felon and firearms

[JR1572]

You leave out the OP of possible. I don't like my neighbor, I will say he is a felon and call the cops. If they blow it off I will continue on until they haul his ass off. If I know they are a felon sure, but this a possible not a for sure.

I understand your point.

It's possible that he is, it's possible that he isn't. We'll never know.

JR1572

 

[jetmech1983]

He always writes like that, no reason to assume he's drunk. And like JR said, if the guy is innocent, the OP can call every cop and federal agent in the country and it won't amount to anything. If the guy IS a felon in possession of firearms, then another criminal will be off the streets. So what exactly is your issue?

If you honestly believe people don't get their lives ruined because other people don't like them and accuse them of bull crap, I would love to have whatever you smoke so I can live in your world of fairies and rainbows. The real world is not correct on a lot of counts anymore, and the fact that original post included a "possible" ruins all credibility.

 

[MOTOR51]

Give me the address and me and my jack booted thugs will kick in his door for no reason at all and check it out,hehe. Just call the ATF and they will check in to it. There is even a hotline to report illegal guns. Problem solved, close thread before this gets really stupid and out of hand

 

[tim9lives]

Before you start trying to send your neighbor to jail,,,you should first make sure you know all the facts about the law.
§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.



http://www.jameseboren.com/CM/Custom/GunOwnershipByConvictedFelons.pdf
Conclusion: A person convicted of one of the crimes enumerated under La. R.S. 14:95.1 has several options as far as regaining the right to legally possess a firearm.
He may hope for a gubernatorial pardon, which would restore not only the basic rights of citizenship, but the privileges as well.
For a few of the crimes enumerated under 14:95.1 (see the second sentence of Art. 4, Sec. 5(E)(1) of the State Constitution of 1974), a convicted felon who is also a first offender under state law may serve out his required period of state and federal supervision, at which point he would receive the so-called “automatic” pardon restoring the basic rights of citizenship. (Bear in
mind that this second option applies only to first offenders who were convicted of either non- violent crimes or the few 14:95.1 exceptions mentioned in Art. 4, Sec. 5(E)(1) of the state constitution).
Third, a felon convicted of a 14:95.1 can fulfill his requirements to the state or federal government and then allow 10 years to elapse without a felony conviction, at which point they would regain the right to possess firearms.
And finally, a person convicted of a felony under 14:95.1 can serve out his sentence/probation/parole, and then apply with the sheriff of his home parish for a firearm permit, a request the sheriff may or may not grant and which would, according to the Department of Public Safety, apply only to his home parish.
Non-14:95.1-enumerated felonies: A person convicted of a felony not enumerated in La. R.S. 14:95.1 also has several options in regard to regaining the right to legally possess a firearm. The primary difference between them and someone convicted of a 14:95.1 offense is that upon receiving the automatic first-offender pardon, this person has less likelihood of experiencing the further restrictions on firearm ownership found in 14:95.1.
First-offender pardon: As discussed earlier, the so-called “automatic” first-offender pardon will restore the rights of citizenship (including gun ownership) to a person who has completed their sentence. If a person meets the definition of “first offender” found in La. R.S. 15 :572(C), then, upon the completion of their sentence, they shall regain the “rights of citizenship and franchise” without having to get a recommendation from the Board of Pardons and without having to seek gubernatorial action.
Factoring in the provisions found in Art. 4, Sec. 5(E)(1) of the state constitution, a first offender convicted of a non-violent crime should little difficulty regaining the right to legally possess firearms upon the completion of their sentence.
Completion of sentence: A second option available to non-violent offenders, one related to the first-offender pardon provision, is found in Art. 1, Sec. 20 of the Louisiana State Constitution, which, in its second sentence, proclaims that “full rights of citizenship shall be restored upon termination of state and federal supervision following conviction for any offense.”
Of course, as discussed earlier, the state Supreme Court has ruled that La. R.S. 14:95.1 can serve as a restriction on this right without offending the constitution. Therefore, a person convicted of one of the crimes enumerated in that statute would not automatically be able to possess a firearm upon completion of their sentence; instead, they would have to meet the requirements of 14:95.1 (10 years without a felony conviction, applying with their parish’s sheriff, etc.). However, for non-violent, non- 14:95.1 offenders, simply serving out one’s sentence will, in most cases, restore the right of gun ownership.
Gubernatorial pardon: In some instances, someone convicted of a non-14:95.1 felony may have to seek out a pardon from the governor, which, as mentioned earlier, would restore not only the full rights, but also the privileges, of citizenship.
10-year waiting period: A final option is found in Paragraph (C)(1) of La. R.S. 14:95.1, which states that this statue’s provisions against the possession of firearms by convicted felons do not apply to a person “who has not been convicted of any felony for a period of 10 years from the date of completion of sentence, probation, parole, or suspension of sentence.”
As this provision specifically mentions “any” felony, not just those described in 14:95.1, then one can assume that someone convicted of a non-14:95.1 felony as well would be able to
legally own a gun 10 years after completing their sentence. However, given other state provisions regarding the restoration of civil rights upon the completion of one’s sentence, then there really isn’t any need to wait that long in most cases.
Overall, it is not impossible for a person convicted of a felony under either state or federal law to regain the right to legally possess a gun in Louisiana. The first step is to ascertain the nature of their conviction. After that, it is necessary for the convicted felon to complete their sentence/probation/parole, etc., at which point (barring a gubernatorial pardon) they have several options available to them. Someone convicted of a 14:95.1 felony can either seek out a gubernatorial pardon, or else complete their sentence and wait 10 years (or maybe even apply with the sheriff of their home parish). A person convicted of a non- 14:95.1 felony can regain the right to possess and carry firearms upon the completion of their sentence, either through a first- offender pardon or through constitutional provisions regarding the restoration of the rights of citizenship.

 

[JR1572]

If you honestly believe people don't get their lives ruined because other people don't like them and accuse them of bull crap, I would love to have whatever you smoke so I can live in your world of fairies and rainbows. The real world is not correct on a lot of counts anymore, and the fact that original post included a "possible" ruins all credibility.

Anyone can accuse anyone of anything. I know that.

However, without any credible evidence to support the accusations, they remain accusations. If there is evidence that a law was broken, appropriate enforcement action is taken.

The real world isn't nice, but it isn't all gloom and doom either.

JR1572

 

[JR1572]

Before you start trying to send your neighbor to jail,,,you should first make sure you know all the facts about the law.
§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.



http://www.jameseboren.com/CM/Custom/GunOwnershipByConvictedFelons.pdf
Conclusion: A person convicted of one of the crimes enumerated under La. R.S. 14:95.1 has several options as far as regaining the right to legally possess a firearm.
He may hope for a gubernatorial pardon, which would restore not only the basic rights of citizenship, but the privileges as well.
For a few of the crimes enumerated under 14:95.1 (see the second sentence of Art. 4, Sec. 5(E)(1) of the State Constitution of 1974), a convicted felon who is also a first offender under state law may serve out his required period of state and federal supervision, at which point he would receive the so-called “automatic” pardon restoring the basic rights of citizenship. (Bear in
mind that this second option applies only to first offenders who were convicted of either non- violent crimes or the few 14:95.1 exceptions mentioned in Art. 4, Sec. 5(E)(1) of the state constitution).
Third, a felon convicted of a 14:95.1 can fulfill his requirements to the state or federal government and then allow 10 years to elapse without a felony conviction, at which point they would regain the right to possess firearms.
And finally, a person convicted of a felony under 14:95.1 can serve out his sentence/probation/parole, and then apply with the sheriff of his home parish for a firearm permit, a request the sheriff may or may not grant and which would, according to the Department of Public Safety, apply only to his home parish.
Non-14:95.1-enumerated felonies: A person convicted of a felony not enumerated in La. R.S. 14:95.1 also has several options in regard to regaining the right to legally possess a firearm. The primary difference between them and someone convicted of a 14:95.1 offense is that upon receiving the automatic first-offender pardon, this person has less likelihood of experiencing the further restrictions on firearm ownership found in 14:95.1.
First-offender pardon: As discussed earlier, the so-called “automatic” first-offender pardon will restore the rights of citizenship (including gun ownership) to a person who has completed their sentence. If a person meets the definition of “first offender” found in La. R.S. 15 :572(C), then, upon the completion of their sentence, they shall regain the “rights of citizenship and franchise” without having to get a recommendation from the Board of Pardons and without having to seek gubernatorial action.
Factoring in the provisions found in Art. 4, Sec. 5(E)(1) of the state constitution, a first offender convicted of a non-violent crime should little difficulty regaining the right to legally possess firearms upon the completion of their sentence.
Completion of sentence: A second option available to non-violent offenders, one related to the first-offender pardon provision, is found in Art. 1, Sec. 20 of the Louisiana State Constitution, which, in its second sentence, proclaims that “full rights of citizenship shall be restored upon termination of state and federal supervision following conviction for any offense.”
Of course, as discussed earlier, the state Supreme Court has ruled that La. R.S. 14:95.1 can serve as a restriction on this right without offending the constitution. Therefore, a person convicted of one of the crimes enumerated in that statute would not automatically be able to possess a firearm upon completion of their sentence; instead, they would have to meet the requirements of 14:95.1 (10 years without a felony conviction, applying with their parish’s sheriff, etc.). However, for non-violent, non- 14:95.1 offenders, simply serving out one’s sentence will, in most cases, restore the right of gun ownership.
Gubernatorial pardon: In some instances, someone convicted of a non-14:95.1 felony may have to seek out a pardon from the governor, which, as mentioned earlier, would restore not only the full rights, but also the privileges, of citizenship.
10-year waiting period: A final option is found in Paragraph (C)(1) of La. R.S. 14:95.1, which states that this statue’s provisions against the possession of firearms by convicted felons do not apply to a person “who has not been convicted of any felony for a period of 10 years from the date of completion of sentence, probation, parole, or suspension of sentence.”
As this provision specifically mentions “any” felony, not just those described in 14:95.1, then one can assume that someone convicted of a non-14:95.1 felony as well would be able to
legally own a gun 10 years after completing their sentence. However, given other state provisions regarding the restoration of civil rights upon the completion of one’s sentence, then there really isn’t any need to wait that long in most cases.
Overall, it is not impossible for a person convicted of a felony under either state or federal law to regain the right to legally possess a gun in Louisiana. The first step is to ascertain the nature of their conviction. After that, it is necessary for the convicted felon to complete their sentence/probation/parole, etc., at which point (barring a gubernatorial pardon) they have several options available to them. Someone convicted of a 14:95.1 felony can either seek out a gubernatorial pardon, or else complete their sentence and wait 10 years (or maybe even apply with the sheriff of their home parish). A person convicted of a non- 14:95.1 felony can regain the right to possess and carry firearms upon the completion of their sentence, either through a first- offender pardon or through constitutional provisions regarding the restoration of the rights of citizenship.

I'm familiar with it.

JR1572

 

[jetmech1983]

Give me the address and me and my jack booted thugs will kick in his door for no reason at all and check it out,hehe. Just call the ATF and they will check in to it. There is even a hotline to report illegal guns. Problem solved, close thread before this gets really stupid and out of hand

I'm all for keeping this one open. I want some actual educated reason that can contend with the fact that somebody that is proven of doing nothing wrong, can be harrassed in a way until something bad happens to them whether guilty or innocent ,in this persons mind neither matters only his personal agenda. This is amazing to me on a gun positive forum.

 

[SpeedRacer]

If you honestly believe people don't get their lives ruined because other people don't like them and accuse them of bull crap, I would love to have whatever you smoke so I can live in your world of fairies and rainbows. The real world is not correct on a lot of counts anymore, and the fact that original post included a "possible" ruins all credibility.

You accuse the OP of making assumptions, yet go on to make much more extreme assumptions yourself. You, nor I know the full story. For that reason I give the OP the benefit of the doubt, while you go on your own tangent filling in the blanks with whatever fits your agenda.

As for rainbows and fairies...that's funny coming from a guy who used the word Gestapo in the context of this thread. Who's really living in a dream world here?

 

[camelspider]

wait....what?

lol sorry for the mispelling was on the droid and well my fat fingers are not exactly the best with these damn touchpad screens..

 

[camelspider]

You leave out the OP of possible. I don't like my neighbor, I will say he is a felon and call the cops. If they blow it off I will continue on until they haul his ass off. If I know they are a felon sure, but this a possible not a for sure.

Actually I do not mind my neighbors. Just recently moved in, but I was talking to his girlfriend and she mentioned he had just gotten off parole finally. And I assumed anyone who was on parole would be a felon. I know he has the weapons as I saw him bringing them out of his trunk uncased with another person into the house. But I do see where you are coming from. and again sorry for the half assed spelling was on my droid..

What agency did you report it to that was tooo busy?

New Orleans pd

Called cops, no action taken. Read OP. So you think if the first action you take on a possiblity results in something you don't agree with you should keep on going?

so wait with this thinking, does that mean when FEMA said hey our trailers we gave out after Katrina are not making people sick.. It should have just been dropped? Your thinking isn't exactly on key... Authorities are far from ever 100% correct.

and the main reason I asked, was to see which law enforcement organization would be the best to report to. No offense to the NOPD, as I have had several officers handle situations in a professional manner(car wreck, vandalism/theft), but the LEO that I talked to didn't seem to care..

 

[jetmech1983]

You accuse the OP of making assumptions, yet go on to make much more extreme assumptions yourself. You, nor I know the full story. For that reason I give the OP the benefit of the doubt, while you go on your own tangent filling in the blanks with whatever fits your agenda.

As for rainbows and fairies...that's funny coming from a guy who used the word Gestapo in the context of this thread. Who's really living in a dream world here?

Spy on your neighbor friend. Learn some history.

 

[tim9lives]

I'm with you jetmech. I can't stand it when some people get mad at someone,,,,,and their first instinct is to find a way to ruin that persons life. They will make anonymous calls to Crimestoppers and say the person is dealing drugs,,,,or call the local LEO and say they think their neighbor is a felon and has stolen guns. This type of person also thinks they are so special,,,it's OK for them to break laws,,,,but they want to rat out their neighbor for every silly thing their feeble minds brew up. It's pure BS IMO. I have dealt with this type,,,,guy has been trying to blight my property by throwing trash in my yard and reporting me to the city. This idiot is CONVINCED that a 1966 Mustang I have in the garage is stolen. For 10 years,,,he has been telling everyone that I have a stolen car hidden in my garage. It's pitiful,,,,because I know he has repeatedly called the auto theft unit reporting me because his twisted mind is convinced I have a stolen car. It's pathetic.

Furturmore,,,a felon can own a gun in La. If they did not commit a violent felony and ten years have passed since their sentence ended,,,,,they can legally buy and own a firearm in La. That is the law.

 

[jetmech1983]

Actually I do not mind my neighbors. Just recently moved in, but I was talking to his girlfriend and she mentioned he had just gotten off parole finally. And I assumed anyone who was on parole would be a felon. I know he has the weapons as I saw him bringing them out of his trunk uncased with another person into the house. But I do see where you are coming from. and again sorry for the half assed spelling was on my droid..

So off Parole and free and clear? So you are are worried about a free and clear fella having firearms? Unless you know specifics I wouldn't make assumptions.

 

[JR1572]

,,,a felon can own a gun in La. If they did not commit a violent felony and ten years have passed since their sentence ended,,,,,they can legally buy and own a firearm in La. That is the law.

Yep. That it is.

JR1572

 

[SpeedRacer]

Spy on your neighbor friend. Learn some history.

I already have. No crimes to report. Nice **** though! Almost saw some bush, but a damn fairie riding a rainbow flew by and blocked my view.

Seriously though...you obviously are bringing some personal **** into this thread and I think it's distorting your view of the OP's situation. What's the matter, been hanging out with Mjlonir? Just finished reading 1984 again?

 

[jetmech1983]

I already have. No crimes to report. Nice **** though! Almost saw some bush, but a damn fairie riding a rainbow flew by and blocked my view.

Seriously though...you obviously are bringing some personal **** into this thread and I think it's distorting your view of the OP's situation. What's the matter, been hanging out with Mjlonir? Just finished reading 1984 again?

Personal? No. Just the way things are, and were before the wonderful third reich period which our grandfathers fought to defeat. I actually haven't read 1984 in two years now. But it does bring up some interesting facts with the national emergency alert sytem tests which have been going on without much notice. Man what a propaganda machine that is in a bad situation. Oh wait, Tv's in every house that the government can control is just in a book. Oh my bad.

 

[tim9lives]

The felon laws are complicated. One felon may be convicted of armed robbery,,,,so they can't own a gun after paroled,,,,,yet another felon may be convicted of financial fraud and after paroled they get the first offender pardon,,,,2 years pass and they can own a gun. They may even have applied to the Parole Board and received a Governors Pardon. The pardon board hands out about four or five of these every month in La.

But,,,,in the grand sense of things,,,,if everyone lived their life by the Golden Rule,,,,the world would be a much better place IMO.

 

[SpeedRacer]

Personal? No. Just the way things are, and were before the wonderful third reich period which our grandfathers fought to defeat. I actually haven't read 1984 in two years now. But it does bring up some interesting facts with the national emergency alert sytem tests which have been going on without much notice. Man what a propaganda machine that is in a bad situation. Oh wait, Tv's in every house that the government can control is just in a book. Oh my bad.

Exactly...

The government can control my TV? What if I turn it off? Will a Fourth Reich Gestapo thug kick in my door and steal my remote?

 

[camelspider]

Actually I do not mind my neighbors. Just recently moved in, but I was talking to his girlfriend and she mentioned he had just gotten off parole finally. And I assumed anyone who was on parole would be a felon. I know he has the weapons as I saw him bringing them out of his trunk uncased with another person into the house. But I do see where you are coming from. and again sorry for the half assed spelling was on my droid..

So off Parole and free and clear? So you are are worried about a free and clear fella having firearms? Unless you know specifics I wouldn't make assumptions.

How is he free and clear? I dont get your logic on this one... His girlfriend stated she was glad he was finally off parole.. Which means his 10 years isn't up yet, as parole is where the convicted person finishes his or her sentence outside of prison, and I saw him and another person tote firearms into the house... Wheres the assumptions on that? You've got about the same line of thinking as the LEO had....

 

[JR1572]

They may even have applied to the Parole Board and received a Governors Pardon. The pardon board hands out about four or five of these every month in La.

In 13 years, I have never ran across someone who had received a Governors Pardon.

JR1572