Federal Law

June 21, 2021

Additionally, when you expunge a felony, your firearm rights are not necessarily restored. Under Louisiana law there is a 10-year cleansing penalty for some felonies which would allow you to restore your right to bear arms. That is not necessarily the case under federal law. Federal law is more narrowly construed to limit the restoration of gun rights, including a prohibition of gun rights to individuals engaging in crimes involving controlled dangerous substances, domestic violence, or crimes against an intimate partner. This often comes into play when people come to me having pled guilty to a misdemeanor domestic abuse batter, or a crime derived therefrom, and have lost their gun rights without even realizing the consequences of their plea. Unfortunately, know realizing the consequences of your actions at the time of the plea is not an excuse and does not fix the situation.

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