Former New Orleans Mayor Ray Nagin has recently finished serving his 10-year sentence after being convicted on federal bribery, money laundering, and other corruption charges in 2014.
Now, he is seeking to have his rights to carry a gun and vote restored by a federal judge.
Ex-New Orleans Mayor Seeks to Reinstate Rights
However, prosecutors argued on Thursday that the judge in New Orleans lacks the power to reinstate Nagin's federal firearms rights. They maintained that the decision regarding his voting privileges should be left to the state of Texas, where he currently resides, according to 4WWL.
Nagin, 67, recently filed a court motion in New Orleans, stating that his federal prison time and supervision had officially ended on March 15.
In his filing, Nagin expressed his desire to have his firearms rights restored. He emphasized that as a high-profile individual, he is constantly recognized wherever he goes. Nagin also expressed concerns about the safety of his family, particularly in light of the prevalent violence in our country.
According to Herbert Larson, an attorney and Tulane Law School professor, he is requesting a favor that she lacks the authority to fulfill.
The prosecutors' Thursday filing echoed his comments. It is worth mentioning that the Bureau of Alcohol, Tobacco, Firearms and Explosives possesses the authority to reinstate federal firearm rights.
However, it is important to note that Congress has yet to approve ATF spending for the purpose of investigating and taking action on applications.
"Relief has never been funded by Congress," Larson stated.
In regards to voting rights, it has been stated by prosecutors that Nagin will need to get in touch with election officials in Texas.
The US Attorney's Office stated in Thursday's filing that the eligibility of a felon to vote is determined by the law of the state in which they seek to vote, rather than the federal court that oversaw their felony conviction.
According to the Texas State Law Library, felons in Texas are permitted to vote once they have completed their entire sentence.
Ray Nagin 2010 Conviction
In 2014, Nagin received a 10-year sentence following his conviction on various charges, such as bribery, money laundering, fraud, and tax violations.
The allegations arose during his tenure as New Orleans' mayor from 2002 to 2010. The alleged criminal activities described in the charges spanned both before and after Hurricane Katrina, which occurred in 2005.
In 2020, Nagin was granted supervised release from prison amidst the COVID-19 pandemic.
In his motion filed on March 19, he is also requesting the return of his passport, which he had surrendered prior to his trial. Prosecutors mentioned that surrendered passports are typically sent to the State Department.
According to their statement, they expressed no objection to the passport being returned, but they did point out that passports have a 10-year expiration period.
