 and they're not going to stop.

 

[drakenp81]

Yes he can get a ccw in LA if he got his 3rd offense expunged then he can apply and attach his entire rap sheet including all offenses his been arrested for an hell get approved

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[charlie12]

I would call the CHP section and try to talk to them and ask the question before spending any money. Don't get your advice from the CCW, CCP and so on. Get it from the people that say yes or no. Good luck to your friend

 

[drakenp81]

I know because I did it a few months ago so I do know what I'm talking about

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[charlie12]

I know because I did it a few months ago so I do know what I'm talking about

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So you're talking getting a LA CHP or a conceal carry weapon?