4.7 Gun Rights Restoration

Many individuals may be seeking gun rights restoration, which is an unsettled area of law with overlapping and potentially inconsistent federal and state requirements.

A person who can be prosecuted under La. R.S. 14:95.1 as a “felon with a firearm” is legally barred from gun ownership. The Louisiana State Police (LSP) will generally not grant a gun license to such a person. After a cleansing period and/or expungement, however, it may be possible to get a license. Nevertheless, a permit from the state of Louisiana following an expungement does not guarantee that the federal government will recognize that an individual’s firearm rights have been restored. For example, anyone who was arrested on a crime related to domestic violence and pleaded to a lesser charge that included an element of violence (i.e., arrested for domestic abuse battery, but pleaded to simple battery) may be permanently barred from carrying a weapon under current federal law.1

As a result, an individual with a Louisiana permit found carrying a weapon by a sheriff or LSP may face no charges or issues after showing the license, but the same person investigated or stopped by the FBI, ATF, or federal game wardens may still face federal firearm charges. Many advocates encourage individuals with criminal records to get the most stringent license – a conceal carry permit – to ensure as much compliance as possible with federal law

• 118 U.S.C §§ 921–922.