Convicted Drug Dealer Seeks License to Hunt

[dloken]

I'm going to laugh if any of you "punish them for life, ooh rah hard time damn criminals" are ever convicted of a minor felony and lose your 2a rights. Don't come whining to me when the rights can't ever be restored short of a Presidential pardon.

People can change and I am a firm believer that criminals can reform. This man has been apparantly clean for the better part of two decades (hard to believe 1990 was that long ago, jesus). Felons should have their rights restored at the end of their probation (which would be long, depending on the crime i'd say 15-20 years for violent crimes)

 

[Bear Gulch]

I think that if he can pass expungment muster then he should get those rights back.

 

[atek3]

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

Hey, if you want an echo chamber with other republicans, go back to Free Republic. If you want an open minded forum with far more viewpoints, welcome to The High Road.

Sholar is the owner of Hawk Amusement Inc., a vending machine company in Alton

Seems like a menace to society to me... They should probably throw him back in jail, just in case he committed other Felonies we don't know about.

Sheesh, guy gets popped for distribution without a license of a schedule two narcotic (the same category as ritalin and percocet). LOCK EM UP... THROW AWAY THE KEY... ONCE A CRIMINAL ALWAYS A CRIMINAL.

atek3

 

[c_yeager]

The former president of Smith and Wesson used to rob banks IIRC. Technically I believe that he couldnt legally hold one of their products.

 

[DMF]

Don't come whining to me when the rights can't ever be restored short of a Presidential pardon.

Presidential pardon is NOT the only way to restore rights. The vast majority of felony convictions are on state charges, not federal and most states have mechanisms in place that will enable a convicted felon to get relief from their firearms disability. If you screwed up bad enough to get a fed felony conviction, I have no sympathy for you. Takes a lot of effort to get the attention of the feds.

http://www.atf.gov/firearms/faq/faq2.htm#a10

A10) Q. How can a person convicted of a felony apply for relief from firearms disabilities? [Back]

A. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. section 922(g).) The GCA provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See 18 U.S.C. section 925(c).) The Secretary delegated this authority to ATF.

Since October 1992, however, ATF's annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 107-67, 115 Stat. 514, which contains ATF appropriations for fiscal year 2002. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. Consequently, we cannot entertain any individual's request for firearms restoration while this prohibition on the processing of such applications remains in place.

Furthermore, the restriction contained in Pub. L. No. 107-67 does not change the status of prohibited persons. They are still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law.



(A11) Q. Are there any alternatives for relief from firearms disabilities?[Back]

A. Current alternatives as follows:

Persons convicted of a Federal offense may apply for a Presidential pardon. Sections 1.1 through 1.10 of the Code of Federal Regulations, Title 28, specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, NW., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside for information concerning any alternatives that may be available.

 

[dustind]

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

www.freestateproject.org - Liberty in your lifetime. Sorry, I had to do it.

I have seen way too many stupid felonies to really think all felons are bad. People have gotten in trouble when puddles in their back yard are labeled wet lands, or people who get in trouble when endangered snails are eaten by endangered birds on their property. Plus all of the stupid guns laws that keeping track of can become a hobby in themself are usually felonies.

I wish the guy good luck.

 

[auschip]

I have seen way too many stupid felonies to really think all felons are bad. People have gotten in trouble when puddles in their back yard are labeled wet lands, or people who get in trouble when endangered snails are eaten by endangered birds on their property.

I agree in part, by that I mean that IF he had been found guilty of one of the felonies you mention above he should get his license. However, the article said he was guilty of Conspiracy to Distribute Cocaine. In layman's terms he was a coke and/or crack dealer. A bit different then wetlands violations.

To be honest, I am not 100% on how I feel about the return of rights to felons. On one hand I see the arguement about letting them out of jail. On the other hand, if a person can go back to the same freedoms they enjoyed before incarceration where is the punishment? Is the answer to greatly increase prison sentences and not allow parole, but then allow full rights upon release? Quite a conundrum.

 

[Cosmoline]

The exact same arguments about the convicts being dangerous because they use or sell illegal drugs are used in slave states and nations to justify draconian firearm laws. If the convict owned firearms, he must have been a grave danger to the children. I know too much about the law and the justice system to belive the party line. And there's no denying that more and more crimes have been classed as felonies at the state and federal levels.

 

[dloken]

I agree in part, by that I mean that IF he had been found guilty of one of the felonies you mention above he should get his license. However, the article said he was guilty of Conspiracy to Distribute Cocaine. In layman's terms he was a coke and/or crack dealer. A bit different then wetlands violations.

Yes, but there is a huge market for drugs. People are going to use them whether they're legal or not so I really don't see the problem here. It's capitalism being restricted under moral pretenses with no real rational reason to disallow adults from ingesting substances of their choice.

 

[Joejojoba111]

auschip, wouldn't you consider the incarcerated years of beatings rape torture and constant all-encompasing fear to be a form of punishment? Sounds like a disincentive to me.

 

[thorn726]

you guys rock it

 

[scout26]

Just a few points to clarify.

LOCK EM UP... THROW AWAY THE KEY... ONCE A CRIMINAL ALWAYS A CRIMINAL.

Never said that. In fact I'm gald to hear that he has turned his life around and is a contributing member of society.

He did not get busted for "possession" or having a toke or two but CONSPIRACY TO DISTRIBUTE. That means more than one person involved and more than just for "personal use". I also seriously doubt he got nailed because Cheif Wiggim overheard him at the diner say to his friends "Hey guys, I bet we could make a lot of money if we bought a bunch of cocaine and then re-sold it, whadda say". "Oh, no you don't, you're under arrest." I also seriously doubt that this was his first time attempting to import without a license.

The whole drugs are "victimless crime" argument.

I've heard that insurance fraud is a "victimless crime", Prostitution is victimless crime. If there are no vicitms why don't you move to the west-side of Chicago and make that argument. All kinds of (drug) money coming into the area, and it's all going up peoples noses and in their veins, while families are destroyed and community looks like Berlin on 10 May 1945. Why don't you come to work with my wife. She's a NeoNatal ICU Nurse at the University of Chicago Hospital. I dare you tell her that drugs are a victimless crime, as she nurses a baby who's been born addicted to crack, heroin or cocaine.

If you don't trust them enough to possess firearms, why are they out?

I have seen way too many stupid felonies to really think all felons are bad. People have gotten in trouble when puddles in their back yard are labeled wet lands, or people who get in trouble when endangered snails are eaten by endangered birds on their property.

I never said that don't trust them with firearms. Part of the punishment is the loss of certain rights, like the rights to vote and possess firearms. That's part of the deterrent factor. As I said "Por encourger les autres". "Do I really want to gamble and lose my rights ??" If you have shown that you are not a responsible member of society, you can't play by the rules, therefore you are not allowed certain rights. (One of the basic tenets of civil society is that "With Rights come Responsiblities.") You act irresponsible, you lose certain rights. This does not fall under the "Stupid Felony" clause, like filling in a hole in your back yard that some bureaucrat said is a "wetland" . This was a deliberate act that he knew was illegal and also harmful to others.

You want to work to legalize drugs, be my guest. You won't have my support. But just don't expect me to give you a job, shoot on the same range with you or provide you any financial support (aka, welfare, etc.). But in the mean time they are still illegal. They are illegal because they are so addictive. I've seen what happens to people, it alters your brain chemistry and takes over your life and all they think about is their next high. I once worked for a guy who had it all, wife, kids, his own very successful business and lost it all because he just needed one more snort of coke. Tell his widow and his kids that drug use is a victimless crime.

 

[scout26]

In Illinois, he can still bow hunt, but Muzzleloaders are out of the question.

 

[Chris Rhines]

He did not get busted for "possession" or having a toke or two but CONSPIRACY TO DISTRIBUTE.

All that means is he got caught with some amount of coke over and above what the powers-that-be consider acceptable for personal use. It doesn't mean that he sold any. Not that selling cocaine should be a crime.

The whole drugs are "victimless crime" argument.

There is no such thing as a victimless crime. In order for an act to be properly considered a crime, there has to be someone harmed by it. The use of drugs does not fall into this category. Using drugs does not directly harm anyone other than the user.

Yes, yes, I do understand that drug use can be a contributing factor in crime. Property crimes, child neglect, domestic abuse, etc, etc. Heard and understood. Now, that's a good reason to discourage drug use in your community. It is not, not, NOT a good (or morally acceptable) reason to make illegal a voluntary transaction between two consenting adults. Same goes for prostitution, since you brought that up.

- Chris

 

[FunGunner]

Criminals would ignore the law and hunt anyway. Sounds like this guy is honest enough to go through the system to get that right back.


I say give it to him.

 

[Jeff White]

Update

Well it looks like he's dropped his appeal:
http://www.stltoday.com/stltoday/ne...4BA3F92E3C2DA56B86257013001305EC?OpenDocument

Former inmate drops his petition to own a shotgun
By Paul Hampel
Of the Post-Dispatch
06/01/2005

An Alton business owner with a felony drug conviction has dropped his court petition for a waiver that would allow him to own a shotgun for hunting.

Richard Sholar, 48, had been turned down twice since last year by the Illinois State Police after he filed requests for an Illinois Firearm Owner's Identification Card.

In filing the requests, Sholar claimed to have turned his life around since he was convicted in 1990 of conspiracy to distribute cocaine. Sholar served a 30-month sentence for the crime.

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


The Madison County state's attorney's office said Sholar dropped his appeal on Friday.

Sholar declined to explain his reasons for dropping the appeal when asked by a reporter Tuesday.

Sholar is the owner of Hawk Amusement Inc., a vending machine company in Alton. His 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.

Sholar's waiver appeal received support in letters sent to police officials 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.

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

 

[Flyboy]

DMF:

If you screwed up bad enough to get a fed felony conviction, I have no sympathy for you.

OK, so let's try a hypothetical situation. A relative has a gun collection. Nothing too impressive, just a couple of dozen. He wants to give them to you, but you live in a different state. On your next visit out there, he offers to let you take them, and you do. It never occurs to you to go through an FFL. You don't see anything wrong with this, and neither does he--they're his property, after all. Except--oops!--the Feds decided that you can't give your own property to people on the wrong side of a geographical line. And, if you haven't tried to buy a gun out-of-state lately (or are otherwise up on the law), you're not likely to see anything wrong with this. It's not exactly common sense or common knowledge.

But you're still boned with a couple dozen counts of a federal felony. The point is, there are an awful lot of "paperwork felonies," and blanket, catch-all statements like yours don't recognize the reality of the situation. Matter of fact, give me enough time to look through the federal statutes (OK, me, and a staff of several other people), and I'll bet we could even find one or two on which to convict you.

(Bonus questions: 1) How would the situation be different if your relative died and willed the guns to you. 2) Which is likely to get you a longer prison sentence: murdering the relative, or 25 federal gun felonies?)

 

[Flyboy]

Scout:

I've seen what happens to people, it alters your brain chemistry and takes over your life and all they think about is their next high. I once worked for a guy who had it all, wife, kids, his own very successful business and lost it all because he just needed one more....

I'm sorry, are you talking about cocaine, or (perfectly legal) alcohol?

War On (some) Drugs, indeed.

 

[joab]

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

It happens and with your attitude being the overwhelming attitude in America that makes the turn around all the more impressive

Do the crime, do the time, start over.

 

[O.F.Fascist]

Did he kill or otherwise assault anyone?

If not then I think he should get his rights restored.

Its stupid that people can become felons for merely participating in the capitalist system that our nation is supposed to promote.

Werent a bunch of our founding fathers smugglers and whatnot too?

 

[Mr. X]

If you screwed up bad enough to get a fed felony conviction, I have no sympathy for you.

Wasn't there a developer in MI or WI who allegedly violated some Wetlands Protection Act by filling in a soggy spot a few years back, thus perpetrating a GASP felony? Truth is there's plenty of chicken???? on both state and federal levels to make me question the validity of any non-violent felony conviction.