I know this is rather wordy, But I have done tons of research, and these are my findings.
I have read a lot of negative comments about HB 142, and wanted inform those who don't exactly understand it, to understand its real purpose. And that is to counter the Federal Government's, latest attempt to undermine the state of Louisiana's constitution. In late 2014 the FBI and ATF set out on a quest to prohibit as many citizens of Louisiana from owning firearms as possible. And they did so by relying on one word, from a 16 year old court case. And this has the potential to affect 10s or perhaps 100s of thousands of Louisiana citizens.
This may come as a surprise to some of you, but here goes. If you don't believe me just grab an ATF form 4473 and check it out. Read question 11C then flip the form over and read exception to 11C. And that will bring some level of clarity.
Federal law prohibits the possession or receipt of firearms by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year. An exception to this provides that any conviction which has been expunged, set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this ban, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. Under Louisiana law, a person convicted of a felony who had his conviction expunged, or set aside or had been pardoned or had civil rights restored was entitled to purchase and possess firearms. Yes the FBI NICS section does approve these transactions.
In 2014, ATF and FBI began notifying affected parties that because Louisiana prohibits persons convicted of a felony from obtaining concealed carry permits, the "unless" clause mentioned above is triggered. In other words, because the state restricts the ability of persons convicted of a felony to carry firearms concealed, those persons now become prohibited to purchase or possess guns under federal law -- even if they have received pardons, had convictions set aside, gotten expungement or had their civil rights restored. The agencies relied on a 16-year old court case for this new interpretation of the "unless" clause, which seems to fly in the face of restoration of rights provisions under both federal and state law. Many among the affected parties legally purchased and owned firearms for years prior to this new finding.
HB 142 amends the state's concealed carry law to account for cases where a "cleansing period" has elapsed and an expungement has been obtained, or a gubernatorial pardon has been issued (unless the pardon expressly provides that the person may not ship, transport, possess or receive firearms.)
So this bill really just closes up the loophole in the language the of LA CCP program, that Federal government was using to make the citizens of Louisiana, Prohibited Persons again. These folks have worked hard to get their lives in order and have their rights restored, to just have them taken away again. In my opinion, I don’t think it is fair to those affected persons. I am willing to venture that most of you who are reading, will have someone that you know, or that is related to you affected by this, whether you know it or not.
So is HB 142 a good thing? I believe it is a fair thing. What are your thoughts?
I have read a lot of negative comments about HB 142, and wanted inform those who don't exactly understand it, to understand its real purpose. And that is to counter the Federal Government's, latest attempt to undermine the state of Louisiana's constitution. In late 2014 the FBI and ATF set out on a quest to prohibit as many citizens of Louisiana from owning firearms as possible. And they did so by relying on one word, from a 16 year old court case. And this has the potential to affect 10s or perhaps 100s of thousands of Louisiana citizens.
This may come as a surprise to some of you, but here goes. If you don't believe me just grab an ATF form 4473 and check it out. Read question 11C then flip the form over and read exception to 11C. And that will bring some level of clarity.
Federal law prohibits the possession or receipt of firearms by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year. An exception to this provides that any conviction which has been expunged, set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this ban, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. Under Louisiana law, a person convicted of a felony who had his conviction expunged, or set aside or had been pardoned or had civil rights restored was entitled to purchase and possess firearms. Yes the FBI NICS section does approve these transactions.
In 2014, ATF and FBI began notifying affected parties that because Louisiana prohibits persons convicted of a felony from obtaining concealed carry permits, the "unless" clause mentioned above is triggered. In other words, because the state restricts the ability of persons convicted of a felony to carry firearms concealed, those persons now become prohibited to purchase or possess guns under federal law -- even if they have received pardons, had convictions set aside, gotten expungement or had their civil rights restored. The agencies relied on a 16-year old court case for this new interpretation of the "unless" clause, which seems to fly in the face of restoration of rights provisions under both federal and state law. Many among the affected parties legally purchased and owned firearms for years prior to this new finding.
HB 142 amends the state's concealed carry law to account for cases where a "cleansing period" has elapsed and an expungement has been obtained, or a gubernatorial pardon has been issued (unless the pardon expressly provides that the person may not ship, transport, possess or receive firearms.)
So this bill really just closes up the loophole in the language the of LA CCP program, that Federal government was using to make the citizens of Louisiana, Prohibited Persons again. These folks have worked hard to get their lives in order and have their rights restored, to just have them taken away again. In my opinion, I don’t think it is fair to those affected persons. I am willing to venture that most of you who are reading, will have someone that you know, or that is related to you affected by this, whether you know it or not.
So is HB 142 a good thing? I believe it is a fair thing. What are your thoughts?