Finally! FBI/ATF Are Now Recognizing that Some Louisiana Expungements Can Cure a Felon’s Disqualification to Possess a Handgun

October 19, 2020 | Category: News

Recent revisions to Louisiana’s “Concealed Carry” statute are now being evaluated by ATF and FBI to permit some prior felons to pass the National Instant Criminal Background Check System (NICS) review.  Those revisions, designed to correct the some of the inconsistencies between Louisiana and federal law relating to gun possession of prior felons, now align Louisiana with the United States Supreme Court decision in Caron v. United States.

As a result, people with a single, prior Louisiana felony who:

  1. Were sentenced under Louisiana Code of Criminal Procedure, Article 893; and
  2. Have received an expungement of the conviction; and
  3. Have gone ten years since the completion of the felony sentence without another conviction

are no longer automatically barred under federal law from possessing a firearm in Louisiana.  People meeting these requirements can now “pass” their “Brady Background Checks,” provided that they do not have other disqualifying factors.

It's a big deal.