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Denied on gun purchase….

Posted on 11/26/23 at 9:20 am
Posted by BayouSupaChamp
Ball, LA
Member since Jan 2008
832 posts
Posted on 11/26/23 at 9:20 am
Went to a gun shop, filled out the paperwork, came back denied.

A little back story….I'm in my mid 40s now…when I was 19 I caught a felony (simple burglary). In my court paperwork that I have it says that after 10 years I should be able to purchase a firearm.


My question is…what’s the best way to get this resolved? I could pay a lawyer to do it right?

Thanks for any help.
Posted by Taxman2010
In The Woods
Member since Jan 2022
584 posts
Posted on 11/26/23 at 9:25 am to
I’m pretty sure once you are a convicted felon, you are banned from voting and owning a gun for life. I’ve never heard of this 10 year rule. Have you successfully bought a gun since the 10 year mark?
This post was edited on 11/26/23 at 9:26 am
Posted by biggsc
Member since Mar 2009
34654 posts
Posted on 11/26/23 at 9:26 am to
I’d talk to a lawyer about it and bring everything.

Posted by NewIberiaHaircut
Lafayette
Member since May 2013
12313 posts
Posted on 11/26/23 at 9:32 am to
Have you looked into getting your felony charge expunged?
Posted by Big_country346
Member since Jul 2013
3861 posts
Posted on 11/26/23 at 9:34 am to
I was around the same age when I caught a charge, got that shite expunged though. Don’t know if it’s possible to still do that. I’ve never heard of a felony just disappearing.

FYI, if you ever get jumped at a bar and have steel toe boots on, kick them off. You’ll be tempted to stomp someone with a “deadly weapon”.

Might get carried out in a leather belt with shackles too, if you’re wide enough.
This post was edited on 11/26/23 at 9:35 am
Posted by The Levee
Bat Country
Member since Feb 2006
11667 posts
Posted on 11/26/23 at 9:52 am to
this thread reminds me that I saw a great little clip on YouTube talking about how you EDC guys need to find out what local law enforcement carries for their 9mm, .40, and 5.56 rounds....ask the sheriffs office. In court, they cant get you in a self-defense situation because you're using something scary like "Full Metal Jacket" or "Black" rounds
Posted by The Levee
Bat Country
Member since Feb 2006
11667 posts
Posted on 11/26/23 at 9:53 am to
talk to your lawyer and have the felony expunged
Posted by Twenty 49
Shreveport
Member since Jun 2014
20826 posts
Posted on 11/26/23 at 10:14 am to
Your best bet will likely be to pursue an expungement. The clerk of court site likely has forms for a the required filings. You might be able to do it yourself, but a lawyer with experience in the area would be best.

As you stand, your possession of a firearm or even ammo is probably a federal felony.

The 10-year deal you mentioned likely relates only to LA law's prohibition on possession by a felon. The feds have their own rules.

Linked below are some blogs by lawyers on the complicated issue.

One of them says: "Under Louisiana law, the passage of 10 years from the completion of sentence restores an individual’s right to possess a firearm; however, federal law has no such cleansing period. ... Under current ATF regulations, a person eligible for expungement who actually expunges an arrest (and conviction) from his record will be able to possess a firearm because Louisiana law does not specifically exclude the right to possess a firearm from its expungement law."

Gun Rights and Expungement

Louisiana Expungement Assistance & Advocacy Center
Posted by DownSouthDave
Member since Jan 2013
7502 posts
Posted on 11/26/23 at 10:17 am to
What did you steal?
Posted by Fencepimp
Brusly
Member since Jun 2022
1072 posts
Posted on 11/26/23 at 10:34 am to
Get it expunged. Been there. Done that…You only get one. Make it count.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 11/26/23 at 11:13 am to
quote:

I caught a felony

Did you trap it, or use dogs?








Outside of the pokey, the proper verb is "committed".

Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 11/26/23 at 11:24 am to
Getting something expunged doesn't make it 'go away.' It's always there for life.
Posted by BorrisMart
La
Member since Jul 2020
9021 posts
Posted on 11/26/23 at 11:38 am to
NOT LEGAL ADVICE:

I believe some felonies have gun restoration rights, some do not take gun rights, and some have a 10 year period. Anything violent or of a certain type tends to put it in the never own a gun again realm.

TLDR: Call a local lawyer and if you are on good terms with a Sheriff or even better a State cop maybe just mention this to them.
Posted by SwampyWaters
Member since Apr 2023
1901 posts
Posted on 11/26/23 at 11:43 am to
If it doesn't go away, what's the purpose of getting something expunged?
Posted by BorrisMart
La
Member since Jul 2020
9021 posts
Posted on 11/26/23 at 11:46 am to
quote:

If it doesn't go away, what's the purpose of getting something expunged?


it goes away for basic searches, military, LEO, basically anything serious for backgrounds it will show up. It used to matter when things were kept on paper, it's all electronic now and the internet is forever, so to speak.
Posted by cable
Member since Oct 2018
9735 posts
Posted on 11/26/23 at 12:03 pm to
I have a perfect record and it still took 4 hours for the bqckground check.
This post was edited on 11/26/23 at 4:50 pm
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 11/26/23 at 12:24 pm to
To get more money out of you
Posted by AU_RX
City of St George
Member since May 2005
4502 posts
Posted on 11/26/23 at 12:26 pm to
quote:

BorrisMart


quote:

NOT LEGAL ADVICE:


Checks out
Posted by Crawdaddy
Slidell. The jewel of Louisiana
Member since Sep 2006
19098 posts
Posted on 11/26/23 at 12:29 pm to
Buy used from private seller. Save on taxes and no one knows you own it.

Best route for anyone really
This post was edited on 11/26/23 at 12:30 pm
Posted by TigernMS12
Member since Jan 2013
5662 posts
Posted on 11/26/23 at 12:44 pm to
The Feds will not recognize/honor state expungements. If you get a felony at either the state or federal level, you’re a felon for life in the eyes of the Feds.

You can get voting rights back since those are determined solely by the State. You can have your right to possess a weapon under state law restored, at least in MS, but it’s always going to pop on a gun purchase since that’s a federal check and even if you get possessory rights back at the state level, the feds can still charge you with felon in possession in federal court.
This post was edited on 11/26/23 at 12:47 pm
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