What kinds of people have lost their gun rights.

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If one gets a pardon, then they can have their record expunged. Once the record is expunged it does not show up on a NICS search. Since NICS search records are not kept past 30 days, they do not know if the person was previous felon if they ar enot one now.
Since the law says that someone who is pardoned of a felon is no longer a felon, the former felon can now own firearms legally. It is not up to the ATF or the FBI.

This is what the federal law says about pardons:
478.142 Effect of pardons and expunctions of convictions.
(a) A pardon granted by the Presi-dent of the United States regarding a Federal conviction for a crime punish-able by imprisonment for a term ex-ceeding 1 year shall remove any dis-ability which otherwise would be im-posed by the provisions of this part with respect to that conviction.
(b) A pardon granted by the Governor of a State or other State pardoning au-thority or by the pardoning authority of a foreign jurisdiction with respect to a conviction, or any expunction, rever-sal, setting aside of a conviction, or other proceeding rendering a convic-tion nugatory, or a restoration of civil rights shall remove any disability which otherwise would be imposed by the provisions of this part with respect to the conviction, unless:
(1) The pardon, expunction, setting aside, or other proceeding rendering a conviction nugatory, or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms; or
(2) The pardon, expunction, setting aside, or other proceeding rendering a conviction nugatory, or restoration of civil rights did not fully restore the rights of the person to possess or re-ceive firearms under the law of the ju-risdiction where the conviction oc-curred. [T.D. ATF–270, 53 FR 10505, Mar. 31, 1988]
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http://64.233.169.104/search?q=cach...d+(n),+27+CFR+478.32&hl=en&ct=clnk&cd=1&gl=us

If the pardon inculdes fully restoring all civil rights allowing for ownership of firearms again, then even the ATF must comply.
 
????

in MASS there are potentialy 1,500.000 felons. how the state law was changed in1998 to make the state FID card a five year license.previous it was lifetime.guess what very few know it has expired.I suppose some would say ignorence of the law is no excuse.
NO GUN LAW IS CONSTITUTIONAL:but that does not matter to many.
----:uhoh:----:confused:-----:banghead:
 
I did not do anything illegal, I'm actually following the law, i.e. staying legal... my local State government will not give me another license for firearms because as a green card holder I am some kind of public safety hazard....
 
STAGE 2, we've beaten to death the issue of whether Mr. Wilson should have known his actions would be illegal, but we still haven't touched on whether he should have known it was a felony. Since, as a misdemeanor, his rights would not have been stripped, the question is germane.

That said, I ask again: particularly in light of our current society, proceeding down from the last occupant of the Oval Office, who would reasonably expect oral sex to be a felony, even when intercourse would only have been a misdemeanor?
 
he should have known it was a felony. Since, as a misdemeanor, his rights would not have been stripped, the question is germane.
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It's not just felonies anymore. Any misdemeanor where you COULD have been sentanced to more than 1 year in jail, EVEN IF the judge gave you a lesser sentance. That means almost all DUI's, tresspassing, theft's, fraud perjury, failure to appear, etc, etc.

There is a public perception that it is only dangerous felons who are barred, when in fact millions of Americans with minor offenses are barred, many do not even know they are forbidden firearms.
 
What Prohibits an Individual From the Transfer or Possession of a Firearm?

A deny message from the NICS indicates that either you or another individual with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria or state law.

Are you or have you been:

Convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or any state offense classified by the state as a misdemeanor and punishable by a term of imprisonment
of more than two years?

Under indictment or information for a crime punishable by imprisonment for a term exceeding one year?

A fugitive from justice (the subject of an active criminal warrant)?

An unlawful user of or addicted to any controlled substance?

Adjudicated as a mental defective or involuntarily committed to a mental institution?

An illegal or unlawful alien; or a nonimmigrant who fails to meet certain exceptions to possess a firearm?

Dishonorably discharged from the U.S. Armed Forces?

A renouncer of U.S. citizenship?

Subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?

Convicted in any court of a misdemeanor crime of domestic violence?


NOTE: The NICS must deny firearm transfers based on applicable state law as well.

http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm
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Old Dog,

You really think only people that work hard at bringing the law down on themselves get convicted of felonies! Check out Mark Fuhrman. He's the famous Los Angeles homicide detective that worked on the OJ trial and now is a convicted felon. This man managed to get convicted of a felony in the process of trying to put a vicious murderer behind bars. His conviction was a joke and yet he will likely never be able to possess a firearm again. It would take but little effort to come up with thousands and thousands of cases like his. Many thousands of people get railroaded by the justice system every year.
 
i would like to know if some one can still recive a conceal and carry permit if they have been charged with possesion of a firearm under the influince??
 
Try something hard...

1- A Woman gets off a hard night's work at the donut hut frying up tasty snacks. On the way home she misses a stop light that is red and ends up driving her 3.5 ton Suburban into a Honda Civic killing a momma taking her baby to school. She is charged with and convicted of involuntary manslaughter (some states this is called negligent homicide); a felony. Happens every day I can send mulitiple examples as you like of traffic accidents that resulted in felony convictions.

She had no earthly idea she was missing the signal and changing the course of several lives or she would have stopped.

2. Many states have ''date rape'' felony laws. We go back to intent here because it is really hard to establish who was thinking what, when. I am talking about two people of legal age. Proving that someone knew (or did not know) what they are doing was illegal is a tough nut to crack sometimes which why prosecuters avoid these type ''crimes'' nowadays. Still happens... not as often as it used to but still too often.

3. I had heard of a case out here about 20 years ago where a father and son were convicted of a felony for filling in a dry creek bed where they were building a house. Seems that these were federal wet lands. They did not know this. I do not know much about this case if I can find the info I will send it.

4. There was a sports writer who was duck hunting along the Anocostia River in Maryland 20-25 years ago. He and his party accidentally crossed over onto the DC side on to a small island and were beset by helicopters, police boats and eventually picked up by the DC Police. He was never charged with carrying a weapon (he contended that he was still on the MD side) but I believe it would have been a felony. (So this case does not fit the profile as no conviction took place).

Should be enough to whet your appetite Stage2.
 
4. There was a sports writer who was duck hunting along the Anocostia River in Maryland 20-25 years ago. He and his party accidentally crossed over onto the DC side on to a small island and were beset by helicopters, police boats and eventually picked up by the DC Police. He was never charged with carrying a weapon (he contended that he was still on the MD side) but I believe it would have been a felony. (So this case does not fit the profile as no conviction took place).
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If a law was broken, I do believe it would only have been a misdemeanor carrying a sentence of not more than a year. That is what sentence most first offense firearms crimes in DC are. Even carrying a loaded pistol in DC only carries a one year max misdemeanor.
 
Here is my standard link for threads like this. Assuming that the article has not been sensationalized, taken out of context, etc., here is the story of a man who was convicted of perjury for telling the truth. There are a couple of Findlaw links to court reports in the article as well.
 
Number one, he had one more appeal he could have taken in the courts.
Number two, if he was truly wronged by the system he can ask the governor or a pardon board for a pardon to regain his full rights as a citizen.
If he is denied by this governor, he can ask the next one or the one after that. If he deserves his rights back, he has recourse and the same goes for all other felons.

While I am for non-violent felons being allowed to recover their 2nd Amendment rights someday in most cases after they have served their time in prison and showed they are responsible citizens over the years, it would be dishonest to say felons today do not already have an ability to recover their full citizen rights if they truly deserve it. That is what the pardon/commutation laws are in part for.
 
i have a friend who lost his job and fell behind in child support payments, he was put in jail and charged with a felony and convicted. he wound up losing everything he had because of time spent in jail , by the time he got out he had to sell everything that was left to pay off bills and to eat, he found a job and is now doing fine.but he still can never own a firearm!:cuss:it really pisses me off that we can no longer hunt together because he lost his job.
[i believe that he should have too support his kids too, but cmon give the guy a break!]
 
If he is denied by this governor, he can ask the next one or the one after that. If he deserves his rights back, he has recourse and the same goes for all other felons.

While I am for non-violent felons being allowed to recover their 2nd Amendment rights someday in most cases after they have served their time in prison and showed they are responsible citizens over the years, it would be dishonest to say felons today do not already have an ability to recover their full citizen rights if they truly deserve it. That is what the pardon/commutation laws are in part for.
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Yes, I agree with you.

How about Lautenberg, however? Misdemeanor DV charge or even no criminal activity at all, such as an involuntary committment? "Hey, we think you MIGHT do something CRAZY with your .45 so we'll lock you up until you're sane again. And after you're sane again and out on the streets.... well, you don't really need that pesky 2nd Amendment, do you?"

Or the fact that the state you live in thinks you're safe with owning firearms or never even took that right away but the feds will still pop you for possession and that's a felony too, isn't it?

By the way, how does a governor pardon a non-criminal? This isn't a rhetorical question -- I'd really like to know.
 
As far as mental illness confinement I am not sure federally, but in my state if a doctor declares someone who was committed is not a threat to themselves or others, then they can own a firearm again.
As far as the Lautenberg amendment.....I think that needs to be changed or at the very least should have had a grandfathering exception because many people 30 or 40 years ago plead guilty to a minor offense without realising decades later it would mean their civil right would be denied as a result.
 
As I pointed out on another thread JPFO has a good interview on their website with regard to the brady background check: http://www.jpfo.org/tta050829.htm Five of the brady denials does not have anything to do with criminal accusations/convictions.

As pointed out earlier on this thread seeing a psychologist could get you denied from having a ccw/ buying a handgun.
 
Well, there was this guy.. Gotta wonder what's going through people's head sometimes. This guy could have went down to the local gun store and bought weapons. With his cash, he coulda picked up a bunch of M1As and SOCOMs, some nice Benelli Shotguns, and how much ever ammo he wanted.. All the pistols he got in AZ could have also been legally obtained in CA. Granted he would have had to wait 30 days between pistol purchases.

http://www.voiceofsandiego.org/articles/2007/08/16/government/682rady080707.txt

http://www.voiceofsandiego.org/pdf/radyplea.pdf

After La Jolla billionaire Ernest Rady's home was invaded this year, the Rady family hired a consultant to draw up a comprehensive security plan for the entire family.

For Ernest Rady's 40-year-old son, Harry, the consultant suggested keeping several armed guns in gun safes located in strategic spots around the sprawling La Jolla mansion where Harry lives with his wife and two children.

But Harry Rady went too far in arming himself and his family against possible intruders.

........
........

Rady will be sentenced in October. His attorney said as part of his plea agreement, Rady can never again own or possess a firearm. Also as part of the plea agreement, federal prosecutors agreed not to charge Rady with any drug charges for the steroids found at his home.
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"In 1980 i testified in a murder case. The prosecuting attorney and the sheriff said that i would get police protection an the sheriff told me to carry a gun."

Not meaning to flame you, but your first mistake was believing anything the persecuting shyster or the police told you. As you have undoubtedly realized in hindsight your best course of action would have been to do a Sgt Schultz impersonation: "I see nothing." They are allowed to to employ any threats, intimidation, shame, cajolery, falsehoods or whatever else they think you are stupid enough to believe to get you to say what they want to hear. When you tell the law something other than the "truth" (meaning what serves their purpose) it is a crime (a felony if the cops are from Fedgov); if they don't tell you the truth it is "permissible deception" and anything you say can and will be used to destroy your life. They have doctorate level psycho-charlatans writing their script on leading you to say what they want to hear and legions of shysters to make sure it will be interpreted in the most inculpatory manner. The methods are effective enough to to work on cops who use and understand them and cause innocent people to confess to crimes they did not commit. For more information on this fascinating subject do a Google search for "police interrogation techniques." I'm sure all will find it most enlightening. When dealing with the minions of The Law under any circumstances the best choice is to say nothing until you have consulted an attorney. You are under no obligation to assist those who mean you ill. Never forget you are innocent until proven guilty, and you're not required to provide information that helps them do that.
 
Apparently lost in everyone's zeal to prove just how purposely malicious our justice system is, and how so many thousands of innocents are "railroaded" each year ... was the original poster's actual question:
What kinds of people have lost their gun rights?
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As an addendum to the other thread I'd like to see examples of cases where people were engaging in activity which normal people would have no idea was illegal, let alone a felony, were convicted and subsequently lost their rights.
Before some of you get too excited, here's what I'm not looking for. I don't want a discussion of whether a law is valid, just or "good". I don't want an argument about whether its proper for non-violent felons to lose their gun rights.
What I do want are actual convictions of adults. I do want cases which involves activity that normal people would have no earthly idea was illegal. That rules out infringing upon copyrights, having sex with people under the age of consent, possessing or transmitting child pornography, or the various vague technical laws governing firearms. (I shouldn't need to say this but it seems there are people who think individuals should be able to do these things.)


Have at it.
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Thus far, in this entire thread, I see one post (Elmer Snerd's) reflecting the possibility of someone's being convicted for an action he had no idea could be a felony offense.

And once again, I restate my contention: it is actually, for the most part, very difficult to become a convicted felon -- your average convicted felon is actually a real criminal, having committed a real crime -- and by this, I mean a very common crime, not the type one commits "inadvertently," not knowing one's actions constituted a felony offense -- OR, one is criminally stupid and has continued a lifestyle wherein one's daily routine involves activities a reasonable person would know to be crimes.
 
Thus far, in this entire thread, I see one post (Elmer Snerd's) reflecting the possibility of someone's being convicted for an action he had no idea could be a felony offense.
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Did you see my post?

I agree with you though.. It takes some effort or major stupidity to become a felon. There isnt an epidemic of people walking outside, making some boneheaded mistake and all of a sudden becoming felons.
 
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