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The 10-Year Trap: Why Your Louisiana Pardon Does Not Restore Your Federal Gun Rights (And How an Expungement Can)
A Louisiana first-offender pardon does not restore federal gun rights. Under 18 U.S.C. § 922(g)(1), a felony conviction creates a permanent federal firearm ban that is not lifted by the passage of time or a state pardon.
Federal courts in Louisiana have consistently ruled that because pardoned felons remain ineligible for a concealed handgun permit under La. R.S. 40:1379.3(C)(10), the federal ban stays active under the “all-or-nothing” doctrine from Caron v. United States.
The only viable path for nonviolent offenders is expungement under the 2016 amendments to La. R.S. 40:1379.3, combined with the 10-year waiting period.
| Factor | Louisiana State Law | Federal Law |
|---|---|---|
| 10-Year Waiting Period (La. R.S. 14:95.1) | Restores state firearm possession rights | Not recognized; federal ban remains permanent |
| First Offender Pardon | Considered full restoration of state rights | Does not remove federal ban (Axton v. DOJ) |
| Concealed Carry Eligibility | Blocked for felons unless conviction is expunged | Blockage triggers total federal ban (Caron doctrine) |
| Expungement + 10 Years | Removes concealed carry disqualification | Intended to satisfy the federal “unless clause” under 2016 amendments |
| ATF Waiver (18 U.S.C. § 925(c)) | N/A | Exists on paper but unfunded since 1992 (U.S. v. Bean) |
Imagine the following scenario. You are a resident of Louisiana. Decades ago, you made a mistake that resulted in a felony conviction. You served your time. You completed your parole or probation. You successfully waited the ten years required by La. R.S. 14:95.1.
You even received a “First Offender Pardon.” Under Louisiana law, you believe your debt to society is paid, and your constitutional rights are restored.
You walk into a local sporting goods store to purchase a deer rifle for the upcoming hunting season. You fill out the paperwork and provide your identification. The dealer runs your name through the National Instant Criminal Background Check System (NICS).
The result comes back: “Denied.”
The Federal Bureau of Investigation (FBI) does not care that Louisiana says you are “cleared.” They do not care about your ten-year clock. They do not care that the state considers your rights restored. This is the “NICS Denied” crisis facing thousands of Louisianans.
It is a state of legal limbo where the state government gives you a green light while the federal government keeps its hand firmly on the red lever.
You are caught in the friction between state “permission” and federal “prohibition.” This article will investigate why that trap exists and how a surgical legal maneuver involving expungement is the only viable path to restoration.
The Solution: Expungement as the Key to the Federal Lock
In case you do not want to read all the details we’ve provided here, the short answer to this problem is that in 2016, the Louisiana Legislature created a specific path to fix this.
Under La. R.S. 40:1379.3(C)(10), a person with a nonviolent felony conviction becomes eligible for a Concealed Handgun Permit only if their conviction is expunged and 10 years have passed.
This is the “Surgical Strike” we use to restore your rights:
We treat gun rights restoration like a forensic investigation. We don’t guess—we prove.
The root of the problem is found in the Gun Control Act of 1968 and its subsequent amendments, specifically the Firearm Owners’ Protection Act of 1986. While Louisiana law provides a sunset provision for firearm disabilities, federal law has no such expiration date.
Under 18 U.S.C. § 922(g)(1), it is unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to ship, transport, possess, or receive any firearm or ammunition.
This is a permanent federal ban. The federal government does not recognize the ten-year expiration date found in La. R.S. 14:95.1. If you have that conviction on your record, the federal government views you as a prohibited person for life.
Furthermore, the federal definition of a “felon” for firearm purposes is broader than most citizens realize. According to 18 U.S.C. § 921(a)(20)(B), the federal ban excludes state offenses classified as misdemeanors only if the maximum potential sentence is two years or less.
If your Louisiana “misdemeanor” carried a potential three-year sentence, the federal government treats you as a felon for the purpose of gun ownership. The federal government does not follow the lead of the state. It imposes its own broader stricture.
It does not matter if the state of Louisiana classifies your crime as a misdemeanor; if the potential jail time exceeded two years, you are subject to the same “forever ban” as a person convicted of a high-level felony.
Many citizens believe a “First Offender Pardon” is a complete restoration of their Second Amendment rights. The case of Mark Gregory Axton v. United States Department of Justice proves this is a dangerous and life-altering misconception.
Mark Axton was convicted of armed robbery in St. Tammany Parish in 1984. He received an automatic first offender pardon in 1987, which took effect retroactively to 1986.
Decades later, he attempted to purchase a firearm and was denied by the FBI. He filed a civil lawsuit under 18 U.S.C. § 925A, which allows individuals to challenge a NICS denial. Axton argued that because he was fully pardoned by the state, his conviction should no longer count under the federal definition.
The court disagreed. The resolution of his case turned on the “unless clause” found in 18 U.S.C. § 921(a)(20). That statute says:
“Any conviction that has been expunged, or set aside, or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”
The court in the Axton decision adopted an “all-or-nothing approach.” It concluded that if the state imposes any restrictions whatsoever on the firearm rights of the felon, restoration under 18 U.S.C. § 921(a)(20) has not occurred.
Because Louisiana law still prohibited Axton from obtaining a Concealed Handgun Permit (CHP) under La. R.S. 40:1379.3(C)(10), his rights were not “fully” restored.
This logic is not unique to the Eastern District of Louisiana. In the Western District of Louisiana, the case of United States v. Sam, 2016 U.S. Dist. LEXIS 51968 (W.D. La. Mar. 23, 2016) reached an identical conclusion. The defendant, Sam, had a conviction for aggravated battery, which is a crime of violence under La. R.S. 14:2(B).
The court in United States v. Sam recognized that Louisiana law prohibits convicted felons from obtaining a concealed carry permit. This restriction means a felon does not have the same freedom to transport and possess a firearm as a Louisiana citizen without a conviction. Under the “all-or-nothing” approach, this state-level “manner” restriction is enough to keep the federal ban active.
Another Western District case, United States v. Viola, 2016 U.S. Dist. LEXIS 69153 (W.D. La. May 23, 2016), reinforced this pattern.
Whether in a civil challenge like Axton or a criminal prosecution like Sam and Viola, the result remains the same: If the state treats you as too dangerous to trust with a concealed handgun, the federal government treats you as too dangerous to trust with any gun.
Because Axton was convicted of a crime of violence, he could never obtain a CHP in Louisiana. Therefore, his pardon was always going to be prohibited under federal law. It did not remove the “unless clause” trigger.
If a state restricts any aspect of a convicted felon’s firearm rights—including eligibility for a concealed carry permit—the federal government maintains a total ban on all firearm possession under 18 U.S.C. § 922(g)(1).
The logic used in the Axton, Sam, and Viola cases stems from the United States Supreme Court decision in Caron v. United States. The “Caron Rule” dictates that if the state limits your right to possess even one type of firearm—or limits the manner in which you possess it—the federal government maintains a total ban on all firearms.
In Louisiana, La. R.S. 40:1379.3(C)(10) creates a massive hurdle. This statute outlines who is ineligible for a concealed handgun permit.
It includes anyone convicted of a crime of violence or any crime punishable by imprisonment for a term of one year or greater. Even after you have served your time and the ten-year period of La. R.S. 14:95.1 has passed; Louisiana still views you as a risk for concealed carry purposes.
This creates the “Concealed Carry Trap.” To the FBI and the federal courts, it is “all or nothing.” If the state of Louisiana deems you too dangerous to carry a hidden pistol in public, the federal government uses that specific state limitation to justify a total ban under 18 U.S.C. § 922(g)(1).
You might be legal to possess a shotgun under La. R.S. 14:95.1 at the state level, but because you are blocked from a concealed carry permit under La. R.S. 40:1379.3, the feds will deny your background check every time.
They view it as a “time, place, and manner” restriction. If you cannot carry like a “law-abiding citizen,” you cannot possess like one either.
For years, there was no solution to this problem for anyone without a rare gubernatorial pardon.
However, in 2016, the Louisiana legislature enacted a “secret” fix intended to satisfy the federal “unless clause.” They amended the concealed carry statute, La. R.S. 40:1379.3, with the specific legislative intent of conforming to ATF standards for the “restoration of rights.”
The 2016 amendments created a specific pathway for non-violent, non-sexual offenders. Under La. R.S. 40:1379.3(C)(6) and (C)(10), a conviction for a felony offense will not be considered a disqualifying “conviction” for a concealed handgun permit if two specific conditions are met:
This change is critical. By obtaining a legal expungement and waiting out the ten-year period, a non-violent felon becomes eligible for a concealed carry permit in Louisiana. This “surgically removes” the state-level restriction that proved fatal in the Axton case.
When that restriction is gone, the trigger for the federal “unless clause” in 18 U.S.C. § 921(a)(20) is also removed.
However, you must be aware that this is a “developing area of law.” As noted by the Louisiana Expungement Assistance & Advocacy Center (LEAAC), it remains unclear at this time how every federal authority will interpret these changes in every jurisdiction. THERE ARE NO GUARANTEES THIS WILL WORK FOR YOU.
While the 2016 changes were “crafted” to satisfy the federal government, an expungement is not an “automatic” guarantee of a NICS pass. The LEAAC warns that while the FBI and ATF appear to be clearing some former felons under these circumstances, the path is narrow.
It only applies to those whose convictions were non-violent and non-sexual. If your crime was a “crime of violence” under La. R.S. 14:2(B), an expungement will not restore your concealed carry rights, and therefore, it will not restore your federal gun rights.
This path to federal gun rights restoration is available to individuals who meet ALL of the following criteria:
If your conviction was for a crime of violence, such as armed robbery, aggravated battery, or any offense listed under La. R.S. 14:2(B), expungement will not restore concealed carry eligibility and therefore will not remove the federal firearm ban. The same applies to sex offenses.
A person might read 18 U.S.C. § 925(c) and see hope. This statute allows a prohibited person to apply to the Attorney General for a “Waiver of Disability.”
The law states that the waiver should be granted if the applicant can establish that their record and reputation suggest they are not likely to act in a manner dangerous to public safety and that granting relief is not contrary to the public interest.
However, this is a dead end. Since 1992, Congress has used the “power of the purse” to block all funding for the ATF to process these applications.
In the case of United States v. Bean, 537 U.S. 71 (2002), the Supreme Court ruled that the ATF cannot be forced to act on these applications if there is no money to pay for the review.
The application exists. The law is on the books. But there is nobody home to answer the door. You cannot rely on a federal waiver to restore your rights. This has been litigated to a conclusion; until Congress restores funding, this “escape clause” is an empty promise. You must fix the problem at the state level through the 2016 expungement pathways.
The federal trap expanded significantly in 2022 through the Bipartisan Safer Communities Act. Under 18 U.S.C. § 922(g)(9), it is unlawful for anyone convicted of a “misdemeanor crime of domestic violence” to possess a firearm or ammunition.
Previously, this only applied to cases involving spouses, cohabitants, or people who shared a child.
The 2022 amendments to 18 U.S.C. § 921(a)(33) added a “dating relationship” standard. Under 18 U.S.C. § 921(a)(37), a “dating relationship” is determined by a consideration of:
This means a misdemeanor conviction involving a girlfriend or boyfriend—not just a legal spouse—can now trigger a permanent federal firearm ban. While 18 U.S.C. § 921(a)(33)(C) allows for a potential restoration of rights after five years for those in a “dating relationship” (provided they have no other disqualifying convictions), this restoration is not available for a current or former spouse, parent, or guardian.
For most domestic violence misdemeanors, the federal ban is just as permanent as a felony ban. If you were convicted of a misdemeanor involving physical force or the threatened use of a deadly weapon against a partner, you are walking through the same minefield as a convicted felon.
Note that under Louisiana law, you CANNOT expunge a Domestic Abuse Battery conviction, but you CAN expunge a battery on a dating partner conviction. It may be in your interest to negotiate this lesser offense to allow for later expungement and reinstitution of federal gun rights.
The federal definitions under 18 U.S.C. § 921 catch more than just traditional handguns and rifles. A Louisiana citizen might accidentally possess a “destructive device” even if they believe they are holding a specialized hunting tool or a piece of history.
Under 18 U.S.C. § 921(a)(4), a “destructive device” includes the following:
While shotguns, “generally recognized as particularly suitable for sporting purposes,” are excluded, this definition is a trap for those with specialized large-bore firearms. If the Attorney General does not find your specific large-bore weapon to be for “sporting purposes,” it is a destructive device. Possession of such a device by a prohibited person is a high-level federal offense.
Furthermore, 18 U.S.C. § 921(a)(17)(B) defines “armor-piercing ammunition” as:
Possessing this ammunition as a prohibited person triggers the same penalties as possessing the gun itself. Additionally, the definition of a “machinegun” under 18 U.S.C. § 921(a)(24) was reinforced by Executive Order 14127 in 2024 to include “machinegun conversion devices.”
These are parts designed to convert a semiautomatic firearm into a weapon that fires more than one shot with a single pull of the trigger.
Even if the device is not installed, the federal government treats the part itself as a machine gun. For a Louisianan with a past conviction, even having a 3D-printed conversion device or a “bump stock” in a drawer constitutes a federal felony.
Louisiana law may tell you that you are “good to go” after ten years, but the federal government is always watching. The trap is wide and deep.
A simple first-offender pardon or the mere passage of time is not enough to satisfy the FBI and the NICS system. You must ensure that your record is clear of all state-level restrictions, including the concealed carry disability.
Ask yourself: Does your “clean record” actually pass the federal test? If you have a non-violent felony and have not secured an expungement under the 2016 rules, the answer is likely no.
The 2016 fix is the only “surgical” way to remove the “unless clause” trigger, and even then, it is a developing area of law that requires precision. Do not wait for a federal “felon in possession” indictment to find out where you stand. A Louisiana criminal defense attorney can review your record before it becomes a federal case.
If you have a non-violent felony conviction in Louisiana and have been denied a firearm purchase — or you want to make sure you never are — the Ikerd Law Firm can help.
Do not wait for a NICS denial or a federal indictment to find out where you stand. Call us at (337) 366-8994 to schedule a consultation.
No. In Louisiana, La. R.S. 14:95.1 still requires you to wait ten years from the completion of your sentence before you can possess a firearm under state law. However, an expungement is the necessary second step to remove the concealed carry restriction under La. R.S. 40:1379.3. Without that expungement, the federal “unless clause” remains triggered, and you will stay on the NICS denial list forever.
There is a Muzzleloader Myth (The “Antique” Firearm Trap). Because of the federal ban, many Louisianans turn to black powder guns, believing they are always exempt. This is a legal minefield. 18 U.S.C. § 921(a)(3) excludes “antique firearms” from the federal definition of a firearm. However, the definition of an “antique” is very specific and unforgiving under 18 U.S.C. § 921(a)(16).
An antique firearm is defined as:
The trap is found in the “frame or receiver” rule. Federal law states that an “antique firearm” shall not include any weapon that incorporates a firearm frame or receiver. If a muzzleloader is built on the frame of a modern gun, it is a “firearm” under 18 U.S.C. § 922(g)(1), and a felon possessing it can be sent to federal prison.
The ATF has specifically classified the following models as firearms, not antiques:
If you possess one of these, you are in possession of a firearm in the eyes of the federal government. You are not protected by the muzzleloader exception. Even if it loads from the front, if it uses a modern receiver, it is a “felon in possession” indictment waiting to happen.
As shown in the Axton case, an automatic first offender pardon is insufficient for federal purposes. It does not remove the concealed carry disqualification found in La. R.S. 40:1379.3(C)(10). Because that manner restriction remains on the books for you, the federal government maintains its “all-or-nothing” ban on your possession of any firearm.
You should not simply “try your luck” at a gun store. A “First Search” strategy is essential. You should work with a legal professional to ensure your expungement is properly filed and that the Louisiana Department of Public Safety has updated its records to reflect your eligibility for a concealed handgun permit. Only when the state-level restrictions are “surgically removed” will your background check have a chance to clear the NICS system.
An expungement is not a magic wand, but it is a factor the ATF considers. Under the 2016 changes, an expungement for a non-violent crime—coupled with the ten-year wait—is intended to clear the disability. However, the LEAAC notes that the law is still unsettled, and the ATF may still require a thorough background check to find “no disability” before you are cleared.
Under Louisiana state law, yes — with conditions. La. R.S. 14:95.1 allows a person convicted of a non-violent felony to possess a firearm after ten years have passed since the completion of their sentence, probation, or parole. However, this does not restore federal gun rights. Under 18 U.S.C. § 922(g)(1), the federal firearm ban is permanent and is not affected by the passage of time. To clear the federal ban, the conviction must also be expunged under the 2016 amendments to La. R.S. 40:1379.3.
No. As the court ruled in Axton v. United States Department of Justice, a Louisiana First Offender Pardon does not remove the federal firearm ban because pardoned felons remain ineligible for a Concealed Handgun Permit under La. R.S. 40:1379.3(C)(10). Under the “all-or-nothing” doctrine from Caron v. United States, any state-level restriction on firearm rights — including a concealed carry disqualification — keeps the total federal ban in effect.
A person with a nonviolent, non-sexual felony conviction can become eligible for a Louisiana Concealed Handgun Permit if two conditions are met: (1) the conviction has been expunged under the Code of Criminal Procedure, and (2) ten years have elapsed since the completion of probation, parole, or suspended sentence. This pathway was created by the 2016 amendments to La. R.S. 40:1379.3(C)(6) and (C)(10). A felon convicted of a crime of violence under La. R.S. 14:2(B) is permanently ineligible.
A pardon forgives the offense but does not remove it from your record or restore all rights. An expungement removes the conviction from your public record. For federal gun rights purposes, this distinction is critical: a pardon alone leaves the concealed carry disqualification intact (triggering the federal ban), while an expungement removes that disqualification, potentially clearing the federal “unless clause” under 18 U.S.C. § 921(a)(20).
Statutory Definitions from 18 U.S.C. § 921
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