Possession of Firearm by Convicted Felon in Louisiana | Carl Barkemeyer, Criminal Defense Attorney

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Carl Barkemeyer, Criminal Defense Attorney

5 жыл бұрын

What happens when a convicted felon is charged with possession of a firearm in Louisiana? Carl Barkemeyer is here to help.
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In this video, I am going to discuss the criminal charge of possession of a firearm by a convicted felon in Louisiana. This is a very serious charge with serious consequences. State prosecutors do not like to help defendants with these charges. However, we know the gun charge defenses that work and how to use them. Why are Felon in Possession of Firearm Charges So Serious?
Felon in possession of firearm or guns is serious because the penalties are so severe.
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Learn more about Carl Barkemeyer: • Criminal Lawyer in Bat...
Carl Barkemeyer, Criminal Defense Attorney
7732 Goodwood Boulevard, Suite A
Baton Rouge, Louisiana 70806
Phone: 225-964-6720
#DefenseLawyer #LouisianaLaw #DefenseAttorney
This information and video is not intended to be formal legal advice nor does it create an attorney-client relationship.

Пікірлер: 37

@ladydragon7777 3 жыл бұрын

The right of the (people)to (keep) and (bear)(arms),(shall not)(be INFRINGED).

@ladydragon7777 3 жыл бұрын

Felon in possession of firearm statutes are not legally binding law they are unconstitutional.

@stevenstenberg4782 3 жыл бұрын

Where. In the Constitution does it say a felon can not own a gun of his choice.

@christopherdekonstrukt444 5 ай бұрын

Louisiana has a 10 year cleansing condition. What if someone is caught with a gun, say innocently shooting targets at an unstaffed range - or on private property with permission from the owner - way out in the country and it is discovered that the person has an out of state nonviolent felony conviction that sentencing was completed 20 years in the past. Is the parish or state obligated to turn this case over to the federal government for prosecution? I would hope the local sheriff's office would have better things to do than stake out unstaffed gun ranges or harass people on private property and run participants IDs for past criminal records, but the law is the law.

@ladydragon7777 3 жыл бұрын

Title 5 USC sections 3331,3333,7311 perjury in violating oath of office, perjury is treason and a felony under state and federal law.

@jackiejoyner4499 Жыл бұрын

No wonder why I got all those security jobs the whole time I can posses a gun

@ladydragon7777 3 жыл бұрын

The US supreme Court "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose since it's unconstitutionality dates from the time of it's enactment... In legal contemplation it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supercede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land (the Constitution)it is superceded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett V. Vallier, 16 NW. 885,136 Wis. 193(1908); Norton V. Shelby county,118 US 425(1886).

@DD-ok1md Жыл бұрын

So what you're saying is the 2nd amendment supercedes any other law as it came first.

@stunnatbotb6111 4 жыл бұрын

I NEED YOUR HELP PLEASE....

@stevelewis9394 4 жыл бұрын

So after 10 yrs a person can have a firearm

@colindaley5979 2 жыл бұрын

Hi Carl what is the sentence for an illegal firearm with a murder linked to it?

@CriminalDefenseAttorney 2 жыл бұрын

If convicted, the defendant shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both.

@anthonyolden3448 2 жыл бұрын

Once a convicted felon in the state of Louisiana has completed Probation/parole and has thereafter completed the ten year term and has had no felony or misdemeanor chargers or convictions during that time frame. Is there anything that needs to be done to restore the right to own and possess a firearm? Or is it that once a person completes these terms their rights are automatically restored and such a person can buy, purchase, and own and possess a firearm without fear of breaking the law? I was told by a judge in his chambers that I could not own a firearm until I had been off of parole for ten years and had no felony charges during that time. I did everything they asked me to do... completed my parole, and the ten years afterwards with no new charges. Actually it's been about 13 years now and still haven't been in any trouble with the law. So am I good now to buy, own, and possess a firearm in the state of Louisiana?

@CriminalDefenseAttorney 2 жыл бұрын

Since it has been 10 years since you completed your probation/parole, you should be able to legally possess a firearm under Louisiana State law. Purchasing a firearm is another story. The feds can hold you up during the background check because it is still illegal to possess a firearm under Federal law. However, the feds generally just follow state law regarding possession. There is a new law change allowing you to purchase a gun if you received an 893, 10 years have lapsed, and you filed an expungement of the arrest and conviction, and there are no other disqualifying factors. That is in limited circumstances.

@anthonyolden3448 2 жыл бұрын

@@CriminalDefenseAttorney how do I go about filing for expungement? Should I get a lawyer to do it?

@17th_Luv Жыл бұрын

@@anthonyolden3448 Hey Anthony can you provide an update? My expungement was just granted, and I plan to apply for a CCP next. Wonder if you had additional obstacles to overcome after your expungement?

@ladydragon7777 3 жыл бұрын

All are Not legally binding laws

@videospost7715 3 жыл бұрын

So I have to wait 10 years to get my gun back?

@mindsightent 2 жыл бұрын

If the 10 yrs have well passed, and the charge was expunged. Can the felon then purchase firearms, and apply for a conceal carry permit? Or will they be denied to do either?

@wayne47able 2 жыл бұрын

Louisiana is an open carry state

@Kelkasworld 3 жыл бұрын

If I were to get caught with 2 guns and a convicted felon how much time am I looking at?

@CriminalDefenseAttorney 3 жыл бұрын

The law states that the offender shall be imprisoned at hard labor for not less than five nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.

@Kelkasworld 3 жыл бұрын

@@CriminalDefenseAttorney Damn yeah I was asking because of rapper Nbayoungboys case has trial for the 18th this month

@stevelewis9394 4 жыл бұрын

So if 10 yrs has passed since probation has ended for a charge of simple burglary a person can legally have a firearm?

@CriminalDefenseAttorney 4 жыл бұрын

That's correct under Louisiana state law. However, the feds could still prosecute for firearm by convicted felon, but, they usually just follow State law. No guarantee there.

@patrickwallace9115 3 жыл бұрын

I was convicted of conspiracy to commit healthcare fraud six years ago I did no jail Time I only got six months at a halfway house. Am I still eligible to own a gun in Louisiana?

@befree1458 3 жыл бұрын

Are you a federal felon if so then no bro

@DD-ok1md Жыл бұрын

@@CriminalDefenseAttorney sir in caddo and bossier parish the state prosecutes for felon with a firearm and that will be the only charge someone will be charged with. They will have a legal firearm and get caught with it and go to prison. Do you mind responding with any input?

@DD-ok1md Жыл бұрын

If a felon, off parole for over the 10 year mark for a felony on your list of banned felonys in louisiana, that lives with his wife, she has no criminal charges and she owns a legal pistol, in her name and someone enters their home to attack them, can the felon use the gun to protect his family, will the felon get in trouble and will his wife get in trouble if he uses it? I appreciate if you would answer sir.

@CriminalDefenseAttorney Жыл бұрын

If the 10 years has passed since the defendant has completed his parole for certain felonies, he should be able to legally possess a firearm according to Louisiana state law.

@DD-ok1md Жыл бұрын

@@CriminalDefenseAttorney thx for the info. If I ever need an attorney you're my go to guy.

@ladydragon7777 3 жыл бұрын

Title 18 USC section 242 deprivation of rights under color of law. Whoever under color of any law, statute, ordinance, regulation, or custom willfully subjects any person in any state, territory, Commonwealth, possession, or district to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States... Shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title or imprisoned not more than ten years; or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping, or an attempt to kidnap, aggravated sexual abuse,or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life;or both; or may be sentenced to death. Statute of limitations is seven years,if death results there is no statute of limitations.

@ladydragon7777 3 жыл бұрын

Title 18 USC section 241 conspiracy against rights. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any state, territory, Commonwealth, possession, or district in the free exercise or enjoyment of any rights or privileges secured to him by the Constitution or laws of the United States,or because of his having so exercised the same... They shall be fined under this title or imprisoned not more than ten years; or both; and if death results from the acts committed in violation of this section, or if such acts include kidnapping, or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life or both, or may be sentenced to death. Statute of limitations is seven years if death results there are no statute of limitations.