Arrests, Convictions & the 2nd Amendment


Can you own/possess a firearm after a felony conviction?


Federal Law prohibits the ownership or possession of a firearm if you have been convicted in a federal court of any crime that has a possible punishment of more than one year. (even if you weren’t actually sentenced to one year)


In Louisiana, if you have been convicted of a felony crime of violence, a felony violation of the Controlled Dangerous Substance Act, or have been convicted of a sex offense you are not allowed to own or possess a firearm.


The Controlled Dangerous Substances Act prohibits possessing or distributing any illegal narcotics. This can include marijuana, heroin, methamphetamine, cocaine, and prescription drugs without a prescription.


Examples of sex offenses in Louisiana include: rape, sexual battery, molestation, and human trafficking.



How do I get my 2nd Amendment Rights Back?


In Louisiana, you are allowed to own or possess a firearm 10 years after you complete your sentence. (The sentence includes any period of probation or parole). It is important to remember that you may still get in trouble based on the federal law.


According to Federal Law, if this conviction gets expunged, set aside, or if you receive a pardon, it no longer counts as a conviction. However, if the expungement specifically states you may not possess a firearm, you are still not allowed to own or possess a firearm under federal law. This is called the “unless” clause.


The “unless clause” means that if you cannot own one type of gun under state law, you cannot own any type of gun under federal law.


What if I restore my 2nd Amendment Rights?


The bottom line is that you can restore your gun rights under Louisiana and federal law as long as you meet these conditions:

  • Your conviction was not for a crime of violence,
  • 10 years have passed since the completion of your sentence,
  • Your conviction gets expunged.


Your gun rights will restore 10 years after the completion of your sentence so long as no other felony convictions occur during that period.

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