Non violent felon gun right restoration

[NickelPython357]

Is it possible for someone convicted of a non violent felony, say felony theft to petition for restoration of their right to own firearms. A friend with a more than 10 yr old felony theft conviction no priors and nothing since then would like to purchase a handgun for self defense. Is there any thing he can do? Does the new La constitutional amendment make it legal now? Probably not, but clarification would be appreciated.

 

[Leadfoot]

If I person has been convicted of felony theft more than 10 years ago, they would not be in violation of Louisiana RS 14:95.1 (Possession of a firearm or carrying concealed weapon by a person convicted of certain felonies).

 

[MOTOR51]

Is it possible for someone convicted of a non violent felony, say felony theft to petition for restoration of their right to own firearms. A friend with a more than 10 yr old felony theft conviction no priors and nothing since then would like to purchase a handgun for self defense. Is there any thing he can do? Does the new La constitutional amendment make it legal now? Probably not, but clarification would be appreciated.

Can the guy who was the victim petition for his stuff back or to take away the feeling of being victimized?


MOTOR51

 

[Leadfoot]

Can the guy who was the victim petition for his stuff back or to take away the feeling of being victimized?


MOTOR51

 

[trigger643]

Unfortunately convicted felons can petition under federal law to have their civil rights restored 5 years after release date. This includes voting and owning a firearm.

Each state has the ability to regulate the extent of the firearms ownership within the Federal legal guidelines and prevent felons from ever reacquiring the right to firearms ownership. Some states, I believe Colorado is one, allows a convicted felon to own a firearm only within the boundaries of their home and only after they have won the Federal petition restoring their civil rights.

I don't pay that much attention to Louisiana politics, but here's an article on the amendment...

http://www.thehullabaloo.com/news/article_b5fe132a-9d50-11e2-a6af-0019bb30f31a.html

 

[GunRelated]

Unfortunately convicted felons can petition under federal law to have their civil rights restored 5 years after release date. This includes voting and owning a firearm.

Each state has the ability to regulate the extent of the firearms ownership within the Federal legal guidelines and prevent felons from ever reacquiring the right to firearms ownership. Some states, I believe Colorado is one, allows a convicted felon to own a firearm only within the boundaries of their home and only after they have won the Federal petition restoring their civil rights.

I don't pay that much attention to Louisiana politics, but here's an article on the amendment...

http://www.thehullabaloo.com/news/article_b5fe132a-9d50-11e2-a6af-0019bb30f31a.html

Unfortunately? Oh, there ARE perfect people in this world, I forgot.

Sorry I come off as offensive, but we are ALL human and we ALL make mistakes. Most of us don't get caught, some do and some of the ones that do get caught actually make a change in their lives. Do these people not deserve a second chance, or do they just deserve a label they must wear the rest of their lives even though they have put their past behind them and live a normal law abiding life?

 

[GunRelated]

Is it possible for someone convicted of a non violent felony, say felony theft to petition for restoration of their right to own firearms. A friend with a more than 10 yr old felony theft conviction no priors and nothing since then would like to purchase a handgun for self defense. Is there any thing he can do? Does the new La constitutional amendment make it legal now? Probably not, but clarification would be appreciated.

If it has been 10 years since satisfaction of sentencing then your friend is legal to own a firearm. Although, he wont be eligible for a CWP. He must obtain a gubernatorial pardon for that.

 

[MOTOR51]

Unfortunately? Oh, there ARE perfect people in this world, I forgot.

Sorry I come off as offensive, but we are ALL human and we ALL make mistakes. Most of us don't get caught, some do and some of the ones that do get caught actually make a change in their lives. Do these people not deserve a second chance, or do they just deserve a label they must wear the rest of their lives even though they have put their past behind them and live a normal law abiding life?

I don't mean to sound like an ass but most people do not commit felonies. It's kinda like getting a DWI , its usually not the first time you drove drunk.


MOTOR51

 

[JR1572]

I don't mean to sound like an ass but most people do not commit felonies. It's kinda like getting a DWI , its usually not the first time you drove drunk.


MOTOR51

Call me an arrogant prick, but I don't hang out with felons when I'm off.

JR1572

 

[Dishonored]

Call me an arrogant prick, but I don't hang out with felons when I'm off.

JR1572

Ditto

 

[NickelPython357]

FYI It was a falling out between roommates that led to a yours and mine situation. Full restitution was made and all sentencing satisfied. There are situations that unfairly label people as felons because of the arbitrary monetary value placed on items that can kick it up to felony theft over misdemeanor theft. BtW your reply has NOTHING to do with the question. Opinions are like assholes, everyone has one. Sorry this is a reply to motor51

 

[MOTOR51]

FYI It was a falling out between roommates that led to a yours and mine situation. Full restitution was made and all sentencing satisfied. There are situations that unfairly label people as felons because of the arbitrary monetary value placed on items that can kick it up to felony theft over misdemeanor theft. BtW your reply has NOTHING to do with the question. Opinions are like assholes, everyone has one. Sorry this is a reply to motor51

You are correct about opinions. If you don't want them then don't start a thread.


MOTOR51

 

[MOTOR51]

FYI It was a falling out between roommates that led to a yours and mine situation. Full restitution was made and all sentencing satisfied. There are situations that unfairly label people as felons because of the arbitrary monetary value placed on items that can kick it up to felony theft over misdemeanor theft. BtW your reply has NOTHING to do with the question. Opinions are like assholes, everyone has one. Sorry this is a reply to motor51

And being that you brought it up, if he was sentenced and paid restitution then it was more than a misunderstanding. But what would I know.


MOTOR51

 

[GunRelated]

I don't mean to sound like an ass but most people do not commit felonies. It's kinda like getting a DWI , its usually not the first time you drove drunk.


MOTOR51

You missed my point entirely. Just because a person makes a mistake in life, doesn't mean he/she is a bad apple that should be tossed to the side and labeled as scum for the rest of their life. In fact, I am sure that you may be surprised to know what some people that you might associated with or see on a daily basis do/have done but have not been caught or have been caught and made a complete turnaround in their lives.

Certain felons, such as violent felons, get no pitty nor should they. The average person that lands a non-violent felony deserves a 2nd chance. What they do with that 2nd chance is on them, but don't be so quick to judge people because of their past when they are and have been walking the line and are a contributing member of society.

 

[trigger643]

Unfortunately? ...do they just deserve a label they must wear the rest of their lives...?

Yes. The label is "Felon"

 

[Leadfoot]

I answered the question in this potential shitstorm in reply #2.

If your friend can pass an NICS background on a 4473 hes GTG.

 

[JR1572]

§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.

Added by Acts 1975, No. 492, §2. Amended by Acts 1980, No. 279, §1; Acts 1985, No. 947, §1; Acts 1990, No. 328, §1; Acts 1992, No. 403, §1; Acts 1994, 3rd Ex. Sess., No. 28, §1; Acts 1995, No. 987, §1; Acts 2003, No. 674, §1; Acts 2009, No. 154, §1; Acts 2009, No. 160, §1; Acts 2010, No. 815, §1; Acts 2010, No. 942, §1.

§2. Definitions

A. In this Code the terms enumerated shall have the designated meanings:

(1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.

(2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.

(3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.

(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.

(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.

(6) "Misdemeanor" is any crime other than a felony.

(7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.

(8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.

(9) "Public officer," "public office," "public employee" or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department or institution of said state, parish, municipality, district, or other political subdivision.

(10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department or institution of said state, parish, municipality, district or other political subdivision.

(11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.

(12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.

B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":

(1) Solicitation for murder

(2) First degree murder

(3) Second degree murder

(4) Manslaughter

(5) Aggravated battery

(6) Second degree battery

(7) Aggravated assault

(8) Mingling harmful substances

(9) Aggravated rape

(10) Forcible rape

(11) Simple rape

(12) Sexual battery

(13) Second degree sexual battery

(14) Intentional exposure to AIDS virus

(15) Aggravated kidnapping

(16) Second degree kidnapping

(17) Simple kidnapping

(18) Aggravated arson

(19) Aggravated criminal damage to property

(20) Aggravated burglary

(21) Armed robbery

(22) First degree robbery

(23) Simple robbery

(24) Purse snatching

(25) Extortion

(26) Assault by drive-by shooting

(27) Aggravated crime against nature

(28) Carjacking

(29) Illegal use of weapons or dangerous instrumentalities

(30) Terrorism

(31) Aggravated second degree battery

(32) Aggravated assault upon a peace officer with a firearm

(33) Aggravated assault with a firearm

(34) Armed robbery; use of firearm; additional penalty

(35) Second degree robbery

(36) Disarming of a peace officer

(37) Stalking

(38) Second degree cruelty to juveniles

(39) Aggravated flight from an officer

(40) Aggravated incest

(41) Battery of a police officer

(42) Trafficking of children for sexual purposes

(43) Human trafficking

(44) Home invasion

Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1.

JR1572

 

[VeedUp]

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.

 

[GunRelated]

Yes. The label is "Felon"

Each person is entitled to their own opinion, however perfect they may be. Read my previous post.

 

[JR1572]

Each person is entitled to their own opinion, however perfect they may be. Read my previous post.

I don't think anyone said they're perfect. I'm not a felon, but I'm far from perfect.

JR1572