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Appealing to Regain Carry Rights

Posted on 10/3/25 at 7:40 pm
Posted by DarthTiger
Member since Sep 2005
3185 posts
Posted on 10/3/25 at 7:40 pm
I have a neighbor who is a prior felon, served his time, and has been a law abiding citizen since. He assaulted a leo when he was younger and was intoxicated at the time. For anyone that knows, what do you think his chances of getting his carry rights back would be? I plan to help him with the appeal and will try to include letters attesting to his character, his history of sobriety, etc. The biggest downside is that it was a leo he assaulted. I'm not exactly sure how long ago it was but I would guess 40 years at the very least.
Posted by Whisky Dent
Louisiana
Member since Jan 2022
60 posts
Posted on 10/3/25 at 9:32 pm to
I have no advice for you, but I hope he gets his rights back. “Shall not be infringed” is pretty clear on its intention.
Posted by TigernMS12
Member since Jan 2013
5661 posts
Posted on 10/4/25 at 11:15 am to
I don’t know what State you’re in but in MS he would first have to get an expungement or a restoration of rights to even be able to own a firearm under state law. Then he’d still have to pass the background check which would be tricky since the background checks are ran through the Feds and they do not always recognize state level expungements (they have to be done a certain way; contact an attorney in your jurisdiction for this).
This post was edited on 10/4/25 at 11:19 am
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79560 posts
Posted on 10/4/25 at 1:08 pm to

It's been a dead end since 1992.

Under 18 U.S.C. § 925(c), convicted felons (and others prohibited from possessing firearms under federal law, such as those with certain misdemeanor domestic violence convictions) can apply to the Attorney General for relief from federal firearms disabilities if they can demonstrate they are not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to public interest.

This process was delegated to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which actively reviewed and granted thousands of applications in the 1980s and early 1990s (e.g., about 40% approval rate for processed cases).

However, since 1992, Congress has included annual appropriations riders prohibiting ATF from using funds to investigate or act on these applications, effectively halting the process—no applications have been processed federally since then.

If someone submits an application today, ATF returns it unprocessed.

Posted by cgrand
HAMMOND
Member since Oct 2009
46064 posts
Posted on 10/4/25 at 1:30 pm to
quote:

The biggest downside is that it was a leo he assaulted
I mean you kinda have to draw the line somewhere. this is not an “infringement” this is a consequence of behavior. Best of luck but I really don’t have a problem with this being permanent for violent assault
Posted by Shut Up Mulllet
Member since Apr 2021
963 posts
Posted on 10/4/25 at 1:30 pm to
The Democrats stopped funding the program thru the ATF years ago.
Recently the Trump administration began moving the program from the ATF to the Justice Department. I think the rule is still in the comment phase. It sounds like they are creating a web based program to restore rights. Loads of info on it.
Posted by redfish99
B.R.
Member since Aug 2007
18608 posts
Posted on 10/4/25 at 4:17 pm to
LSP can be talked in to doing anything….
Posted by bbvdd
Memphis, TN
Member since Jun 2009
27938 posts
Posted on 10/4/25 at 4:53 pm to
quote:

Shall not be infringed” is pretty clear on its intention.


I agree in most cases but not for felons.
Posted by DarthTiger
Member since Sep 2005
3185 posts
Posted on 10/4/25 at 11:25 pm to
quote:

but I really don’t have a problem with this being permanent for violent assault


Me either but this guy is a really good fella. He was an alcoholic but has been sober for quite a while. He's in his early 70s.

Thanks for the info fellas.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
33531 posts
Posted on 10/5/25 at 10:04 am to
that's not carry rights, that's possession rights
Posted by Finchboyz
Choclate city
Member since May 2018
550 posts
Posted on 10/5/25 at 10:33 am to
As another has said the first step is expungement. From what i understand with Louisiana law we are one of the few states that firearm rights are considered a fundamental right and is restored after a certain time after the completion of sentence so he is probably cleared of that by now.
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
9818 posts
Posted on 10/5/25 at 10:41 am to
If in Louisiana, get an attorney to expunge it, then help and get your CCP with LSP. Once that's all done, you won't need to worry about a NICS background check. You'll not only be able to possess firearms legally but purchase them also. It's been done before and can still be done.
This post was edited on 10/5/25 at 10:42 am
Posted by MakersMark
Baton Rouge
Member since May 2007
652 posts
Posted on 10/5/25 at 11:11 am to
You are correct about the Louisiana part. After a certain amount of time has gone by, you can own and carry a gun. However, since background checks are done by the Feds, you will not be able to purchase a gun from a gun store. You would have to buy from individuals.
I did a non violent stupid thing in my early 20's which was a felony. That was back in the very early 90's. I can legally own a gun in Louisiana but my background check at a gun store still gets rejected.
Everything is expunged and this is still the case.
Posted by Finchboyz
Choclate city
Member since May 2018
550 posts
Posted on 10/5/25 at 11:21 am to
Did you do the ccp with LSP?
Posted by MakersMark
Baton Rouge
Member since May 2007
652 posts
Posted on 10/5/25 at 11:24 am to
No. That's something that I need to try.
Posted by DarthTiger
Member since Sep 2005
3185 posts
Posted on 10/5/25 at 12:55 pm to
quote:

If in Louisiana


We're in Alabama.
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
9818 posts
Posted on 10/5/25 at 12:58 pm to
quote:

However, since background checks are done by the Feds, you will not be able to purchase a gun from a gun store. You would have to buy from individuals.


This is false in Louisiana. The CCP means you bypass the NICS check.
Posted by Floating Change Up
Member since Dec 2013
12828 posts
Posted on 10/5/25 at 1:16 pm to
quote:

The biggest downside is that it was a leo he assaulted.


Tough situation, but assault of LEO should have lasting consequences unless there is special circumstances - like “the cop was drunk and his actions were abusive.”

“I was young and drunk”, does not qualify in my book.

Eta:
quote:

He's in his early 70s.


So, he did this when he was in his 30’s!? Naw, that’s definitely in the, “you were too old to be considered young and foolish “ category.
This post was edited on 10/5/25 at 1:22 pm
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
9818 posts
Posted on 10/5/25 at 3:26 pm to
quote:

We're in Alabama.


Same thing applies. Get the CCP and bypass NICS then you can possess and buy firearms.
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
9818 posts
Posted on 10/5/25 at 3:30 pm to
quote:

agree in most cases but not for felons.

BS. If you aren't locked up, you should get your rights back. That's how it should be.
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