Constable arrested on gun charge

[KY Moose]

Wednesday, June 11, 2003

Constable arrested on gun charge

By KENNETH HART
The Daily Independent

CATLETTSBURG A Boyd County deputy constable was scheduled to be arraigned this morning on a charge of being a convicted felon in possession of a handgun.

Matthew Lee Blevins, 41, was arrested May 25 at his home on Jarvis Road by Kentucky State Police Trooper James Stephens, according to court records.

The charge is a Class C felony that carries a prison sentence of five to 10 years.

Stephens wrote in the arrest report that he went to the residence to follow up on information he received about Blevins being a convicted felon and owning a handgun.

According to the report, Blevins told Stephens he was in possession of a 9 mm pistol that Constable John Workman gave him after swearing him in as a deputy constable.

Stephens found the weapon on top of the refrigerator in Blevins' home, the report states.

Blevins was convicted of second-degree burglary in April 1981, according to Boyd Circuit Clerk's office. He was placed on probation.

Workman, who was elected in November, said Tuesday that he was not aware of Blevins' background when he chose him as a deputy.

"As far as we knew, everything was OK with him," he said.

Kentucky law permits constables and deputy constables to carry sidearms. However, state law also forbids convicted felons from possessing firearms unless they have been pardoned by the governor or the president, or have been granted special relief by the U.S. Secretary of the Treasury.

Under the law, felons are not permitted to possess firearms of any type. Violation of the law is a Class D felony, unless the firearm is a handgun, which raises the violation to Class C.

Blevins was lodged in the Boyd County Detention Center following his arrest and released the same day on his own recognizance. His arraignment is scheduled for 9 a.m. today before Boyd District Judge Gerald Reams.

 

[Standing Wolf]

"As far as we knew, everything was OK with him," he said.

Pretty thorough background check, I'd say.

 

[Devonai]

Should a non-violent felony from 22 years ago eliminate your right to own firearms forever?

 

[CZ-75]

Funny how LE made him a felon all over again by issuing him the handgun.

I'm hoping he gets off the hook for this and I can't see how a non-violent felony that was diverted to probation when the man was 19 should follow him around forever. A 41 year-old man that hasn't been in trouble since ought to be able to clean up his record and become productive. There are bigger losers out there wearing the badge that managed to not get caught doing their crimes and misdeeds, I'm certain.

 

[WonderNine]

Should a non-violent felony from 22 years ago eliminate your right to own firearms forever?

Yes, according to the totalitarians in our government.

I suspect that seeing as this has been made a large stink of in the press, he will probably get a pardon from the governor.

 

[geekWithA.45]

Stephens wrote in the arrest report that he went to the residence to follow up on information he received about Blevins being a convicted felon and owning a handgun.

I wonder who narced him out? Sounds like someone had an axe to grind....

 

[Nathaniel Firethorn]

Stephens found the weapon on top of the refrigerator in Blevins' home, the report states.

Wonderful place for it.

- pdmoderator

 

[Walk Softly]

Even if he gets a pardon from a state official, he will still be in violation of federal law! There is no venue for restoring firearm priviledges under federal law.

 

[CZ-75]

There is no venue for restoring firearm priviledges under federal law.

First, I believe that if the state where you commited your crime pardons you, the feds have no case. However, since the pardon will be after the fact, he is still eligible for Club Fed. Next, one may, as incorrectly described in the story, petition the director of the BATFE, since they are no longer under Treasury Dept. authority.

 

[Walk Softly]

Somewhere in a budgeting bill, there is a constraint that the BATF isn't allowed to expend any funds on restoring felon's rights. I can't remember the particulars, but it came up a while back in the case of an american gun dealer who was convicted of having posession of illegal ammunition in Mexico (they found a few loose rounds in his vehicle) by the Mexican authorities. When he got back to the United States he petitioned the BATF to get his rights restored, was denied because of the budget constraint, and filed a suit in federal court. The court was unable to do anything for him! The end result is though there is a approved legal method for restoring rights, it has been effectively removed and there is no way to get your rights restored at the federal level. Sorry I can't remember the specifics, the case I mentioned was a pretty big deal; the man lost his livelyhood over a few rounds of ammo and a felony conviction for something that isn't even a crime in the United States.

 

[Matthew Courtney]

Unless Blevins lied on his application or during the background check process, he has a defense to the "felon in possesion of a firearm" charge. He can truthfully assert that he believed the possession of the gun was lawful. He had been issued the gun by a supervising LEO who had purported to have conducted a background check. Did he have criminal intent? Was he criminally negligent?

He is being prosecuted in State Court and, once a jury is sworn, cannot be prosecuted in Federal Court.

 

[CZ-75]

Sorry I can't remember the specifics, the case I mentioned was a pretty big deal; the man lost his livelyhood over a few rounds of ammo and a felony conviction for something that isn't even a crime in the United States.

I'm also passingly familiar with that case, I just wanted to make clear that, de jure, such a method exists, even if de facto improbable due to the catch-22.