A legal argument for depriving felons of gun rights

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I think all convicted criminals that have served their time and paid their debt to society should have all their freedoms restored after a 10 year time frame of good behavior (ie no crimes). The restoration should be automatic not something that requires paying a lawyer to fight for those rights in court.

The devil is in the details these days as it is not just felons any more that have their gun ownership rights stripped from them. I believe a misdemeaner offense with maximum sentance of one-year or more also fits current law for gun rights being taken regardless of the sentance or punishment. I could be mistaken.
 
It really is simple, as I said. If you don't think they should be able to vote, own a gun, or hang around schoolchildren after their prison time, make it PART OF THE SENTENCE. The restriction of rights has to be done through the due process of law. But it's not.

If a person is convicted, they are sentenced, in a court of law, to a punishment. And they should only receive the punishment they are sentenced to in a court of law- no more, no less.

It is part of the sentence. It is applied 'en-mass' when a crime is classifed as misdemeanor, gross misdemeanor, or felony. Felony means you have the tag 'felon' tied around your neck for the rest of your life. However, the purpose of this isn't to give you a paperwork version of a scarlet letter, it is so that additional parts of the sentence continue to apply to you FOR LIFE, even though your actual physical incarceration may end after just a few years. That's why most of the time it is called 'felony conviction' because you are getting jail time + lifetime status as a felon.


Nah, he's no saint, he's as guilty as the rest of us.
I wasn't talking about youthful indiscretions. I was referring to the thousands of laws that exist that hardly anyone knows about. These laws can be used to deprive the most honest person of his rights. Think if the more obscure provisions of the Internal Revenue Code or the Lacey Act as examples, its hard NOT to be a potential felon these days.

I'm not prepared to say that some 65 year old tourist who brought a fish skeleton mounted on a plaque back as a souvenir of her trip to Honduras should be deprived of the right to keep a pistol at the side of her bed as protection. If that's "breaking the social contract", we need a new contract.

Again, while you are correct that there are a thousand and one obscure laws that can trip a person up, very few of them are FELONIES. And that is exactly why such a distinction exists. Only a very small segment of the Lacey Act deals with felony level criminal activity.

Same with all your pot smoking buddies (and I wasn't one of you druggy hippies either) It's not a felony unless you are selling it, intending to sell it, or transporting more than an oz of it. Like I said, I was never a pot head, and have absolutely no shame in that statment, so I don't know for sure, but I suspect that a couple of joints is going to be less than an oz.

But if you are doing illegal drugs, don't come crying to me about how harsh your criminal penalty is. Buying pot is a lot different than messing up some math on your tax form or catching a fish and bringing it home unidentified only to find out it is some rare protected species.

Now, don't get me wrong. I disagree with a system that would allow a speeding ticket, (or a restraining order) or other misdemeanors to limit anyone's rights, be it gun ownership, voting, whatever.

I do, however, agree in being able to classifiy some crimes as severe enough that in addition to very serious jail time (5+ years) if you are let out, you will have some restrictions placed on you for life. In general, I am in favor of even longer sentences.

Between Black and White there lie numerous shades of Grey. As Gator said, most of us have unknowingly committed a felony at some point in our lives. Felonies can result from such mundane things as transporting a firearm to the range. Maybe your late for work, alarm clock didn't go off, and you break three traffic laws in your haste to get there, if your late again you lose your job, you have just committed a felony in many jurisdictions. Things that happen between men and women behind closed doors can be felonious.

you are going to have to explain to me how transporting a firearm to the range is a felony, or breaking 3 traffic laws is a felony.

regarding certain sexual acts as being a felony, not here they are not. The sodomy laws in MN were thrown out about 10 years ago, and even before then, they weren't felonies, simply misdemeanors or gross misdemeanors. However, this line of reasoning to me simply states we must be careful with which crimes rise to the level of felony, not that we need to cut felons slack. Maybe we need a catagory inbetween gross misdemeanor and felony, but that doesn't change the fact that someone who is an axe murderer at age 19 and gets out of jail at age 39 due to good behavior should be able to buy a firearm. I say keep him in there longer, and if you do let him out, it's more of a life-time parole, he never gets his full rights back.



To all of you who think that as soon as you serve your given time, the slate should be wiped clean. Does that hold for pedophiles? Should an elementary school teacher provider who molested children be able to walk right out of jail and get a job as a playground monitor or a janitor at a day-care center? Or are we allowed to let the person out after 10 years, but still apply some restrictions to him such as 'no unsupervised interaction with children for the rest of your life'
 
Frank James kept his rights, and lived to a ripe old age into the 1920's L.A. Calif.
Wes Hardin kept his and even became an attorney. But he didn't fair as well as Frank.
Geronimo didn't get his guns back, but they were POW's till into the 1920's.
G.Gordon Liddy didn't get his rights back. Mrs. Liddy owns all the guns.

Probably countless others had their rights back after being released from prison. Somewhere in the 20th century ex-cons lost their rights after serving their time.

There is merit to having served your debt to society you are a free man with rights as any other.

The error rate of being not guilty and convicted is a bit high. So that a whole nother can of worms.
 
That is what I mean. Most, if not all, of us have knowingly or unknowingly committed felonies in the past. There are too many laws for us not to have done so.

Possession of pot within 1000 feet of a school, church, park, or day care is a felony in many states.

It is a felony in my state for a man over 18 to have sex with a person under 16, even if the girl lies and tells the man she is over 18.

In my state, it is a felony in my state to use someone's wifi without permission. There was a man who was convicted of that last year for using the Wifi of a business that offered free Wifi for customers, but he was using it before the business opened for the day.

In my state, owning property where people use drugs is a felony. The fact that you post "no trespassing" signs, or otherwise try to keep them out, is not a defense.

It is a felony to own more than 5 dildos in Texas.

In my state, it is a felony for a man to leave his wife. It is legal for a wife to leave her husband.

Those are what you find with a short search. The Federal Laws, including the USC and the CFR, take up over 30 linear feet of my local law library. The state laws of my state take up another 10 linear feet. The cases that define what those laws mean fill the rest of the library.

Tell me that you know and understand all of the Federal laws, the laws of your state, and the laws of every state that you ever have visited or will visit, and I will call you a liar.
 
akodo,
you are going to have to explain to me how transporting a firearm to the range is a felony, or breaking 3 traffic laws is a felony.

In certain cities in Kansas to transport your firearm to the range the firearm must be locked in the trunk with a separate key from the ignition. Also the firearm must be unloaded and locked in a lock box. Ammunition must be in another lock box, both lock boxes need to have separate keys from the ignition.
Breaking three traffic laws in succession can be a felony in Kansas. I learned about these laws during my CCW class. My instructor was trying to impress upon us just how easy it can be to run afoul of the law and lose your rights.
 
The question here is,'would any of you posting on here trust any felon with a gun or a serious one at that? I wouldn't,because they're too much of a liability and I'm not the only one who thinks like this.Gun activities are excellent things to participate in,but you need to be seriously trusted.If a serious rehabilitation programe for minor criminals worked and was 100% water-tight then yes,maybe-but as for serious crooks-no.The rehabilitation courses should only be for minors and ones,where they are able to turn their lives around.I have the upmost respect for these guys,as they were determined to change and move on.
 
a friend in one of the alphabet agencies told me if he wanted me they have people on a computer that all they do is give them a name and can and will find something to get me for. he said that the statutes are so numerable that it would be a rare person that could not be pickup on something
 
Locking up all violent felons for life is never going to happen, nor will we begin executing all of them any time soon. Those arguments are not practical to make in this debate. The Heller ruling says within it, words to the effect of it being subject to reasonable restrictions. That is what they wrote in to the ruling to prevent the likes of felons successfully suing to get their gun rights restored. I don't think the "sentence served, restore all their rights" is the path our society should take. Using the same logic, how many of you would be ready to support that all convicted pedophiles who have served their sentences no longer have to register with LE in our communities?
Personally, I support the idea for some felons, but I think it should be done on a case by case basis, and left to the courts to decide.
 
If a serious rehabilitation programe for minor criminals worked and was 100% water-tight then yes,maybe-but as for serious crooks-no.

That is an unrealistic requirement. To show you why, let me rephrase it:

If background checks were 100% water-tight, then yes, maybe- but since some gun owners go nuts and shoot people- no. For that reason, no one should own guns.
 
A right isn't a right if it can be so easily infringed upon. If a man is at liberty, he must have his rights. All of them.

PS: The New York Post is pulp.
 
Felons sacrifice their constitutional rights, the second ammendment doesn't apply. There is a procedure, upon release, to restore these rights. Sorry, I can't get worked up about convicted felons "rights".
 
1 That procedure has been defunded.
Defunded? Doubletalk.
2 Most felonies are technical and non-violent in nature.
You must be talking about drug convictions. The drug culture is the main reason we are all arming ourselves.
3 Better hope you aren't connecting to this site through someone else's WiFi whil in MY state, or you are committing a felony.
Nope. And that law came about because of kiddie porn.
4 Following the advice of police and not pulling over in a deserted area unless you call 911 to confirm that it is indeed a real cop can get you a felony conviction in Arizona.
What percentage of convicts in Az. prisons are there because they didn't pull over. Sorry, there's always a slippery slope argument for any law. If I went to any prison, I know what I'd find, A. Violent offenders, B. Druggies, C. Illegals (combine A&B). What a surprise.
 
Same with all your pot smoking buddies (and I wasn't one of you druggy hippies either) It's not a felony unless you are selling it, intending to sell it, or transporting more than an oz of it. Like I said, I was never a pot head, and have absolutely no shame in that statment, so I don't know for sure, but I suspect that a couple of joints is going to be less than an oz.

There was a case in Wyoming about 20 years ago where an 18 year old kid was hitchhiking and picked up by a car full of 3 undercover narcotics cops. After they were moving down the road, the cops told the guy to either give them some cash, some dope, or get out. The kid gave them one of three joints in his posession. He got 25 years in prison. Posessing small quantities of prohibited drugs for personal use has not always been and is not always now, a misdemeanor. Many lives are ruined by it. Many people who represent no risk to the safety of society, who are not violent criminals, lose the right, and their families lose the right, to own a gun for personal protection.
 
Defunded? Doubletalk.

It's actually an accurate term. Rather than eliminating the system for restoration of rights by petition, congress simply removed all funding for it. So you can petition all you like, but they don't have any money to hire any reviewers to process the applications...

It's like requiring a permit to buy something, then not issuing any permits.

You must be talking about drug convictions. The drug culture is the main reason we are all arming ourselves.

Because it's illegal, it creates a black market, increased prices, lack of quality control, etc... It's not the violence of weed users smoking that concerns us, it's the violence from dealers trying to enforce their territories, settling disputes with guns that in the legal sector would be settled by courts and lawyers. Addicts, black listed and paying increased costs for their fix, turn to crime to fund their habits. If it wasn't for the illegality - a bottle of heroin of medical purity would cost about the same as a bottle of aspirin.

3 Better hope you aren't connecting to this site through someone else's WiFi whil in MY state, or you are committing a felony.
Nope. And that law came about because of kiddie porn.

But, lacking any evidence of kiddie porn, or other crime, is theft of wifi services worthy of being a Felony? Figure, the average internet connection only costs $20-60 a month, and the average user of an open wifi connection doesn't even deny the service to the legitimate user. Some people even deliberately leave their point open as a 'public service'.

I'm not denying that it can't be a crime, but that it should, at most, be a misdemeanor - unless it's being used for some other illegal purpose.

What percentage of convicts in Az. prisons are there because they didn't pull over. Sorry, there's always a slippery slope argument for any law. If I went to any prison, I know what I'd find, A. Violent offenders, B. Druggies, C. Illegals (combine A&B). What a surprise.

You'd also find D: Scammers, forgers, and counterfeiters. Petty thieves and shoplifters. My cousin spent some time in prison for stealing a gun. Of course, you'd include him under B, but that wasn't what he was convicted of.
 
I'm not the only one who thinks like this.

I'm certain you're not the only one who thinks like that in the UK. Too bad for the UK.

That procedure has been defunded.

Defunded? Doubletalk.

Doubletalk? Let me put it in plain English then: A non-violent felon, after serving their entire sentence and parole, cannot regain their civil rights because the bureaucracy that that is supposed to process these requests is "out of business".

It is fundamentally wrong to assert that a felon can regain his civil rights by applying to a system that does not exist.

Either declare unequivocally that once convicted a felon loses their civil rights for life - or fund the system that is supposedly in place to restore those rights.
 
My cousin spent some time in prison for stealing a gun
Sorry to hear that. Did he do it?

I detect a common thread that if we would just do away with those evil drug laws, all would be perfect. Bullcrap. What do you think the drug dealers would do? Get jobs? Join a monastery? No, they will sell to whoever is prohibited in your plan. Should a five year old be able to legally buy cocaine? No. Then someone will try to sell it to them. Everyone stoned all the time is not the answer to anything. I think even Amsterdam is re-thinking their drug policy.
Just my $.02

Doubletalk? Let me put it in plain English then: A non-violent felon, after serving their entire sentence and parole, cannot regain their civil rights because the bureaucracy that that is supposed to process these requests is "out of business".
Pardon my ignorance, What bureaucracy is in charge of restoring one's rights? I'm willing to look into it. Since we have grown government faster than any time in history, I'm surprised any part of government is "out of business", but I could be wrong. What agency were you referring to?
 
Everyone stoned all the time is not the answer to anything.

Why is it that you need to find an answer to a non existent problem that has nothing to do with you? The real problem that concerns you is that you, and others like you, seem to lack the ability to mind your own business. It is not your place to restrict the natural rights of others in order to achieve your ideal society.
 
I'm surprised any part of government is "out of business", but I could be wrong. What agency were you referring to?

Following is an excerpt from an article at this link:

http://archive.newsmax.com/archives/articles/2002/12/10/142436.shtml[/COLOR]

More can be found by googling "restoring firearm rights of felons".

In 1965, Congress enacted a federal law authorizing the Treasury secretary, through the Bureau of Alcohol, Tobacco and Firearms, to restore firearms rights to felons if they were not "dangerous to public safety" and if the restoration of such rights was not "contrary to the public interest."

However, in 1992 the non-profit Violence Policy Center released a study showing that ATF had approved about a third of the 22,000 requests from felons for restoration of gun rights.

The ATF later conceded that 69 of the felons who had been granted restoration of gun rights had been re-arrested for crimes such as attempted murder, first-degree sexual assault, kidnapping, child molestation, illegal possession of a machine gun and drug trafficking.

Since that revelation, Congress has told the Treasury Department in annual appropriations laws that it may not spend money to act on requests from felons who want their firearms rights restored.

Note that according to the VPC (certainly an upstanding and trusted source :rolleyes:) - a third of 22,000 felons had their rights restored - or approximately 7,333. Of those, 69 committed serious felonies after having their rights restored. That amounts to about nine tenths of one percent of those whose rights were restored.

It is not a stretch to presume that those 69 felons would have committed the same crimes with or without their firearm rights restored. In fact, I'd conclude it is almost a certainty, and that the restoration of their rights had no bearing on the commission of those crimes.
 
Why is it that you need to find an answer to a non existent problem that has nothing to do with you? The real problem that concerns you is that you, and others like you, seem to lack the ability to mind your own business. It is not your place to restrict the natural rights of others in order to achieve your ideal society.

Gee, there's a long list of other things which (allegedly) don't affect me. I guess I should butt out when it comes to:
Rape
Child molesters
Domestic beatings
Child abuse
Bank robbers (unless I'm in the bank, of course)
Grave robbers (unless I'm,........ well, you know)
AIDS
Corrupt politicians
Illegals


To each his own. I'll move on to threads about how to stop home invaders. Why do we have home invasions, I wonder? forty years ago, we left our doors unlocked. Hmmmm.......?
 
These support your local felons right to own a gun threads are the only places where you will find conservative gun owners passionately arguing for the rights of convicted felons. :neener:
 
Most, if not all, of us have knowingly or unknowingly committed felonies in the past.
Oh, please, not this again. Simply not true, nor can you support this statement.

At any rate, we're talking about convicted felons, presumably -- the only type of felon whose firearms rights are denied.

I deal with convicted felons daily. Believe me, there are very few of these folks that any of you would feel comfortable around if you knew they owned and/or carried guns.

It simply is very difficult these days to get sent to prison. You really do have to be a determined criminal type to get there ...
 
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