Convicted Drug Dealer Seeks License to Hunt

[Jeff White]

Even if enough money finds it's way into Blagojevich's campaign fund to get the ISP to give this guy a FOID card, I think he'll still be in violation of the federal law unless his conviction is expunged.


http://www.stltoday.com/stltoday/ne...AFDBAABD3F752BAA86256FE10032149D?OpenDocument

Convicted drug dealer seeks gun license to hunt
By Paul Hampel
Of the Post-Dispatch
04/12/2005

Alton mayor, senator
and other officials back
granting of waiver



A convicted drug dealer from Alton who says he has turned his life around is seeking a waiver that would allow him to own a shotgun for hunting.

Richard Sholar, 48, was turned down last year, and again in February, by the Illinois State Police after he filed a request for an Illinois Firearm Owner's Identification Card.

Sholar was charged in 1989 with conspiracy to distribute cocaine; he was convicted in 1990 and served a 30-month prison sentence.

Felons are prohibited from possessing firearms, but an appeal procedure is available.

Sholar filed a petition in Madison County Circuit Court in February appealing the denial of a firearm owner's identification card. The petition states, in part, that Sholar should be granted the card because he "has never been convicted of a forcible felony; the circumstances regarding (his) criminal conviction and his reputation are such that he is not likely to act in a manner dangerous to the public safety; (and) approval of (his) application would not be contrary to the public interest."

Sholar is the owner of Hawk Amusement Inc., a vending machine company in Alton. The petition was filed on his behalf by his brother, Alton attorney John Sholar. They are the brothers of Eddie Sholar, owner of the popular Fast Eddie's Bon-Air restaurant in Alton.

"I'm not seeking to have my record expunged," said Richard Sholar. "I just want a chance to go hunting for small game again. I grew up hunting and I love it. But it's been 17 years since I've had the chance to do it."

After the state police denied Sholar's request in September, he appealed, and included letters of support from state Sen. William R. Haine, D-Alton; former state Rep. Steve Davis, D-Bethalto; Alton Mayor Don Sandidge; and Madison County Auditor Rick Faccin.

Haine said he had been asked by Sholar's family to write the letter.

"This guy made a big mistake in 1989, but he paid his debt, he's never been in trouble since, and he wants to hunt with his family," Haine said.

Sandidge acknowledged that Eddie Sholar had contributed to his mayoral campaign, but said that had nothing to do with his support of Richard Sholar.

"Fast Eddie bought tickets for my fund-raisers, but he was not a major contributor," Sandidge said. "I wrote the letter because Richard's had a clean record for over 10 years and I don't think it's unreasonable that he be allowed to go hunting again."

A hearing date has not been set for Sholar's petition.

Reporter Paul Hampel
E-mail: [email protected]
Phone: 618-659-3639

 

[El Tejon]

So, is a pardon somehow involved? Unless he wants own a non-GCA shotgun, this guy is setting himself up for a potential 60 month vacation at the Bureau of Prisons in sunny, scenic Terre Haute, Indiana.

 

[Bear Gulch]

Expungement, actual removal of the convition based upon evidence of having changed, probably should be sought first. That gives him a trip to the parole board who is supposed to render such judgements.

 

[cracked butt]

More power to him.

I have a friend who recently went through the same process because he had a felony drunk driving conviction on his record. He had to wait about 7 years before he could petition a judge to have his rights reinstated. He was successful and now is able to hunt again.

I'm all in favor of allowing nonviolent offenders to have their 2A rights back if they did something stupid in their youth and have matured.

 

[scout26]

CB,

Sorry, I don't think he should get his 2A rights back (or voting either). Sends the wrong message. According to my math, he was 31 when he was busted, and not for possession, but for

conspiracy to distribute cocaine

. Experience tells me that what it was negoitated down to.

He should have thought about all the costs associated with his actions. Of course he thought that he wouldn't get caught. Guess what, he gambled and lost.

Yeah, if you were 15 and got busted for aggravated mopery with intent to creep, and you've gotten nothing more then a parking ticket since, then I agree there should be a timeline and a process to expunge the crime from your record. But not in this case. Part of punishment is to show clear standards or right and wrong. Por encourager les autres.

 

[Joejojoba111]

Funny, but if you asked all the millions and millions of people in jails for using or selling or just having drugs, they'd probably say they want the drugs not to be criminal. But they aren't allowed to be equal citizens in such a great free democracy, because they committed a crime that they would vote shouldn't be a crime, but they can't vote so it doesn't matter.

 

[cracked butt]

Scout- as much as I have a low opinion of drug users and in particular Drug Dealers, his crime was not a violent one. Whether he was 18, 31, or 50 when he was convicted really doesn't matter so long as he has shown a long track record of getting back on the right path and being a positive contributor to society.

I don't see how this sends the wrong message whatsoever.

 

[thorn726]

he was 31 when he was busted, and not for possession,but for
Quote:
conspiracy to distribute cocaine

\

i agree , that sounds pretty heavy - and the thing about his age is he's that old, he was pretty into it.

i dunno, if it has been a long time , 10 yrs or more, i say give him the licsense- i don't see how it would ever happen tho- federal law will never allow it, i guess the local police could look the other way?

PS= THIS=

Expungement, actual removal of the convition based upon evidence of having changed, probably should be sought first. That gives him a trip to the parole board who is supposed to render such judgements.

has NO impact on regaining the RKBA. expungement does not remove the firearm prohibition. you can't become a cop, many things like that, it only keeps people from having to say they were convicted for regular jobs.

google will tell you all this pretty fast.

SO- i dont see how this guy has a case at all, especially considering the gun dealer in mexico scenario. of all the felons in te world, THAT GUY should get his rights back, and he can't.
seriuosly doubt this hunter will

 

[c_yeager]

As long as he is legally in America I see no reason why he shouldnt be entitled to ALL the protections of the contitution. The constitution leaves room for qualifying who can vote, so limiting that right is apporpriate but nothing in the second ammendment even mentions that he has to be a citizen, let alone in good standing.

 

[dloken]

Scout: so he committed a victimless non-violent crime, paid his debt to society by going to prison, and now has a proven 15 year track record of generally being a good person and you still think he shouldn't be able to own a shotgun or rifle? What the hell is wrong with you people.

I know a few felons that I would trust with a firearm more than I would some non-felons.

There is actually a way of having firearms rights restored in the GCA (1968 gun control act which regulated firearms in the US and made it illegal for a felon to own or posess a firearm) but the Congress continually denies funding for it so it is actually illegal for the ATF to use other funds to process applications for this. Totally ????ing assinine.

Personally I think once you do the time in prison/probation you've paid your debt to society. You're a normal citizen at this point, imho.

 

[Gray Peterson]

Actually, the federal law recognizes state expungements of firearms convictions as long as the court specificly restores to right to bear arms.

 

[thorn726]

Actually, the federal law recognizes state expungements of firearms convictions as long as the court specificly restores to right to bear arms.

a HA! that explains the not quite absolute wordings i have seen-

one of the things i saw was a news spot about a mass expungement, and in those cases the LE spokesman was saying it would not remove their firearm prohibition, but first he may not have been completely right, and the legal sites i have seen say something to the effect of most likely not.

but that quote explains the possibilty.

s othis guy who got convicted in Mexico, what the heck can he do???

 

[Cosmoline]

Considering felony creep on the state and federal level, this is going to become more and more of an issue in the decades to come. The prisons are full of people sent up for selling things to people who wanted to buy them. I can see no reason why they should be prohibited from owning firearms at all.

 

[JohnBT]

Proven lack of judgement?

Just a thought.

JT

P.S. - Lot of the drug dealers around here are violent and so are many of their customers. It's hard for me to make a blanket statement that drug dealing is a victimless crime, especially when the users are robbing people to get money.

 

[Joejojoba111]

I don't think I read anyone writing that robbing people of their money was a victimless crime. To clarify that's called 'robbing', while selling drugs is called 'selling drugs'. It's easy to confuse the two, happens all the time.

 

[WT]

Scout26 - I agree with you. No guns for convicted felons. Ever.

"turned his life around" - yeah, right. A convicted drug dealer. That makes me laugh.


This site is becoming the most 'pro-felon' and 'pro-drug' site on the www.

 

[kfranz]

Scout265 - I agree with you. No guns for convicted felons. Ever.
"turned his life around" - yeah, right. A convicted drug dealer. That makes me laugh.
This site is becoming the most 'pro-felon' and 'pro-drug' site on the www.

Imagine that, a group of freedom minded individuals getting together to express their thoughts....Sounds dangerous.....better do something about it.....there oughta be a law......

 

[TC66]

Every action has consequences whether they are good or bad. He knew what the consequences were in this case and what would happen if he was convicted and he accepted that risk when he sold the drugs. Sorry No Guns For Felons..

 

[hammer4nc]

This site is becoming the most 'pro-felon' and 'pro-drug' site on the www.

How about all you "throw away the key" fans pledging half their income to support their prison utopia fantasy in the USA? Put up or shut up! Isn't that fair? Yeah, lets expand the def. of "felony" to cover ever more infractions...lets make sure that every dirtbag gets a long sentence... lets make sure that those who do get released will fail in society. Y'all knew full well the consequences of promoting the prison utopia; so you should be made to finance it. Start sending the checks in to your favorite warden. Those who disagree with this approach should not have to pay. OK?

 

[30 cal slob]

A lot of guys in these circumstances take up bow-hunting.

Hey, it's an alternative.

 

[jefnvk]

Lot of the drug dealers around here are violent and so are many of their customers. It's hard for me to make a blanket statement that drug dealing is a victimless crime, especially when the users are robbing people to get money

So you want to hold the dealer responsible for what the purchaser does to get money? After all, some people KNOW that people rob houses to buy guns, maybe we should shut down all gun dealers

I really hope some of you think about your arguments when you get charged with a felony for running over a seagull. Remember, you don't support felons owning guns. The guy did not hurt anyone, he shouldn't have been in prison in the first place.

 

[Bear Gulch]

.30 is right bow or muzzleoader are both legal for him to own and do!

 

[Joejojoba111]

It probably does take a stronger individual than most to turn their lives around after prison, but if they do, then they do. Tim Allen, the loveable family comic was in exactly the same situation as this guy. Where else did you think he learned that people would laugh when he got hurt?

On the other hand the whole notion that he did the crime, so he should live with the outcome makes sense too. Whether we agree with the law that selling the original secret ingredient of the most popular beverage in the world should be illegal or not, we have to admit that the impression is that the majority doesn't think it should be changed. Maybe it's because they have never actually thought about it, but the point still stands.

Then again, when the constitution mentions 'free men' I'm pretty sure it's referring to non-slaves.

And yet again when the re-elected president (probably the one before that too) has a history of using the same substance that put this guy in jail, it becomes hypocritical.

 

[TheDutchman]

WT I am getting that feeling about his place too. Felons can not own Guns he is SOL do the crime to the time

 

[kfranz]

WT I am getting that feeling about his place too. Felons can not own Guns he is SOL do the crime to the time

Which phrase of the 2nd covers that? FWIW, he did the time.

The real issue here is appropriate punishment. If you trust folks enough to let them out of prison, whats the issue with them having firearms? If you don't trust them enough to possess firearms, why are they out?