Damico & Stockstill, Attorneys at Law

Can you have a gun with a white collar crime conviction?

If you've previously been convicted of a felony, you may know that it's not legal for you to own a gun. However, there is a loophole in federal law that does allow you to obtain the weapon in certain circumstances. For instance, did you know that you can apply for the "relief from the disability of not being able to possess a gun," if you're a nonviolent convict? You may apply regardless of your situation, although some convictions may support your request better than others. A 1965 amendment makes it possible for you to do so, and if you weren't determined to be a public safety risk, then you may be able to be granted the right to a gun.

Additionally, how long was your prison sentence? If it was less than one year, then you do not fall under the category of felons who may not have a gun. Of course, it is unlikely for felony convictions to result in less than a year of prison time, but it is possible, since judges do have a say in how long the sentence is.

If after fighting a conviction you are able to be pardoned or expunged of the alleged wrongdoing, you will no longer be prohibited from owning a gun. Likewise, white collar crimes resulting in felony convictions may not necessarily prohibit you from gun ownership, even if you end up in prison for longer than a year.

If you want to own a gun and have questions, let someone knowledgeable in Louisiana and federal laws help. State laws vary, but federal laws tend to overrule them in these instances.

Source: NewsMax, "Can a Felon Own a Gun? 5 Loopholes in Federal Law" Alana Marie Burke, Nov. 17, 2014

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