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re: Question on felon's and primitive weapons.

Posted on 11/22/13 at 5:52 pm to
Posted by Bigpoppat
Drinking a Manhattan
Member since Oct 2008
9222 posts
Posted on 11/22/13 at 5:52 pm to
Black powder rifles are a no-no for a felon to possess.

Look at Louisiana revised statute 14:95.1

Im an assistant district attorney fwiw
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 11/22/13 at 5:57 pm to
quote:

Black powder rifles are a no-no for a felon to possess.

Look at Louisiana revised statute 14:95.1

Guess that's a Louisiana thing. I stand corrected.
Posted by cassopher
Lake Charles
Member since Jan 2010
709 posts
Posted on 11/22/13 at 7:08 pm to
quote:

Black powder rifles are a no-no for a felon to possess.

Look at Louisiana revised statute 14:95.1

Im an assistant district attorney fwiw





Even an ADA should know there are loopholes in the law.




Other 14:95:1 remedies: Paragraph C of La. R.S. 14:95.1 provides two other possibilities under which a person convicted of a 14:95.1 felony may regain their right to possess a firearm.
1. 10-year cleansing: Under La. R.S. 14:95.1(C)(1), the provisions of this statute regarding the possession of firearms and the carrying of concealed weapons by persons convicted of certain enumerated felonies do not apply to a person who has not been convicted of any felony “for a period of 10 years from the date of completion of sentence, probation, parole, or suspension of sentence.” ?Thus, if a person allows 10 felony-free years to elapse after the completion of their state or federal supervision, then, according to the language of 14:95.1, they should regain the right to possess a firearm.
2. Sheriffs permits: A second option available under 14:95.1(C) revolves around the discretion of the sheriff of the parish in which the person resides. Under 14:95.1(C)(2), upon completion of their state or federal supervision, a convicted felon has the right to apply to the sheriff of his home parish (or the superintendent of police, if he resides in Orleans Parish) for the right to possess firearms. ?If this permit is granted, the felon has the right to possess firearms within boundaries set by that sheriff (such as only allowing the convicted felon to carry a long gun during deer season, for example). The sheriff or other chief law enforcement officer of a parish has substantial discretion under this statute, allowing him to narrowly define the circumstances, if any, under which a convicted felon may possess a firearm within that parish. ?State law does require any sheriff or superintendent of police who decides to issue such a permit to notify, in writing, the Department of Public Safety. Officials within the Department of Public Safety say that the ability to carry a firearm under this subsection of the law is restricted to just the convicted felon’s home parish. ?Also, should the existence of such a permit ever come into question, the burden of proof may very well fall on the shoulders of the convicted felon claiming to possess it. State v. Augillard, 371 So.2d 798, 800 (La. 3-2-1979).


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