Felons in Kentucky

[TheIrishJedi]

I work with a fellow who is a convicted felon. They let him out everyday to come to work or attend classes at the local university. He was convicted of burglary and robbery of some bangers house. He is actually one of the few felons who I think will turn their life around and do something with it, but I digress.

Anyway, he is an avid fan of firearms and was telling me that in 5 years his rights will be restored and that he can own firearms again. True?

 

[Tim the student]

Maybe, I know in Iowa they can petition the state government to have their voting rights restored after they have completed their sentence. Different states do things differently, so I think there is a good possibility that he may be able to.

 

[jaholder1971]

70 percent of all felons will offend again.

Sounds like he's on work release/halfway house. A felon will say and do anything to get back out on the streets one way or another. I'd never trust the word of a known felon.

I'm sure I will offend those who embrace these dirtbags as there are a small minority that believe that they deserve RKBA, but I've yet to see any of these folks offer to house them or trust them with their wives or daughters.

 

[alsaqr]

Anyway, he is an avid fan of firearms and was telling me that in 5 years his rights will be restored and that he can own firearms again. True?

That convicted felon is full of it.

70 percent of all felons will offend again.

Sounds like he's on work release/halfway house. A felon will say and do anything to get back out on the streets one way or another. I'd never trust the word of a known felon.

I'm sure I will offend those who embrace these dirtbags as there are a small minority that believe that they deserve RKBA, but I've yet to see any of these folks offer to house them or trust them with their wives or daughters.

Good post.

 

[GRIZ22]

Anyway, he is an avid fan of firearms and was telling me that in 5 years his rights will be restored and that he can own firearms again. True?

Don't know what the state law is in KY but he won't have any firearms rights under federal law.

I listen to Don Imus on the radio during the AM drive time. He used to get calls from prisoners in Riker's Island. Imus would ask what they were doing time for. All the prisoners would say "they said I....(fill in the crime)". Imus made a point of "Why do all you guys say they said I did? Apparently no one did anything to get locked up."

 

[iiibdsiil]

70 percent of all felons will offend again.

I'm guessing that there aren't too many of us non-felons that haven't actually committed a felony more than once.

 

[armoredman]

BATFE has sole authority to restore forearms rights, and they've been defunded from doing so.

 

[jaholder1971]

I'm guessing that there aren't too many of us non-felons that haven't actually committed a felony more than once.

Committing a felony and being a felon are two different things.

You're only a felon after you've been convicted of one by trial or waived your right and admitted your guilt to a judge.

Please, folks, try to understand this!!!!!!!!!!!

 

[JImbothefiveth]

I doubt it. I think it's illegal even in Kentucky. Not sure I'd tell him though, if he has a goal to work towards it might make it easier for him to stay away from crime.

70 percent of all felons will offend again.

I think that the majority will be taken to jail again, and then there are those who will commit crimes and not get taken to jail, so I wouldn't doubt that.

 

[kingpin008]

70 percent of all felons will offend again.

Cite please.

 

[Dark Skies]

Some thirty percent do turn their lives around though. Like actor Danny Trejo.

Also actor / producer / author Edward Bunker.

 

[kingpin008]

That may be, but I'd still be interested in a citation from a reputable source to back it up.

 

[ScottG1911]

lol do we really need to cite every little thing, ffs it's common knowledge. are you going to have a fit if it's 68% or 71% ???

 

[ar10]

If any one is actually interested you can google the word "recidivism" which returns 1,600,000 hits. I'm sure you can find some accurate and/or inaccurate statistics on repeat felony offenders.
As far as the OP's question goes. It won't happen unless someone else admits to the crime. The Robbery alone (Act of Violence) would eliminate him on both the state and federal level.

 

[Ditto_95]

Non violent felons can petition the court for the right to vote and the right to own firearms.
It all depends on the reaso they were convicted.
I will cite as soon as I find out which one.

 

[ar10]

Ditto:
No robbery is NOT a non-violent felony.

 

[kingpin008]

lol do we really need to cite every little thing, ffs it's common knowledge. are you going to have a fit if it's 68% or 71% ???

Typically, when we choose to present a statement as fact, we need to be able to back up that statement with proof that it is indeed factual. It's got nothing to do with me having a "fit".

And if it's such common knowledge, it shouldn't be a chore to post a single cite supporting it, right?

 

[JImbothefiveth]

No robbery is NOT a non-violent felony.

So all robberies are non-violent felonies? Even when force and the threat of death is used?

 

[isp2605]

Typically, when we choose to present a statement as fact, we need to be able to back up that statement with proof that it is indeed factual. It's got nothing to do with me having a "fit".

And if it's such common knowledge, it shouldn't be a chore to post a single cite supporting it, right?

It is "common knowledge" for those of us in the career field. Anyone doing stats for DOJ or other state agency has seen the numbers. Since you haven't or don't know where to look, DOJ has all those numbers as does every CJ course in the nation...
http://www.ojp.usdoj.gov/bjs/crimoff.htm

The actual recidivism is about 67% nationwide within 3 yrs of release. Some states it's higher. Wherever jaholder1971 is located it could very well be 70% or higher. The percentage also goes up if you stretch the time past 3 yrs.

Just because a felon thinks he's going to get his rights restored doesn't mean it will happen. It's not all that common really. There's a lot more to expunging a record and restoring rights than just because some felon wants to to be so. One thing prisons do to people is it tends to make good BS artists out of them.

 

[kingpin008]

isp2605 - Thanks for the link.

To be clear, my intent wasn't to say that the info wasn't true - I was merely trying to point out that if one is stating something as fact, they should be willing to back it up with factual information.

We in the RKBA community routinely call out the anti's for not citing facts in their arguments against guns, and it bothers me that when it's one of our own stating something as fact, it's roundly accepted even if the poster doesn't offer citations to back it up.

The standards should be the same, is all I'm saying.

 

[DMF]

For those claiming that it is impossible for a felon to have their gun rights restored, such as this comment:

BATFE has sole authority to restore forearms rights, and they've been defunded from doing so.

That quote is not accurate. ATF has the authority to under statute to grant relief from firearms disabilities, but has been prevented from spending any money to process applications for relief from firearms disabilities. HOWEVER, that is NOT the only way a felon can have their rights restored.

Persons convicted of Federal crimes may seek a presidential pardon. Persons convicted of State crimes can seek relief from their state of conviction.

http://www.atf.gov/firearms/faq/faq2.htm#a7

http://www.atf.gov/firearms/faq/faq2.htm#a8

"(A8) Are there any alternatives for relief from firearms disabilities? [Back]


A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 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, N.W., 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 and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.

[18 U.S.C. 921(a)(20) and (a)(33)]"

However, as I've advised before, don't take my word for it, or the word of anyone else on this forum. If this is more than a hypothetical discussion you should seek the advice of a competent attorney with experience in the applicable federal, state, and local firearms laws.

 

[chris in va]

I know a guy that was convicted of a felony about 4-5 years ago and sent to prison for two years. He's now talking about getting it expunged so he can start packing a 10mm again.

 

[Tim the student]

I'm sure I will offend those who embrace these dirtbags as there are a small minority that believe that they deserve RKBA, but I've yet to see any of these folks offer to house them or trust them with their wives or daughters.

I understand where you're coming from, but I think its a mistake to lump all convicted felons as "dirtbags".

One of my best friends is a convicted felon. When we were 19, he punched a guy that had beaten up his 14 year old brothers a couple of days prior. Oddly enough, he didn't even start the fight, the other guy did. The other guy (aka 20 year old drug dealing dirtbag non felon) got knocked out by that one punch, and fell and hit his head against a curb, causing brain damage. My friend was convicted of willfull injury, and spent some time in prison. I trust him much more than I trust anyone else on this board - I've known him for more than half my life, whereas I don't really know anyone on this board. He is a felon, and I'm assuming almost all of the people aren't felons on THR, and yet I trust him more than everyone else here.

PS - I would in fact welcome both Scooter Libby and Martha Stewart into my house, and even to be alone with my wife. I don't see them as big threats to anyone's personal safety.

 

[Ditto_95]

Ditto:
No robbery is NOT a non-violent felony.

AR10: I never stated that it wasn't.

 

[Travis Bickle]

Anyway, he is an avid fan of firearms and was telling me that in 5 years his rights will be restored and that he can own firearms again. True?

I believe he may be referring to Kentucky's prohibited possessor statute. Some states' prohibited possessor statutes are considerably less restrictive than the federal prohibited possessor statute and state and local police generally show very little interest in enforcing the federal statute. I've never heard of a single case where someone was arrested just for being in violation of the fed PP statute; that statute is always invoked as an add-on after a person violates some state law (often it will be the state PP statue that they get arrested for violating.)

Anyway, If Kentucky's prohibited possessor statute says he can own guns in five years, then for all practical purposes, he can (provided he can find a private seller that's willing to sell to him.)