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Felons with Firearms (law specific ?)

Discussion in 'Legal' started by Starcheck55, Feb 1, 2011.

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  1. Starcheck55

    Starcheck55 Member

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    I'm in the middle of an argument with an anti who is hopping mad about how there should be a federal law that punishes felons for being in possession of a firearm. :banghead:

    I told him that there IS such a law, but because I don't have all the US federal law memorized yet, he is thoroughly unconvinced. Any internet lawyers out there that can help with the statute and possibly the language of the federal rule?

    Thanks guys!
     
  2. Sam1911

    Sam1911 Moderator

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  3. Starcheck55

    Starcheck55 Member

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    18 USC 922 (g)(1)

    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

    thanks again...the anti is fuming :fire::fire:
     
  4. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Keep them fuming. He's probably mad because he feels like he's been lied to by anti groups and the media. And he's right.

    Keep showing facts and calm, you'd be surprised how many turn our way when they see the truth.
     
  5. elnonio

    elnonio Member

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    Even then, the term felon is too broad (in my view) to disqualify one from fierarms ownership. There are many offenses punishable by jail for 365+ days, white-collar type crimes that do not involve violence. Medicaid fraud may be one that could hit close to home on many gun boards, for instance, mortgage fraud, mail fraud also come to mind. My point is, not every felon is necessarily the kind of person that should have all rights (including 2A) removed.

    Notice that what matters is not whether one was sentenced to 365+ days in jail, but only whether a sentence of 365+ days was *possible*, hence the use of punishable instead of punished. In other words, if one is convicted of Medicaid fraud for a series of claims, but the judge recongizes that there was a certain degree of error in the fraud, and adjudges 1 day in jail, it's a felony conviction.

    In the military court system, we still have heated debates over this, since a Special Court-Martial is capped at 1 year confinement, whereas General Courts-Martial are not. But, the same offense can be tried under either type; for those offenses that the UCMJ says are punishable by more than one year, should the court jurisdiction trump the maximum punishment listed in the UCMJ when advising clients whether they have to report convictions as felony convictions? Discuss...
     
  6. mstrat

    mstrat Member

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    Agreed. If you avoid an argumentative tone, and make it clear you're just trying to present the facts, a lot of former-antis can realize that guns and gun laws aren't the problem.
     
  7. Sam1911

    Sam1911 Moderator

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    Let's say that the OP's question has been answered. I'd suggest you make a new thread specifically exploring the question you've raised, as it is separate from, and a lot more controversial than, the topic at hand here.
     
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