Like all states, Louisiana restricts firearm rights for those convicted of various felonies. The restrictions remain in place for ten years and are AUTOMATICALLY lifted once the ten years have passed (and the person has not been convicted of any other crime). However, in the past, the automatic restoration of firearm rights in Louisiana has NOT triggered restoration of rights under federal law. However, Louisiana has enacted a new law allowing some convicted felons to serve on civil and criminal juries. See media report here. This change may make it easier for felons to restore their firearm rights that are restricted under federal law. Here is an explanation.
Louisiana firearm rights restrictions for felons
Under Louisiana law – See La. Rev.Stat. 14:95.1(A) – it is unlawful for a person to possess a firearm or carry a concealed weapon if that person has been convicted of certain enumerated felonies. These are:
- Simple burglary, burglary of a pharmacy, of an inhabited dwelling or 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
- Certain offenses involving possession of a firearm during the sale of drugs or while in possession of drugs and other controlled substances
- Certain offenses involving carrying a firearm, or dangerous weapon by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone
- Any of various drug offenses which are felonies
- Certain crimes defined as sex offenses in Louisiana
- Any attempt to commit any of the above offenses
- Any crime committed in another state or foreign country which, if committed in Louisiana, would be one of the above-enumerated crimes
Conviction of any of these crimes will result in a ten-year ban on owning, possessing or using a firearm. According to the Louisiana Supreme Court, the “… purpose of La.R.S. 14:95.1 is to limit the possession of firearms by persons who, by their past commission of certain enumerated felonies, have demonstrated a dangerous disregard for the law and present a potential threat of further or future criminal activity.” See State v. Amos, 343 So.2d 166 (La. Sup. Court 1977). This is the standard legal justification used to restrict firearm rights for convicted felons.
Automatic restoration of Louisiana firearm rights
Unlike many states, restoration of firearm rights in Louisiana is automatic and applies to all the felonies listed above. Being automatic, this means that no action need be taken by the person seeking to restore their firearm rights. For example, no petition or other papers need be filed with a Louisiana court seeking an Order restoring firearm rights. Firearm rights are restored automatically after passage of ten years from the date of completion of sentence, probation, parole, suspension of sentence, or discharge from a mental institution by a court of competent jurisdiction AS LONG as the person has not been convicted of, or has not been found not guilty by reason of insanity, of some other felony during those ten years. See La. Rev.Stat. 14:95.1(B). Note that “completion of sentence” ALSO means full payment of any court-imposed fines.
What about restoring federal firearm rights?
Federal law restricts firearm rights for any person convicted in any court of “a crime punishable by imprisonment for a term exceeding one year.” See 18 USC 921(g)-(h); 922(g). Note the phrasing is NOT sentenced to a term of imprisonment exceeding one year, but “a crime punishable” by such a sentence. Thus, firearm rights are restricted for a conviction even if the sentence is less than one year in prison or even a non-incarceration sentence like probation or diversion.
When federal firearm rights are restricted, there are only three ways to restore those rights. The convicted felon must:
(1) Demonstrate that the felony conviction has been set aside, vacated or expunged (unless the set-aside, vacation or expungement expressly states that firearm rights are NOT restored)
(2) Obtain a pardon (unless the pardon specifically states that firearm rights are NOT restored) or
(3) Demonstrate that the convicted felon’s “civil rights” have been FULLY restored
So, while restoring firearm rights under Louisiana law is “easy” compared to other states, in the past, the automatic restoration of firearm rights pursuant to Louisiana law did not restore firearm rights restricted by FEDERAL law.
Why? Automatic restoration of firearm rights does not legally constitute a “set-aside, vacation or expungement” of the underlying conviction. That is, the conviction remains even though automatic gun rights are restored. Further, the automatic restoration of firearm rights is not a form of “pardon” that will restore federal firearm rights. Finally, under previous Louisiana statutes and judicial decisions, a convicted felon did not have his or her civil rights fully restored. The “civil rights” at issue are the right to vote, the right to serve on juries and the right to hold office. In the past, convicted felons were forever banned from serving on juries. See State v. Haynes, 514 So. 2d 1206 (La. App. 2d Cir. 1987). As such, their civil rights could never be FULLY restored and, as such, federal firearm restrictions could not be lifted.
What has changed and why might it help with restoring federal firearm rights?
As noted above, Louisiana recently changed its law with respect to convicted felons being barred from serving on juries. According to the report linked above, persons previously convicted of felonies are now “eligible for jury service if they have been off probation or parole and out of prison for five years.” This means that, under current Louisiana law, all relevant civil rights are restored to convicted felons at some point after they have completed their sentence, probation, parole or suspension of sentence. Voting rights are immediately restored upon completion of post-conviction sentencing. See La. Const. Art. I, § 10(A). Now the right to serve on a jury is restored after five years and full rights to hold elective office are restored after 15 years. La. Const. Art. I § 10 (C).
Because of the new law, it may now be possible to restore federal firearm rights based on the third method listed above – demonstrating that FULL civil rights have been restored. It has been held that, for determining whether civil rights have been sufficiently restored, generally, it is sufficient if suspension of civil rights “evaporates” upon release from prison. Under such circumstances, a felon’s civil rights can be said to have been “restored” for purposes of overcoming federal restrictions on firearm rights. See US v. Chenowith, 459 F. 3d 635 (US Court of Appeals, 5th Circuit 2006).
That being said, the legal issues are complex and it may take time to determine the effect of the new law.
What about expungement?
Aside from the above, another option for seeking restoration of federal firearm rights is to seek expungement. But, expungement is not automatic. Action must be taken. In recent years, the Louisiana legislature has been passing legislation to make Louisiana expungement easier, more widely available and to conform to federal legal requirements. The process involves filing papers with a Louisiana state court asking for expungement of eligible felony arrest, conviction and prison records. One might say that expungement means that the records become “invisible” for certain purposes (like restoring federal firearm rights). The records still exist and can be “seen” under some circumstances. But expungement can succeed in restoring federal firearm rights.
Many felony convictions are elibilble to be expunged – except for crimes involving violence and sex offenses – if:
- More than ten years has passed since the completion of any sentence or probation and
- The convicted felon has not been convicted of some other crime during those ten years
Find A Firearm Rights Attorney Today
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