Convicted Felon Tests Second Amendment

Status
Not open for further replies.
Murderers, sexually violent predators, armed robbers, kidnappers etcetera should not be free. Anyone who intentionally or knowingly causes the death of another human being with malice aforethought and without justification should be provided with competent counsel and a fair trial. Upon conviction he should be executed. Period. The same for violent predators who rape and sodomize children. Other extremely violent criminals should be confined for life or for multiple decades in maximum security.

The average amount of time actually served upon a conviction for murder in the United States is 5 1/2 years. The average amount of time actually served upon a conviction for forcible rape in the United States is 2 1/2 years. In my opinion there is nothing unconstitutional about denying a person convicted of a felony their right to bear arms. The problem is that we have watered down what constitutes a felony. You used to have to commit a serious crime to earn the designation. Not anymore. The problem here is what is being labeled felony crime v. misdemeanor crime. The bottom line is that if a court, having rendered a constitutionally correct and just verdict, can sentence you to death, thus depriving you of your right to life, it can certainly deprive you of your right to keep and bear arms. It may be ineffective to let a murderer out of prison and tell him not to buy guns anymore but it isn't unconstitutional.

Perhaps if we ceased to confine so many people for possessing narcotics and other drugs we could keep hardcore convicts where they belong. Were that to occur, this debate might well be rendered moot.
 
Another vote for Zoogster. If we can't trust someone with a gun in society, we can't trust them at all.

If you're released from prison (or off of parole/probation), you're free.

Don't get me started on the problem of people who aren't in prison, but should be...
 
rocinante said:
Get a felony conviction for crimes against persons lose your 2nd amendment right for a long long time. Prove rehabilitation then legally petition for restoration. That is the way it works now isn't it?
As NukemJim posted, that is not how it works. That's how it reads in the books, but if the program isn't funded and hasn't been operational for many years -- it ain't working.

The larger question, though, would be "Is that the way it's supposed to work?" And my answer would be "No.

I'm an oldster. The way I was taught when growing up, people are sent to prison for committing crimes. When they have "paid their debt to society" they are released from prison. If they have paid their debt, why should they have to beg a non-functioning system to have their rights restored? IMHO, their rights should be restored the day they walk out of prison (or, in the event of parole, the day they complete the parole). No petition needed.

Don't trust him with a gun? Don't let him out of prison.
 
On this issue I only desire that the 2nd be treated like all others. If the Felon gets his 1st, 3rd, 4th, 5th, etc back then it is only fair that he receives his 2nd also. Would anyone here argue that a convicted felon loses his freedom of religion or his freedom of speech or his right not to be searched without PC or what passes for it now. I also agree that this could muddy Heller but since I expect a very narrow decision on Heller anyhow it probably won't affect it. IMHO I think at best the Supreme Court will come down on the side of the 2nd being an individual right with some government limitations acceptable much like the 4th you have a right not to be searched without a warrant unless it is extigent circumstances, or the evidence would have inevitably been discovered if the police had waited for a warrant or one of the many other ways to get around the search warrant requiredment. I am pro police but I fear if that is the ruling on the 2nd that it will be as a defense attorney friend of mine said recently "The 4th is dead, they have exceptioned it to death."
 
For all intents and purposes, everyone has these certain inalienable rights. One does not loose his right to a trial just because he has committed a crime and been found guilty of a felony. The same holds true for any other right.

At any rate, DennisRyan has been certified safe to roam free in society by the government(released from prison), and should not suffer any infringements upon his rights. As has been stated here many times, if the likes of DennisRyan are not safe to be released upon society, his ilk should be kept in prison until save to return to society. Period.

Woody
 
DennisRyan, at the present time, the Federal Government does NOT prohibit felons from hunting with muzzle-loading firearms. However, it varies from state-to-state if there are local prohibitions.

It looks like Nebraska has prohibited convicted felons from hunting with muzzle-loaders. If you have moved to another state, you may wish to check into local laws.
 
Status
Not open for further replies.
Back
Top