Nationwide CCW assisted by arrest in New York ???


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David
December 30, 2011, 01:02 PM
As many of us know, recently a Tennessee CCW permit holder was arrested in NYC and charged with a felony firearm violation.

Now, it seems, some politicians and some "legal eagles" are saying this arrest may be basically nonsense.

In addition, according to this article, some folks think this arrest may assist the passage of the nationwide CCW legislation pending in congress.

Here's a link to this interesting article .........

http://m.nypost.com/f/mobile/news/local/hold_your_fire_4dW6vKJHy3GFawLPw5riDM

By the way, I just love this nonsense comment made in this article .........

“.......... the laws are too strict here, but that’s something we need to work out for ourselves without honoring licenses to carry guns in states where felons can carry them ........."

Does anyone know of any state where felons are issued CCW permits?


Thanks .........

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towboat_er
December 30, 2011, 01:08 PM
Nope. Not a single one.

Vern Humphrey
December 30, 2011, 01:55 PM
There have to be states that allow felons to carry guns -- anti-gunners wouldn't lie, would they?

Wait, I know of a state that not only allows felons to carry guns, the police provide them with guns. The NYPD, taking a leaf from ATFE's book, was funneling guns to criminals.

Midwest
December 30, 2011, 03:01 PM
Black powder might be the only exception where felons MIGHT be allowed to have a gun. No way though for CCW permits.

http://www.guntrustlawyer.com/2009/05/can-a-felon-possess-a-firearm.html

steelerdude99
December 30, 2011, 03:31 PM
There are mostly likely cases of felons owning firearms by “falling through the cracks” as far as having their carry permits and/or right to own a firearm revoked. In my state, carry permits are handled locally. If a person is convicted out of state, it may take a while to have the home locality check and then revoke a permit.

Then there are those with common names like John Smith. If John Smith gets arrested, did his or some other guy's permit get revoked? I am sure that mis-identification makes it uncomfortable for a law-abiding “John Smith” when he gets pulled over by law enforcement.

Chuck

oneounceload
December 30, 2011, 03:38 PM
Does anyone know of any state where felons are issued CCW permits?

Yep- Illinois is one - their aldermen carry and most are felons - same for the city councilmen in NYC - otherwise, in the rest of the country where we keep criminals in jail, the answer would be no.

I still do not see a national CCW, and I do not WANT one. That would take control away from the states and put it in the hands of the federal gov't - an issue that has been beat to death in several threads here already

Skribs
December 30, 2011, 03:44 PM
Felons can carry in any state. They just get in trouble IF THEY GET CAUGHT.

It's why I carry, is because whether or not it's legal, felons can. Those who haven't been caught for any crimes yet are also not on the banned list, and won't get in trouble just for having a firearm.

ETA: Reading the article, I saw, (paraphrased): If we prosecute the law, everyone will be upset.
So basically, they have a law they know that nobody else wants them to prosecute. So either the law is pointless because its not enforced, or the law is enforced and they "shoot themselves in the foot". Pun intended.

EDIT 2 (as I read it):

“In my view, the criminal law should focus almost exclusively on people who purposefully and intentionally engage knowingly and unlawfully in criminal conduct.”

In my view, professors should understand that using multiple synonyms in the same sentence is not the most succinct method of conveying your message.

Ragnar Danneskjold
December 30, 2011, 04:01 PM
I still do not see a national CCW, and I do not WANT one. That would take control away from the states and put it in the hands of the federal gov't - an issue that has been beat to death in several threads here already

I don't see a problem with simply telling states that to be part of this Union, you have to honor the Bill of Rights just like the feds are supposed to. The 2nd Amendment is part of a federal document and applies to all citizens of the US, no matter what state they are in. I believe in states rights too, as per the 10th Amendment. But the 2nd Amendment, and its explicit recognition of the right to keep and bear arms, is specifically cited in the Constitution as something that all US citizens have, regardless of which state they live in.

The 10th Amendment says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Well, enforcing the 2nd Amendment is a power that is delegated to the United States, in the 2nd Amendment itself.

It's been a long recognized fact that if a state or local government is denying the Constitutional rights of a US citizen, it is the United States' responsibility to make sure that citizen's rights are protected. As of now, this only applies to some rights. I see no reason it should not also apply to the right to keep and bear arms. As a citizen, you have the right to posses and keep firearms on your person. To "keep and bear" them. This is recognized in a federal document. Why would it be wrong for the federal government to make sure this right is protected for everyone?*


*The answer "well who's to say that once the feds get their hands on it, they won't then mess it up or take it away?" is already answered. The feds do already have their hands on the 2nd Amendment. The Constitution is a federal document. That is one of the few things the Founding Fathers actually specifically stated in the Constitution was the responsibility of the feds.

AlaskaMan
December 30, 2011, 06:03 PM
Nope. Not a single one.

Not true.

Alaska will issue a concealed weapons permit if the individual has was convicted of a non-violent felony, and more than 10 years have passed since the conviction.

AS 11.61.200 (b)(1)(c)

jrmiddleton425
December 30, 2011, 07:31 PM
Believe it or not, of all places, NYS will issue a CCW to a convicted felon (I personally know a convicted felon who has one). Remember that it rests solely on the discretion of the issuing judge. If you can convince a judge why you need it, anybody can get a carry license here.

hermannr
December 30, 2011, 08:10 PM
Add NJ to that list...if you are politically connected you can get a permit, they don't care if you are a felon.

It is only the average law abiding citizen that can't get a permit in NJ.

Hypnogator
December 31, 2011, 12:20 AM
NYS will issue a CCW to a convicted felon (I personally know a convicted felon who has one).

Interesting. How does that square with Federal laws against convicted felons being in possession of firearms. :confused:

mgkdrgn
December 31, 2011, 01:24 PM
Not true.

Alaska will issue a concealed weapons permit if the individual has was convicted of a non-violent felony, and more than 10 years have passed since the conviction.

AS 11.61.200 (b)(1)(c)
Will that person pass a NICS check to legally purchase a firearm?

Nope. Not unless that felony has been expunged. As soon as they answer YES to question 11c on the 4473, the process is over.

22-rimfire
December 31, 2011, 01:34 PM
Will that person pass a NICS check to legally purchase a firearm?

Nope. Not unless that felony has been expunged. As soon as they answer YES to question 11c on the 4473, the process is over.

That is only an impediment at the FFL level although technically it is an impediment on Face to Face sales as well, but how would the seller know?

The spouse can also own the firearms. Last I heard, you can shoot somebody else's guns and don't have to own them.

David
December 31, 2011, 02:09 PM
Here's a link to an update on this story .........

http://m.nypost.com/;s=CHTzKG1oRkJnDxnNWc1NC24/f/mobile/news/local/law_in_cross_hairs_88DTorAzp2T5JZX5dAkXbM

Thanks .........

floorit76
December 31, 2011, 02:18 PM
How do you suppose this will affect the tea party guy that was recently charged also?

SharpsDressedMan
December 31, 2011, 02:27 PM
I believe Ohio has restored gun rights to qualifying convicted felons who have fullfilled their debt to society (beyond parole restrictions for time served, etc) if it was a non-violent or non-firearms related crime (fraud, etc).

Standing Wolf
December 31, 2011, 02:43 PM
Does anyone know of any state where felons are issued CCW permits?

Does a New York state of mind count?

FIVETWOSEVEN
December 31, 2011, 10:15 PM
Believe it or not, of all places, NYS will issue a CCW to a convicted felon (I personally know a convicted felon who has one). Remember that it rests solely on the discretion of the issuing judge. If you can convince a judge why you need it, anybody can get a carry license here.

Is it illegal to carry a BP firearm concealed or open in NY?

gearhead
December 31, 2011, 11:45 PM
Black powder might be the only exception where felons MIGHT be allowed to have a gun. No way though for CCW permits.

http://www.guntrustlawyer.com/2009/05/can-a-felon-possess-a-firearm.html
I had the black powder discussion at work, with a LEO who I work with. A co-worker who is a biker had stated that some of his buddies who couldn't carry a firearm due to a felony in their history simply carried a BP firearm, and the LEO agreed that he had run across that in his LEO duties and couldn't arrest them for being a felon in possession of a gun. Another co-worker pointed out that it's also illegal for a felon to purchase or possess gunpowder, so unless the felon planned on throwing the BP weapon or using it as a club the BP inside it made it illegal.

gunnutery
January 1, 2012, 12:48 AM
I still do not see a national CCW, and I do not WANT one. That would take control away from the states and put it in the hands of the federal gov't - an issue that has been beat to death in several threads here already

I know someone already addressed this, but it really shouldn't be a "states rights" issue, because "the right of the people to keep and bear arms SHALL NOT BE INFRINGED." It is a right guaranteed to us all from the United States of America.

USAF_Vet
January 1, 2012, 12:51 AM
It might have been a tongue in cheek comment. A law abiding citizen should be able to carry a gun where a non law abiding gun toting felon may be. No, without restoration of their rights, a felon can not even so much as touch a gun legally, much less be issued a permit to carry one concealed. but then, felons aren't typically known for giving a crap about the law in the first place.

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