Can Felons Buy Guns in Louisiana?

Many people have been calling to ask whether they can get their gun rights restored in Louisiana after they have been convicted of a felony. The short answer is it depends. There are many factors that need to be considered, and some situations that will preclude you forever. The easiest way to look at the question is (1). whether it has been 10 years since your conviction, (2). whether it was a crime of violence as defined by 14:2(B), and (3). whether the conviction has been expunged. 

If those three elements are all yes, then you will be able to get a firearm in the State of Louisiana. The law allows certain felonies to “cleanse” after a certain period of time, usually about ten years, and once the felony has cleansed then the State can no longer use those convictions to charge a person as a convicted felon in possession of a firearm under 14:95.1 the convicted felon in possession of a firearm statute. Further, under 40:1379.3 which is the concealed weapon statue the law outlines the requirements to be eligible to obtain a concealed weapon permit if you have been previously convicted of a felony. The law allows a person who would qualify for a concealed weapons permit to purchase a firearm.

Federal law outright prohibits anyone convicted of a felony that carries a sentence of a year or more from owning a firearm, except that if a person has received an expungement, set aside, or pardon that does not expressly preclude them from owning a firearm than the conviction would not be considered one that would preclude the owning of a firearm under Federal law. This is known as the “Unless Clause” which means that a person prohibited from owning a certain firearm under state law would also be prohibited from owning any firearms under federal law. However, if the conviction you have received meets the qualifications outlined above in order to obtain a concealed weapons permit in Louisiana then you would not have any problems with Federal law under this “Unless Clause” doctrine because the concealed weapons permit would allow you to own all types of firearms in Louisiana. Basically, if you cannot obtain a concealed weapons permit in Louisiana you will be unable to own a firearm under either state law or federal law.

Remember, the most important factor in this is what your previous conviction was for, and if it was a crime of violence you will not be able to own a firearm under either state or federal law. If you have a conviction and you have questions about whether you can obtain a firearm, call me today to discuss. Remember that filling out a federal firearm form and incorrectly checking a box can be considered a crime. Before you make a mistake that may cost you, call me to discuss your options.

When No One’s Carin’ Call McLaren!  Call 504-300-8338 or send me a message today to discuss any legal issues you might have!