Please tell me if this sounds odd. I live in louisiana and I have a friend that was convicted of a felony for forgery 13 years ago. He completed sucsessfully 2 years of probation and has never re-offended. He recieved an automatic first offenders pardon. He went to a gun shop to have an NIBC done and it came in clean. No record of his felony conviction was found and it cleared him instantly. No delay. Now I know that louisiana allows felons to purchase fire arms ten years after they completed thier probation, sentence etc. but shouldn't the NIBC at least have his conviction on record? This seems strange.
Legal felon firearm purchase
- Thread starter sinear
- Start date
No, he didn't lie. He put yes on the form but he told me that the gun shop owner read something on the back of the form and then told him to cross through the yes, write no and then initial and date it. Is that legal? I mean my friend honestly filled out the form. He said there was some provision on the line that asked about felony convitions and it stated to referance on the back of the form. He didn't read that provision though so He didn't know what it said.
No, it's a prevision of the first offender program. As long as they obey the law and don't get into trouble then it is automatically expunged.
No, it would be considered a misdemeanor and when entered into the LEO database is entered as such.
Wayne
*and why is everyone trying to bash this guy who made a mistake, paid for it, and is now on the straight and narrow?
But the 4473 asks if he's ever been convicted of a felony ... not if he's been convicted and then that conviction was expunged.
grey area that only a lawyer informed on the specific case could give an informed decision.
i know locally, for some first-time/non-violent charges.. a common plea-bargin is the DA will delay adjudication. If you complete your probationally period, then the charges are legally dismissed. You were never actually convicted, and your record is "clean".
See 4473/12c notice 6 exception 1 for the conditions one may answer "NO" to 12C and 12I
grey area that only a lawyer informed on the specific case could give an informed decision.
i know locally, for some first-time/non-violent charges.. a common plea-bargin is the DA will delay adjudication. If you complete your probationally period, then the charges are legally dismissed. You were never actually convicted, and your record is "clean".
See 4473/12c notice 6 exception 1 for the conditions one may answer "NO" to 12C and 12I
If a felon has his rights restored by a judge, he does not have to answer yes to the question asking if he's ever been convicted etc. It just depends on the state one lives in I guess as to whether a judge will restore a felon's rights. Where a problem could occur though, is when going through a background check. The rights have been restored but the checking agency is not notified of such. Then what?
Also, a felon who buys a gun at a licensed dealer is not required to answer yes on that question anyway. Whether the background check spots him or not is something else. The SCOTUS has declared it's a violation of his 5th Amendment rights. Seems to me the left hand don't know what the right hand is doing.
Paul B.
Also, a felon who buys a gun at a licensed dealer is not required to answer yes on that question anyway. Whether the background check spots him or not is something else. The SCOTUS has declared it's a violation of his 5th Amendment rights. Seems to me the left hand don't know what the right hand is doing.
Paul B.