Can Felons Buy Guns in Louisiana?
Many individuals are asking whether it’s possible to restore gun rights in Louisiana after a felony conviction. The answer: it depends. Several factors determine whether you’re eligible to regain your firearm rights, and in some cases, it may not be possible at all. Here are the key considerations:
Has it been 10 years since your conviction?
Was your conviction for a crime of violence as defined by Louisiana statute 14:2(B)?
Has your conviction been expunged?
If you meet these three criteria, you may be able to legally own a firearm in Louisiana. Louisiana law allows certain felonies to "cleanse" after about 10 years, meaning the state can no longer use those convictions to charge you as a convicted felon in possession of a firearm under Louisiana statute 14:95.1. Additionally, Louisiana's concealed weapon statute, 40:1379.3, outlines the qualifications for obtaining a concealed weapon permit after a felony conviction. If you qualify for a concealed weapons permit, you can also legally purchase a firearm in the state.
Federal Law and Gun Rights Restoration
Federal law generally prohibits anyone convicted of a felony that carries a sentence of one year or more from owning a firearm. However, there’s an exception known as the “Unless Clause.” If your conviction has been expunged, set aside, or pardoned—and it doesn't explicitly bar you from owning a firearm—you may be eligible under federal law to own a firearm.
If you meet the qualifications to obtain a concealed weapons permit in Louisiana, you won't have issues with federal law under the "Unless Clause." Essentially, if you cannot obtain a concealed weapons permit in Louisiana, you will be prohibited from owning a firearm under both state and federal law.
Key Factors for Gun Rights Restoration
The most crucial factor in determining your eligibility to restore gun rights is the nature of your conviction. If your felony was for a crime of violence, you will be prohibited from owning a firearm under both state and federal law.
If you have questions about whether you can restore your gun rights after a felony conviction, call me today. Filling out a federal firearm form incorrectly could result in new criminal charges, so it’s essential to consult with an attorney before taking action.
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!