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Felon Gun Rights in Louisiana

Automatic restoration

It depends. Under Louisiana state law, if 10 years have passed since you completed your sentence (including probation and parole) and you have not been convicted of another felony, you can possess a firearm without violating state law. This applies to most felonies including crimes of violence and drug offenses. However, federal law under 18 USC 922(g)(1) still prohibits you from possessing firearms regardless of the 10-year state cleansing period — a full gubernatorial pardon or expungement is needed to address the federal ban.

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Overview

Louisiana has a 10-year 'cleansing period' under La. R.S. 14:95.1 for persons convicted of certain felonies. After 10 years from completion of sentence (including probation, parole, and suspension of sentence) with no new felony convictions, the state-level firearm prohibition expires automatically — no petition or application is needed. This applies to crimes of violence, sex offenses, drug offenses, and other enumerated felonies. However, this state-level cleansing does NOT lift the federal firearms prohibition under 18 USC 922(g)(1). For nonviolent first offenders, Louisiana's first offender pardon (automatic upon completion of sentence) may restore some rights but does NOT restore firearm rights. A full gubernatorial pardon is the only way to address both the state and federal firearm prohibitions before the 10-year period expires.

Quick Answer

It depends. Under Louisiana state law, if 10 years have passed since you completed your sentence (including probation and parole) and you have not been convicted of another felony, you can possess a firearm without violating state law. This applies to most felonies including crimes of violence and drug offenses. However, federal law under 18 USC 922(g)(1) still prohibits you from possessing firearms regardless of the 10-year state cleansing period — a full gubernatorial pardon or expungement is needed to address the federal ban.

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. Louisiana's 10-year cleansing period under La. R.S. 14:95.1 is a state-law protection that bars state prosecution after 10 years — it does NOT formally 'restore' civil rights, and the federal government does not recognize it as lifting the federal ban. Louisiana's first offender pardon (La. C.Cr.P. Art. 893) also does NOT restore firearm rights or lift the federal ban. Only a full gubernatorial pardon or expungement of the conviction may lift the federal firearms disability under 18 USC 921(a)(20). For nonviolent offenders whose conviction is more than 10 years past completion of sentence, an expungement combined with the passage of time may satisfy the federal standard. The revived 18 USC 925(c) federal petition process may also provide an additional pathway.

Can restore gun rights

  • Persons whose conviction is 10+ years past completion of sentence (including probation and parole) with no new felony convictions — state-level prohibition under La. R.S. 14:95.1 expires automatically
  • Persons who receive a full gubernatorial pardon from the Louisiana Governor — lifts both state and federal firearms disabilities
  • Persons whose felony conviction is expunged — expungement combined with passage of the 10-year cleansing period may lift both state and federal prohibitions
  • Persons whose conviction is overturned on appeal or post-conviction review
  • Persons eligible for the revived federal 18 USC 925(c) petition process

Cannot restore gun rights

  • Persons within the 10-year cleansing period — still prohibited under state law regardless of offense type
  • Persons convicted of a new felony during the 10-year period — the clock resets
  • Persons who only received a first offender pardon (La. C.Cr.P. Art. 893) — this does NOT restore firearm rights
  • Persons convicted of domestic violence offenses or subject to active protective orders — separate prohibitions apply under both state and federal law
  • Persons whose conviction is more than 10 years old but who have not addressed the federal prohibition — legal under state law but still illegal under federal law
  • Persons convicted of a federal felony — Louisiana's state-level mechanisms do not apply to federal convictions

Step-by-Step Process

1

Calculate your 10-year cleansing period

Determine the date you completed your sentence, including all probation, parole, and suspension of sentence. Add 10 years to that date. If that date has passed and you have not been convicted of another felony, the state-level prohibition under La. R.S. 14:95.1 has expired. No application or petition is needed for the state-level cleansing.

2

Understand the federal limitation

Even if the 10-year state cleansing period has passed, you are still prohibited from possessing firearms under federal law (18 USC 922(g)(1)). The state cleansing period does not lift the federal ban. To address the federal prohibition, you need a full gubernatorial pardon or expungement of the conviction. This step is critical — many people are unaware of the federal layer.

3

Seek expungement of the conviction (if eligible)

Louisiana law allows expungement of certain felony convictions after completion of sentence. For non-violent, non-sex offense convictions, expungement eligibility varies by offense and waiting period. An expungement removes the conviction from your record and may lift the federal firearms disability when combined with the 10-year cleansing period. File a motion to expunge in the court where you were convicted.

4

Apply for a full gubernatorial pardon (if needed)

If expungement is not available or you want the most definitive restoration, apply for a full pardon from the Louisiana Governor. Note: the first offender pardon (automatic under Art. 893) does NOT restore gun rights — you need a full gubernatorial pardon. Apply through the Louisiana Board of Pardons and Parole, which makes recommendations to the Governor. The application requires a hearing before the Board.

5

Attend the Board of Pardons hearing

If you apply for a gubernatorial pardon, the Board of Pardons and Parole will schedule a hearing. Present evidence of rehabilitation, employment, community ties, and the time elapsed since your conviction. The Board makes a recommendation to the Governor, who has sole authority to grant or deny the pardon.

6

Receive the pardon or expungement order

If a full gubernatorial pardon is granted, it lifts both the state and federal firearms disabilities. If an expungement is granted, keep the court order as proof. In either case, you may need to present documentation when purchasing firearms or if questioned by law enforcement. Consult an attorney to confirm the scope of your restoration.

Waiting Period

The state-level prohibition under La. R.S. 14:95.1 automatically expires 10 years after completion of sentence (including probation, parole, and suspension of sentence) with no new felony convictions. There is no separate waiting period for the automatic state-level cleansing — it happens by operation of law. For a gubernatorial pardon, there is no fixed waiting period, but the Board of Pardons typically considers applications from persons who have demonstrated sustained rehabilitation. For expungement, waiting periods vary by offense type.

Key Laws

LawYearDescription
La. R.S. 14:95.1 — Possession of Firearm or Carrying Concealed Weapon by Person Convicted of Certain Felonies1975 (amended multiple times)Prohibits possession of a firearm or carrying a concealed weapon by any person convicted of a felony crime of violence, sex offense, drug offense, or other enumerated offenses. The prohibition lasts for 10 years from the date of completion of sentence, probation, parole, or suspension of sentence. After 10 years with no new felony convictions, the state prohibition expires automatically. Violation is punishable by 5-20 years imprisonment without benefit of probation, parole, or suspension of sentence.
La. C.Cr.P. Art. 893 — First Offender Pardon1966 (amended multiple times)Provides an automatic first offender pardon for persons who complete probation or a deferred sentence for their first felony conviction. The first offender pardon restores certain civil rights (including voting) but does NOT restore the right to possess firearms. This is a common source of confusion — the first offender pardon is not equivalent to a full gubernatorial pardon for gun rights purposes.
La. C.Cr.P. Art. 978 et seq. — Expungement of Criminal Records2014 (expanded by SB 98 in 2019)Provides for expungement of certain criminal records after completion of sentence and applicable waiting periods. Expungement of a felony conviction may remove the firearms disability and lift the federal ban under 18 USC 921(a)(20). Eligibility and waiting periods vary by offense. Non-violent, non-sex offense felonies generally have shorter waiting periods.
Louisiana Constitution, Art. IV, Section 5(E) — Governor's Pardon Power1974Grants the Governor the power to pardon upon recommendation of the Board of Pardons and Parole. A full gubernatorial pardon restores all civil rights including the right to possess firearms and lifts the federal firearms disability. Gubernatorial pardons are rare and require Board recommendation.
La. R.S. 28:57 — Petition for Restoration of Right to Possess Firearm (Mental Health)2008Provides a specific petition process for persons found not guilty by reason of insanity to seek restoration of the right to possess firearms after at least 10 years since discharge. This is a separate process from the general cleansing period under 14:95.1 and applies only to mental health-related firearms disabilities.

Edge Cases

Does the first offender pardon restore gun rights in Louisiana?

No. The automatic first offender pardon under La. C.Cr.P. Art. 893 does NOT restore the right to possess firearms. It restores certain civil rights like voting, but the firearms prohibition under La. R.S. 14:95.1 continues to apply for the full 10-year cleansing period. Only a full gubernatorial pardon restores firearm rights before the 10-year period expires.

After the 10-year cleansing period, can I legally buy a gun in Louisiana?

Under Louisiana state law, yes — the state prohibition expires after 10 years. However, you may be denied on the federal NICS background check because the federal ban under 18 USC 922(g)(1) does not recognize Louisiana's cleansing period. To legally purchase from a licensed dealer, you may need an expungement or full gubernatorial pardon to pass the federal background check. This is a critical distinction that causes confusion.

Does expungement alone restore gun rights in Louisiana?

An expungement removes the conviction from your record and can help with both state and federal restoration. For the state level, the 10-year cleansing period still applies even after expungement — the expungement does not accelerate the clock. For the federal level, an expungement may satisfy the 'set aside' or 'expunged' exception under 18 USC 921(a)(20), which could lift the federal ban. Combining expungement with the passage of the 10-year period provides the strongest legal position.

What happens if I get a new felony conviction during the 10-year cleansing period?

A new felony conviction during the 10-year period resets the clock entirely. The 10-year cleansing period starts over from the date of completion of the new sentence. Multiple felony convictions can compound, making it significantly longer before the state-level prohibition expires.

I was convicted of a domestic violence offense — does the 10-year rule apply?

Domestic violence offenses carry separate prohibitions under both state and federal law. Even if the 10-year state cleansing period passes for a felony domestic violence conviction, the federal Lautenberg Amendment (18 USC 922(g)(9)) permanently prohibits firearms possession for misdemeanor domestic violence convictions, and 18 USC 922(g)(1) applies to felony domestic violence convictions. Additionally, active protective orders trigger independent prohibitions. Consult an attorney for domestic violence-related gun rights questions.

Can I carry a concealed weapon in Louisiana after the 10-year cleansing period?

La. R.S. 14:95.1 prohibits both possession of firearms AND carrying concealed weapons during the 10-year period. After the cleansing period expires under state law, you would need to apply for a concealed carry permit through normal channels. However, the federal prohibition still applies, which creates legal risk. A full gubernatorial pardon or expungement is recommended before applying for a concealed carry permit.

Frequently Asked Questions

Can a felon get gun rights back in Louisiana?
Yes, under state law. Louisiana's 10-year cleansing period under La. R.S. 14:95.1 automatically lifts the state-level firearm prohibition 10 years after completion of sentence (including probation and parole) with no new felony convictions. No petition or application is needed for the state level. However, the federal ban under 18 USC 922(g)(1) still applies — you need a full gubernatorial pardon or expungement to address the federal prohibition.
How long do I have to wait to possess a gun after a felony in Louisiana?
Under Louisiana state law, 10 years from the date you completed your sentence (including all probation, parole, and suspension of sentence). The clock only counts if you have no new felony convictions during the period. After 10 years, the state-level prohibition expires automatically. Federal law has no waiting period — the federal ban is permanent unless you receive a pardon, expungement, or federal relief.
Does the first offender pardon help with gun rights?
No. The automatic first offender pardon under La. C.Cr.P. Art. 893 does NOT restore the right to possess firearms. It restores voting rights and some other civil rights, but the firearms prohibition continues for the full 10-year cleansing period. Only a full gubernatorial pardon — which is separate and requires application through the Board of Pardons — restores firearm rights before the 10-year period.
What felonies are covered by the 10-year prohibition?
La. R.S. 14:95.1 specifically covers felony convictions for: crimes of violence, sex offenses, offenses under the Uniform Controlled Dangerous Substances Law (drug felonies), and certain other enumerated offenses. If your felony conviction does not fall under these categories, you may not be prohibited under state law at all — but the federal prohibition under 18 USC 922(g)(1) still applies to all felonies.
How do I get a full gubernatorial pardon in Louisiana?
Apply to the Louisiana Board of Pardons and Parole, which conducts a hearing and makes a recommendation to the Governor. The Governor has sole authority to grant or deny the pardon. There is no fixed waiting period for application, but the Board considers the time elapsed and your rehabilitation. Full gubernatorial pardons are rare and highly competitive. Contact the Board of Pardons for application procedures.
Can I get an expungement to restore gun rights in Louisiana?
Expungement can help but has limitations. An expungement removes the conviction from your record, which may satisfy the federal 'expungement' exception under 18 USC 921(a)(20). However, under Louisiana state law, the 10-year cleansing period still applies even after expungement — the expungement does not accelerate the state clock. The strongest position combines expungement with the completed 10-year period.
What is the penalty for a felon possessing a firearm in Louisiana?
Under La. R.S. 14:95.1, illegal possession of a firearm by a convicted felon during the 10-year prohibition period is punishable by imprisonment of 5 to 20 years at hard labor, without benefit of probation, parole, or suspension of sentence. Federal prosecution under 18 USC 922(g)(1) can result in up to 15 years in federal prison.
Does Louisiana's cleansing period apply to federal convictions?
No. La. R.S. 14:95.1 only applies to state-law felony convictions. Federal convictions are governed by federal law (18 USC 922(g)(1)), and Louisiana's 10-year cleansing period has no effect on federal convictions. For federal convictions, you need a presidential pardon or federal relief under 18 USC 925(c).
Can I buy a gun at a store in Louisiana after the 10-year period?
This is complicated. While you would not be violating Louisiana state law after the 10-year cleansing period, a licensed firearms dealer must run a federal NICS background check, which checks for federal prohibitions. Your felony conviction will still appear, and you may be denied because the federal ban has not been lifted. An expungement or full gubernatorial pardon is recommended to pass the NICS check.
What about private gun sales in Louisiana after the cleansing period?
Louisiana does not require background checks for private (non-dealer) sales. After the 10-year state cleansing period, a private sale would not violate state law. However, possessing the firearm would still violate federal law under 18 USC 922(g)(1) if you have not obtained a pardon or expungement. Knowingly possessing a firearm as a prohibited person under federal law is a serious felony. This is not a legal loophole — it is a risk of federal prosecution.

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Disclaimer: Source: Collateral Consequences Resource Center (CCRC) — Restoration of Rights Project. Cross-references: NACDL Restoration of Rights Project, Duke Center for Firearms Law, ATF State Laws and Published Ordinances, 36th Edition, DOJ Federal Firearm Rights Restoration. This is informational only, not legal advice. Firearm laws are complex and change frequently — possessing a firearm in violation of federal or state law is a serious felony. Verify current rules with a qualified attorney in Louisiana.