Yes, we can tell.
felon and firearms
- Thread starter camelspider
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Yes, we can tell.
Actually I have a lot of AKs, and I don't own a case. Well - I have a tennis racket case, but does that really count?
jetmech1983
*Banned*
Include the entire quote instead of small parts of it.
jetmech1983
*Banned*
Heck I can piece together a quote for dramatic effect. Want me to?
jetmech1983
*Banned*
Example only. no fact in above statement.
jetmech1983
*Banned*
I'll take paranoid and right rather than thinking the world is all peachy and being way wrong. And Yeah seatbelts might save lives, but it's still my right not to wear one. there you go the rest of what you snipped off.
jetmech1983
*Banned*
there you go.
I honestly think you should just confront him about it. Ask him if he'll have you over for some tea or coffee, and you two just hash it out. What's the worst thing that could happen? Oh and it is possible for convicted felons to possess fire arms after ten years, and having convictions pardoned and exponged, and even obtain their FFLs. It all depends on the nature of the convictions. sorry if someone covered this I skipped to the last page to put my two cents in, one of my favorite ffl guys is an ex convict.
Then for example,
Jonny Brown is arrested on Janurary 1, 1990 for aggravated assault. He is senteced to 10 years in prison. On Janurary 1, 2000 he is realeased serving his time in full. No parole or probation. On Januray 1, 2010 he can then legally own a gun (in LA) as long s he stayed out of trouble for those 10 years. Is this correct?
And if so, this would not be recognized by the feds right? Nor could he purchase a gun from an FFL right?
SCAR17S, I don't care about what you said, but your .gif is the bomb!
Who Dat to you? Sir!
Sandman,,I can not answer that for you,,,,as I stated,,,some felonies are treated differently. Furthermore,,,,it is 10 years after probation is completed,,,,,so one can be released from prison or they may receive a suspended sentence,,,,but have a 2 year probation. So the 10 year period begins AFTER they complete probation,,,which may be 2 years after a plea of guilty in which they received a suspended sentence but had a 2 year probation period. Most prison sentences tend to have 5 or more years of probation. And,,,from my best understanding,,,,some felonies such as armed robbery or aggravated rape are treated differently.
As far as the Feds are concerned,,,since the original offense was a State offense,,,,and the state has restored ALL RIGHTS INCLUDING GUN OWNERSHIP,,,,then the person can buy a gun legally. The FFL Form even asks this question and explains that if one has been restored their right to answer No. So yes,,,a felon who waits 10 years and has been restored their State gun rights then does have the right to buy a gun. Usually,,,the Background check is delayed.
When one fills out the FFL form,,question C asks,,,,,,
Have you ever been convicted in any coun of a felon}', or any other crime, for which the judge could have imprisoned you for more than one Year, even if YOU received a shorter sentence including probation? (See Instructions for Question II.c.)
and the exception reads:
EXCEPTION to 11.c, and 1J.i.: A person who has been convicted of a felony. or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdomeanor crime of domestic violence, not prohibited from purchasing. receiving. or possessing a firearm if: (I) under the law of the jurisdiction where the conviction occurred, the person has been pardoncd, the conviction has bcen expunged or aside, or the person has had thoir civil rights (the right to vote. sit on a jury. and hold public o(ficej taken away and later testored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to II.e. or II.i., as applicable.
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In my original reply,,,,I posted an article by Attorney James Boren. He really explained this issue much better than I can begin to explain. Read his article,,,,I think that will clarify the issue of felons owning firearms in LOUISIANA. The article link is below.
http://www.jameseboren.com/CM/Custom/GunOwnershipByConvictedFelons.pdf
That's right- don't be snitchin'.
Just look at all the splendid success 'no snitchin' has achieved here in BR and also in NOLA!
Our community is a much better place with zero police/public cooperation!
Or maybe not.
Some more excerpts from Boren's paper. http://www.jameseboren.com/CM/Custom/GunOwnershipByConvictedFelons.pdf
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.
FEDERAL LAW
The Gun Control Act of 1968 makes it illegal for any person convicted of a crime punishable by imprisonment for a year or more “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. Sec. 922(g)(1).
The text of 18 U.S.C. 922(g) places several restrictions on firearm possession. It is unlawful for the following groups of people to ship or transport in interstate or foreign commerce or possess in or affecting commerce firearms or ammunition that has also been shipped or transported in interstate or foreign commerce:
• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• A person who is a fugitive from justice; • A person who is an unlawful user of, or addicted to any controlled substance, as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802); • A person who has been adjudicated as a mental defective or who has been committed to a
mental institution; • Someone who is either an illegal alien or is otherwise illegally in the United States, or
someone admitted to the United States under a non-immigrant visa; • A person who has been dishonorably discharged from the Armed Forces; • A person who, having once been a citizen of the United States, has renounced that
citizenship; • A person subject to a court order that (a) was issued after a hearing of which that person
received actual notice and was able to participate, and (b) restrains that person from harassing, stalking, or threatening an intimate partner or child of that intimate partner, or engaging in any other conduct that would place an intimate partner in reasonable fear of bodily injury, and (c) includes a finding that such person represents a credible threat to the physical safety of such an intimate partner or child, and by its terms specifically prohibits the use, attempted use, or threatened use of physical force against such an
intimate partner or child; • A person who has been convicted in any court of a misdemeanor crime of domestic
violence.
However, as the U.S. District Court for the District of Columbia wrote in the 2003 case of Black v. Snow (272 F. Supp. 2d 21), this does not mean that a convicted felon “is forever barred from possessing firearms.” Id at 24. Indeed, there are a few options available under federal law that might allow a convicted felon to once again possess a firearm. However, at least in comparison to state laws, the federal restrictions on the possession of firearms by a previously convicted felon are more restrictive. In fact, one option that was available for convicted felons up until 1992 is no longer a possibility due to congressional inaction.
Option 1 – Certain categories of felonies excluded: While 922(g) does state that no one convicted of a “crime punishable by imprisonment for a term exceeding one year” may legally possess a firearm, this is qualified somewhat by the definition of this phrase, which is found in 18 U.S.C. 921 (20). Paragraphs A and B of this provision specifically enumerate several felonies that are not included under the umbrella of crimes “punishable by imprisonment for a term exceeding one year.”
These are any federal or state offenses “pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices” and “any state offenses classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.”
Therefore, a person convicted in federal or state court of a felony related to regulatory business practices may legally possess a firearm once they’ve completed the terms of their sentence or probation.
Option 2 – Pardons: As with some provisions of state law, federal law acknowledges that a person who has received a pardon restoring their civil rights, is also excluded from 922(g)’s restrictions on firearm possession, unless “such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.” 18 U.S.C. 921(a)(20)(B). Pardons (and the subsequent restoration of civil rights) may come in two varieties: federal or state. For a person convicted of a crime under Louisiana law, this would include the gubernatorial pardon, discussed earlier, as well as the first-offender pardon discussed in 15:572(B) and the restoration of civil rights upon completion of one’s sentence contemplated in Sec. 1, Article 20 of the Louisiana State Constitution of 1974.
The U.S. Court of Appeals for the Fifth Circuit provided a test for determining whether a person convicted of a federal crime predicated on a state offense has had their rights restored in U.S. v. Dupaquier, 74 F.3d 615 (1996). In that case, a man who had been convicted under various drug-related state offenses was later arrested and charged with being a convicted felon in possession of a firearm. The defendant argued that since more than 10 years had elapsed since his last conviction, his civil rights had been restored and thus, under federal law, he was no longer considered a convicted felon. The court ultimately agreed with the defendant’s position, and put forth a two-part test to help determine whether, for the purposes of federal law, a person’s civil rights had been restored under state law.
First, the court advises, one should determine whether the state which obtained the underlying conviction revives essentially all of the civil rights of convicted felons, whether individually or through an automatic pardon program of some sort. Id at 617. If so, you must
then determine whether the defendant is nonetheless barred from possessing a firearm by some provision of the restoration law or through some other state procedure. Id. An example would be Louisiana’s 14:95.1 restrictions on firearms possession by convicted felons.
Federal law also provides another option, the presidential pardon. Article II, Sec. 2 of the United States Constitution places no limitations on the power of the president to grant or deny pardons. Requests for such pardons are submitted to the Justice Department’s U.S. Pardon Attorney, who prepares a recommendation for the president on each application for presidential clemency, including pardons, the commutation of sentences, the remission of fines, and reprieves. The guidelines the Pardon Attorney uses in reaching his decision are found in Title 28, Chapter 1, Part 1 of the Code of Federal Regulations. These guidelines can be accessed via the Internet at www.usdoj.gov/pardon/petition.html.
--------------
I just want to add,,,,I think the La law makes a lot of sense. First off,,,,La hands out felony convictions like candy. Granted,,,many deserve these sentences,,,,but the War on drugs and La's very restrictive interpretation means that for many years people caught with paraphernalia in their car were given felony convictions. That said,,,if someone who was a young 18 year old and got caught with weed or paraphernalia,,,,pled guilty,,,then was given a first offender pardon and waited 10 years without getting into anymore trouble,,,,I see no reason why they should not regain gun ownership rights. In all honesty,,,I think any and every felon who stays out of trouble for ten years after paying the price for breaking any law deserves a second chance. They deserve to regain all rights of citizenship.
I will add,,,,La has incarcerated more people per capita than any of the other 50 states. And the USA has done so more than any other industrialized country. So,,,that means La incarcerates more people per capita than anyplace in the WORLD.
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.
FEDERAL LAW
The Gun Control Act of 1968 makes it illegal for any person convicted of a crime punishable by imprisonment for a year or more “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. Sec. 922(g)(1).
The text of 18 U.S.C. 922(g) places several restrictions on firearm possession. It is unlawful for the following groups of people to ship or transport in interstate or foreign commerce or possess in or affecting commerce firearms or ammunition that has also been shipped or transported in interstate or foreign commerce:
• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• A person who is a fugitive from justice; • A person who is an unlawful user of, or addicted to any controlled substance, as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802); • A person who has been adjudicated as a mental defective or who has been committed to a
mental institution; • Someone who is either an illegal alien or is otherwise illegally in the United States, or
someone admitted to the United States under a non-immigrant visa; • A person who has been dishonorably discharged from the Armed Forces; • A person who, having once been a citizen of the United States, has renounced that
citizenship; • A person subject to a court order that (a) was issued after a hearing of which that person
received actual notice and was able to participate, and (b) restrains that person from harassing, stalking, or threatening an intimate partner or child of that intimate partner, or engaging in any other conduct that would place an intimate partner in reasonable fear of bodily injury, and (c) includes a finding that such person represents a credible threat to the physical safety of such an intimate partner or child, and by its terms specifically prohibits the use, attempted use, or threatened use of physical force against such an
intimate partner or child; • A person who has been convicted in any court of a misdemeanor crime of domestic
violence.
However, as the U.S. District Court for the District of Columbia wrote in the 2003 case of Black v. Snow (272 F. Supp. 2d 21), this does not mean that a convicted felon “is forever barred from possessing firearms.” Id at 24. Indeed, there are a few options available under federal law that might allow a convicted felon to once again possess a firearm. However, at least in comparison to state laws, the federal restrictions on the possession of firearms by a previously convicted felon are more restrictive. In fact, one option that was available for convicted felons up until 1992 is no longer a possibility due to congressional inaction.
Option 1 – Certain categories of felonies excluded: While 922(g) does state that no one convicted of a “crime punishable by imprisonment for a term exceeding one year” may legally possess a firearm, this is qualified somewhat by the definition of this phrase, which is found in 18 U.S.C. 921 (20). Paragraphs A and B of this provision specifically enumerate several felonies that are not included under the umbrella of crimes “punishable by imprisonment for a term exceeding one year.”
These are any federal or state offenses “pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices” and “any state offenses classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.”
Therefore, a person convicted in federal or state court of a felony related to regulatory business practices may legally possess a firearm once they’ve completed the terms of their sentence or probation.
Option 2 – Pardons: As with some provisions of state law, federal law acknowledges that a person who has received a pardon restoring their civil rights, is also excluded from 922(g)’s restrictions on firearm possession, unless “such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.” 18 U.S.C. 921(a)(20)(B). Pardons (and the subsequent restoration of civil rights) may come in two varieties: federal or state. For a person convicted of a crime under Louisiana law, this would include the gubernatorial pardon, discussed earlier, as well as the first-offender pardon discussed in 15:572(B) and the restoration of civil rights upon completion of one’s sentence contemplated in Sec. 1, Article 20 of the Louisiana State Constitution of 1974.
The U.S. Court of Appeals for the Fifth Circuit provided a test for determining whether a person convicted of a federal crime predicated on a state offense has had their rights restored in U.S. v. Dupaquier, 74 F.3d 615 (1996). In that case, a man who had been convicted under various drug-related state offenses was later arrested and charged with being a convicted felon in possession of a firearm. The defendant argued that since more than 10 years had elapsed since his last conviction, his civil rights had been restored and thus, under federal law, he was no longer considered a convicted felon. The court ultimately agreed with the defendant’s position, and put forth a two-part test to help determine whether, for the purposes of federal law, a person’s civil rights had been restored under state law.
First, the court advises, one should determine whether the state which obtained the underlying conviction revives essentially all of the civil rights of convicted felons, whether individually or through an automatic pardon program of some sort. Id at 617. If so, you must
then determine whether the defendant is nonetheless barred from possessing a firearm by some provision of the restoration law or through some other state procedure. Id. An example would be Louisiana’s 14:95.1 restrictions on firearms possession by convicted felons.
Federal law also provides another option, the presidential pardon. Article II, Sec. 2 of the United States Constitution places no limitations on the power of the president to grant or deny pardons. Requests for such pardons are submitted to the Justice Department’s U.S. Pardon Attorney, who prepares a recommendation for the president on each application for presidential clemency, including pardons, the commutation of sentences, the remission of fines, and reprieves. The guidelines the Pardon Attorney uses in reaching his decision are found in Title 28, Chapter 1, Part 1 of the Code of Federal Regulations. These guidelines can be accessed via the Internet at www.usdoj.gov/pardon/petition.html.
--------------
I just want to add,,,,I think the La law makes a lot of sense. First off,,,,La hands out felony convictions like candy. Granted,,,many deserve these sentences,,,,but the War on drugs and La's very restrictive interpretation means that for many years people caught with paraphernalia in their car were given felony convictions. That said,,,if someone who was a young 18 year old and got caught with weed or paraphernalia,,,,pled guilty,,,then was given a first offender pardon and waited 10 years without getting into anymore trouble,,,,I see no reason why they should not regain gun ownership rights. In all honesty,,,I think any and every felon who stays out of trouble for ten years after paying the price for breaking any law deserves a second chance. They deserve to regain all rights of citizenship.
I will add,,,,La has incarcerated more people per capita than any of the other 50 states. And the USA has done so more than any other industrialized country. So,,,that means La incarcerates more people per capita than anyplace in the WORLD.
Right on.
jetmech1983
*Banned*
That's right- don't be snitchin'.
Just look at all the splendid success 'no snitchin' has achieved here in BR and also in NOLA!
Our community is a much better place with zero police/public cooperation!
Or maybe not.
Difference in snitching and making stuff up in your head to further your own agenda without any proof and possibly ruining some guys life.
Didnt read the part about recently moved... I moved to New Orleans dec 1
your one paranoid mofo... What agenda do you assume I have?? And how would it ruin his life... If he is a felon and he is found to have firearms well he shouldve known better. If he isn't a felon then nothing will happen.
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