Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

how can a non violent felony prevent you from owning a gun

and voting?...
how can a non violent felony prevent you from owning a gun and voting?
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
3/20/2013
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

It depends upon the state that you live in.

What state are you in?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


i live in louisiana, i was convicted of a felony dui. my question is, have i lost my rights to vote , and my rights to own a gun for life?

Hi Shannon,

I believe that I have some good news for you! If you have never been convicted of any other felony, your rights to vote and possess a gun are automatically restored.
Below is the law that applies:

Both the Louisiana Constitution of 1974 and the state’s criminal code recognize a type of pardon for some convicted felons--the so-called“automatic” first-offender pardon. The second sentence of Article 4, Section 5(E)(1) of the constitution states that a “first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned states that “a first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.”

In this instance, “first offender” is defined in 15:572 (c) as meaning anyone convicted in Louisiana of a felony, “but never previously convicted of a felony within this state or convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would have been a felony, regardless of any previous conviction for any misdemeanors.” This type of pardon has been recognized by Louisiana courts as restoring the basic rights of citizenship discussed in Art. 1, Sec. 20 of the state constitution. These include the right to vote, the right to work, the right to hold public office, and the right to possess firearms (subject, of course, to 14:95.1 restrictions). However, the “automatic” type of pardon does not restore the status of innocence conferred by a gubernatorial pardon. State v. Adams, 355 So. 2d 917, n3 922 (1978).

At its most basic level, this type of pardon appears to be almost administrative in function. La. R.S. 15:572(D) states that, upon the day an individual completes his sentence, “the Division of Probation and Parole of the Department of Corrections, after satisfying itself that (1) the individual is a first offender as defined herein and (2) the individual has completed his sentence shall issue a certificate recognizing and proclaiming that the petitioner is fully pardoned for the offense and that he has all the rights of citizenship and franchise, and shall transmit a copy of the certificate to the individual and to the clerk of court in and for the parish where the conviction occurred.”

There are several considerations that go along with this type of pardon. Besides restoring just the rights (and not the privileges) of citizenship, it is also a one-time-only affair. La. R.S.15:572(D). In addition, this type of pardon does not wipe the slate clean, as would a gubernatorial pardon; the status of “innocence,” thus, is not restored. State v. Adams, 355 So.2d 917, n3 922(1978). In the event of a future conviction, a person pardoned under Art. 1, Sec. 20 of the Constitution, as well as under La. R.S. 15:572(B), could have the previously pardoned conviction considered adjudicating the person as a multiple offender.

Other 14:95:1 remedies: Paragraph C of La. R.S.14:95.1 provides two other possibilities under which a person convicted of a14:95.1 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 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 convict on 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 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)

You may wish to go back to the court in which you were convicted to make sure

that the Certificate was filed, and you may wish to request a copy of the Certificate.

I hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
xavierjd and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Hi Shannon,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


thank you for your reserch and help,

You are very welcome!

Best wishes!
Ask Your Own Criminal Law Question
Oops! I hit the wrong button.

Sorry!
Ask Your Own Criminal Law Question
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: Over 20 yrs experience in prosecution and defense work

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I had a non violent felony charge 30 years ago I was
I had a non violent felony charge 30 years ago I was wondering am I allowed to order a rifle or go deer hunting in the state of Minnesota … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
55 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
I facing charges of Larceny second degree. I'm confessed of
I facing charges of Larceny second degree. I'm confessed of taking $1000 from petty cash at work. But I did not take that money. I confessed because of all the thing the detective was accusing me of d… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I wanted to know how do I go by getting a second degree
Hello I wanted to know how do I go by getting a second degree assault charge drop before court date … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was charged with second degree of breach of peace and my
Hi I was charged with second degree of breach of peace and my arraignment is tomorrow. What advice do you have for this part of the process… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I was turned down for a gun purchase for a misdemeanor I had
I was turned down for a gun purchase for a misdemeanor I had 22 years ago. I had a 242 pc and a 12031(a). I noticed that I didnt meet the criteria for 12031(a) as I was pulled over with a loaded gun i… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x