diesel556
Lone Star Veteran
imported post
From what I can see, the federal law only prohibits possession of firearms or ammunition that have been shipped in interstate or foreign commerce. I suppose this would seriously limit his purchase options, but I don't see how the blanket statement, "he can't legally possess any firearms" can be applied.
I also do not see anything in the Louisiana code that would prohibit him from possessing a firearm. The most pertinent statute I could find (which does not seem to apply to him) was "§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies".
Is there another piece of code that I've missed? All in all this is a sticky situation, and I would personally just wait until the fine had been paid in it's entirety, but that might not be his only legal option. Again I am talking about FTF not FFL. Perhaps someone from LA could chime in?
Louisiana Code:
http://www.legis.state.la.us/lss/lss.asp?doc=78740
Federal Code:
http://www4.law.cornell.edu/uscode/18/922.html
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection
(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
ETA: Federal code was mangled
From what I can see, the federal law only prohibits possession of firearms or ammunition that have been shipped in interstate or foreign commerce. I suppose this would seriously limit his purchase options, but I don't see how the blanket statement, "he can't legally possess any firearms" can be applied.
I also do not see anything in the Louisiana code that would prohibit him from possessing a firearm. The most pertinent statute I could find (which does not seem to apply to him) was "§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies".
Is there another piece of code that I've missed? All in all this is a sticky situation, and I would personally just wait until the fine had been paid in it's entirety, but that might not be his only legal option. Again I am talking about FTF not FFL. Perhaps someone from LA could chime in?
Louisiana Code:
http://www.legis.state.la.us/lss/lss.asp?doc=78740
Federal Code:
http://www4.law.cornell.edu/uscode/18/922.html
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection
(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
ETA: Federal code was mangled
