Application for concealed handgun permit with expungement

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Latest post 07-20-2008 6:03 PM by Trentzz. 7 replies.
  • 07-19-2008 8:08 PM

    Application for concealed handgun permit with expungement

    Hello, I live in New Orleans LA. I am planning on applying for a state concealed handgun permit. However, I was convicted of a felony firearm possession violation in Oregon in 1993. I was sentenced to two years probation. I was released from probation after one year and as per the court, the conviction was changed to a misdemeanor attempted possession. In 2007 I retained a lawyer in Oregon who successfully had the conviction expunged. According to Louisiana state law, the conviction still must be acknowledged on the permit application. The conviction, although expunged, will be considered by the state in regards to my eligibility for the permit.
    Now to me, "considered" sounds an awful lot like "denied".
    State law allows for an appeal if the permit is denied. My questions are; should I retain an attorney before applying for the permit? What kind of attorney do I need? Given the information stated above, do I have any chance of successfully obtaining the permit or should I just move to a safer city? Thank you.
  • 07-20-2008 3:13 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Feedback [*=*] re: Application for concealed handgun permit with expungement

    Second problem you will face. Federal Law prohibits that sale of a firearm to a convicted felon and they do not expunge felony convictions or recognize state expungements. Whether or not your conviction was expunged on the state level, it is still a federal crime for a convicted felon to be in possession of a hand gun.

    You can try contacting the local chapter of the NRA for an attorney who can help you through this maze, or move to a safer city.
  • 07-20-2008 9:32 AM In reply to

    re: Application for concealed handgun permit with expungement

    I had not considered that. At the time of sentencing in 1993, I was given "earned misdemeanor treatment" as indicated quite clearly by the court. This was explained to me by my attorney and by the judge that if I successfully completed probation as set fourth by the court, the conviction of "possession", a felony, would be changed to "attempted possession", which is a misdemeanor. Perhaps I have misunderstood my status. Odd because all parties involved including the judge indicated that given my successful completion of the sentence, I would be able to possess firearms again. Indeed I have legally purchased firearms since then and passed the required background checks each time. I even legally own firearms that fall under the close scrutiny of federal law and the BATFE in regards to The National Firearms Act of 1968, otherwise known as Class III firearms. At no time was I denied transfer of any firearm. After early release from probation my attorney filed the required documents and I was given written confirmation that the conviction entered on my record was a midemeanor and that I was legally able to possess firearms. If this is not so, then I am in a whole lot of trouble right now. Have I been mislead? Have I fallen throught the cracks? I find it hard to believe that after a dozen criminal background checks, some at the federal level, nothing has come up with regards to not being able to possess a firearm. I will consult with a lawyer upon my return home in two weeks, but any thoughts on this subject would be greatly appreciated. Thank you.
  • 07-20-2008 11:36 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Feedback [*=*] re: Application for concealed handgun permit with expungement

    Two possibililties:

    1. You have fallen through the cracks.

    2. Because of the nature of your conviction, it was never reported to the feds and a felony.
  • 07-20-2008 3:19 PM In reply to

    Feedback [*=*] re: Application for concealed handgun permit with expungement

    As DOCAR had indicated, solving the problems with regard to state law can still leave you exposed to prosecution under the federal laws.

    For example, in CA, the state has legalized the possession of mariojuana for medical purposes. The feds still consider it a crime. While CA would not prosecute a defendant that has complied with the state law, the feds are not prohibited from doing so.

    You need a lawyer familiar with the laws of both the state as well as the federal law. Recall your mother having probalby told you, "mistakes of law" is not a defense. Likewise, "but my lawyer did not tell me" are also very weak, if non-existent, defenses.

  • 07-20-2008 4:16 PM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
    • TX
    • Posts 7,474

    Feedback [*=*] re: Application for concealed handgun permit with expungement

    "I am planning on applying for a state concealed handgun permit."

    So do it and see what happens.

    If the worst that happens is that you are denied the concealed permit, you still have your guns and I doubt that anybody will be knocking on your door looking for them.

    Not sure what would happen if it were granted and then somebody decided that you couldn't legally possess said firearm.

    Good luck

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 07-20-2008 4:59 PM In reply to

    More [=+=] re: Application for concealed handgun permit with expungement

    >>>>Not sure what would happen if it were granted and then somebody decided that you couldn't legally possess said firearm.

    If memory serves me correct, there is a website by the feds that provides a worksheet that a person can use to determine if they may lawfully possess a weapon. This might be the cheapest and most expedient way to see what the feds think. Maybe someone has that link.

  • 07-20-2008 6:03 PM In reply to

    More [=+=] re: Application for concealed handgun permit with expungement

    Work your way through this worksheet to see if you are disqualified.

    http://www.letswrap.com/legal/firearms.htm
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