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Felony Possible When Denied Purchase of Firearm

Federal firearm dealers and private sellers have a MANDATORY
obligation by law to report denials to the sheriff of the parish where the
denial was made and to the Louisiana Automated Victim Notification
System. The law went into effect in 2018 but recently the office has
been inundated with denials. The law was created to stop a person from
illegally obtaining a firearm by those who by law are not allowed to
acquire one.
Once the denial is made, the “seller” of a firearm must contact their
sheriff’s office where a detective will open an investigation on why they
were denied. It could be criminal charges, the purchaser lying on the
application on arrests, or domestic abuse and protection orders that result
in a denial. The “seller” MUST also report the denial to the states victim
notification network who will inform a victim of the attempted purchase
if the violator is on bond.
If the “seller” is caught not reporting the denial, they are then reported to
federal authorities. We are urging dealers of firearms to post a sign
stating that “any attempt to purchase a firearm fraudulently will be
reported to law enforcement and you could be charged with a felony” if
they do not have one posted already.

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Below is the law that is in effect and the contact information for the
victims notification network. We have included the ATF denial form to
request a review and challenge the denial. It is virtually impossible for
a private seller of a firearm to know if a person is ineligible to purchase
a firearm. The only advice we could offer is to know the person or
contact a local FFL dealer to help with the purchase.
According to state law L.A.R.S. 14:95.1, a prohibited individual
(convicted of certain felonies / domestic violence crimes) must wait at
least ten years from the completion of sentence, probation or parole
before being able to purchase or possess firearms.  The federal
guidelines, however, do not follow the state’s rule. If a person is
convicted of a felony, they cannot purchase a firearm even after 10 years
without going through the denial process and expungement/pardon.
Most denials are the misunderstanding between state and federal laws.
14:95.1.3. Fraudulent firearm and ammunition purchase; mandatory
reporting
            A. It is unlawful for any person:
            (1) To knowingly solicit, persuade, encourage, or entice a
licensed dealer or private seller of firearms or ammunition to sell a
firearm or ammunition under circumstances which the person knows
would violate the laws of this state or of the United States.
            (2) To provide to a licensed dealer or private seller of firearms or
ammunition what the person knows to be materially false information
with intent to deceive the dealer or seller about the legality of a sale of a
firearm or ammunition.
            (3) To willfully procure another person to engage in conduct
prohibited by this Section.
            B. For purposes of this Section:
            (1) “Ammunition” means any cartridge, shell, or projectile
designed for use in a firearm.

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            (2) “Licensed dealer” means a person who is licensed pursuant to
18 U.S.C. 923 to engage in the business of dealing in firearms or
ammunition.
            (3) “Materially false information” means information that
portrays an illegal transaction as legal or a legal transaction as illegal.
            (4) “Private seller” means a person who sells or offers for sale
any firearm or ammunition.
            C. The provisions of this Section shall not apply to a law
enforcement officer acting in his official capacity or to a person acting at
the direction of such law enforcement officer.
            D. Whoever violates the provisions of Subsection A of this
Section shall be fined not less than one thousand dollars or more than
five thousand dollars, or imprisoned, with or without hard labor, for not
more than twenty years, or both. The sentence imposed shall be served
without benefit of parole, probation, or suspension of sentence.
            E.(1) If a person is reported ineligible to purchase firearms by the
National Instant Criminal Background Check System (NICS), the
licensed dealer shall report the NICS denial to the sheriff of the parish in
which the attempted purchase occurred and to the Louisiana Automated
Victim Notification System.
            (2) If at any time a law enforcement agency discovers that a
licensed dealer knew or should have known that a purchaser or
attempted purchaser of a firearm was prohibited from possessing a
firearm and the licensed dealer failed to report as required by this
Section, the sheriff or law enforcement agency shall notify all state and
federal licensing agencies of the licensed dealer’s failure to report.
Reporting Person Ineligible to Purchase Firearm

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[R.S. 14.95.1.3(E)(1)]
Licensed dealers should do the following:

  1. Report to sheriff’s offices/departments as directed by law.
  2. Report ineligible purchase to the LAVNS/LA VINE program Coordinator
    Send to:  Marshall Menou – Marshall.Menou@lcle.la.gov