I plead guilty to a felony and the imposition of the sentence was deferred under Article 893. After completing the required probation and paying fines, the charge was set aside and the prosecution dismissed it under Article 893. Following that, the record was expunged.
Fast forward 10 years.
I've gone round and round with NICS and was successful in receiving a UPIN after various Proceed, Delay, and Denials. The UPIN was granted after sending fingerprints and court documents as requested. Several purchases went through without a problem.
Recently, I was given a proceed during a purchase at an FFL. A day later I got a call saying I was denied and had to return the firearm. Flabbergasted, I requested a reason and appealed. The reason was the same as the original one I got before getting the UPIN. I thought it was just a mistake. A few weeks later, I get a letter stating that an individual convicted of a felony in Louisiana is prohibited under state law from obtaining a Concealed Carry Permit per Louisiana Revised Statute 40:1379.3(C) (10). I knew this, never liked it, but do not see how it restricts ownership (no does my attorney). The letter goes on to state that if a state imposes a partial restriction on an individual's ability to carry or possess one or more types of firearms by a convicted felon, even after basic civil rights have been restored, the individual remains convicted for the purposes of the Gun Control Act. They reference Caron v. United States, 524 US 308 (1998). They state that this prohibition remains valid for cases sentenced under Louisiana Code of Criminal Procedure Article 893, and which have received a set aside, dismissal, and/or expungement.
This is contrary to all other information I have found regarding the intent of Article 893's expungement and restoration of rights:
Fast forward 10 years.
I've gone round and round with NICS and was successful in receiving a UPIN after various Proceed, Delay, and Denials. The UPIN was granted after sending fingerprints and court documents as requested. Several purchases went through without a problem.
Recently, I was given a proceed during a purchase at an FFL. A day later I got a call saying I was denied and had to return the firearm. Flabbergasted, I requested a reason and appealed. The reason was the same as the original one I got before getting the UPIN. I thought it was just a mistake. A few weeks later, I get a letter stating that an individual convicted of a felony in Louisiana is prohibited under state law from obtaining a Concealed Carry Permit per Louisiana Revised Statute 40:1379.3(C) (10). I knew this, never liked it, but do not see how it restricts ownership (no does my attorney). The letter goes on to state that if a state imposes a partial restriction on an individual's ability to carry or possess one or more types of firearms by a convicted felon, even after basic civil rights have been restored, the individual remains convicted for the purposes of the Gun Control Act. They reference Caron v. United States, 524 US 308 (1998). They state that this prohibition remains valid for cases sentenced under Louisiana Code of Criminal Procedure Article 893, and which have received a set aside, dismissal, and/or expungement.
This is contrary to all other information I have found regarding the intent of Article 893's expungement and restoration of rights:
The dismissal of prosecution shall have the same effect as an acquittal, except that the conviction may be considered as a first offense and provide the basis for subsequent prosecution of the party as a multiple offender, and shall be considered as a first offense for purposes of any other law or laws relating to cumulation of offenses. Dismissal under this Subparagraph shall have the same effect as an acquittal for purposes of expungement under the provisions of R.S. 44:9 and may occur only once with respect to any person.