Restoring gun rights

[Pinchaser]

Sometimes, there are things that you do that affect you for the rest of your life......like it or not.

Getting someone pregnant is something that affects you for the rest of your life.

Committing a crime is something that affects you for the rest of your life.

Even if you were young and stupid..........didn't know better.......never had the opportunity.........etc. The decisions you make and the actions you take are accountable. Just because you are "sorry" now and have been good and upstanding doesn't erase those mistakes of the past.

Here is the best answer you will receive. We coddle poor conduct far too readily in our world today. It's at the core of our problems.

 

[agrizz]

I believe in second chances for most people. But felony's are felony's for a reason. They are to be avoided if one values certain rights. The excuse of a felony being non violent is not valid IMO. I think there should be something in place for persons with a (one) past "felony" (not felony's) to be able get their rights restored. Something like 10 years of not being in any trouble ect. Not sure what the new law is effective 07/01/13 But for someone with three felony's like the OP... they made their bed so they can sleep in it as far as I am concerned.

I completely agree.

 

[icky]

you do realize before 1968 this was a non issue. it was the 1968 gun control act that made it aginist the law for felons to own firearms. before that after you payed your debt to socity you could own firearms. and i still feel that it is a infringement on the 2nd amendment. so for the guy talking about al capone... if he would have gotten out he could have legaly owned firearms violent or not. and the right to self protection is a god given right not something the government hands out like a drivers license.

 

[richardraw316]

But felony's are felony's for a reason.

Felonies are numerous because jerk politicians change the definition of felony constantly. it used to be, murder, rape, molestation, and assult with a deadly weapon were what you did to get a felony. now its to much weed in the car, or you stole something of good value. and a whole bunch of other crap that people do when they are young and stupid. Tomorrow when they make speeding a felony, i bet your opinion will change then.
Freedom is restored to a citizen upon completion of his or hers penalty.
if they are allowed to walk the streets, then they should be able to own a gun. if you cant trust them with a gun, then they should still be in prison.

 

[Audie Murphy]

Felonies are numerous because jerk politicians change the definition of felony constantly. it used to be, murder, rape, molestation, and assult with a deadly weapon were what you did to get a felony. now its to much weed in the car, or you stole something of good value. and a whole bunch of other crap that people do when they are young and stupid. Tomorrow when they make speeding a felony, i bet your opinion will change then.
Freedom is restored to a citizen upon completion of his or hers penalty.
if they are allowed to walk the streets, then they should be able to own a gun. if you cant trust them with a gun, then they should still e in prison.

Well said Richard.

 

[level0]

I would have no problem with a violent felon that served their time and was deemed able to be released back into society having 2A rights. That sentence right there will probably give a few members here a stroke because we've got members that think others should be restricted simply if they don't fit WHO they think should have guns.

+1 here. All free men should have their Constitutional rights, period. IMHO he paid his debt.

 

[beararms1776]

I think some people can change. The ones that want to anyway.

 

[Trigger Time]

If you do your time then you should get all your rights and privileges back. If our society feels that a felon who served their time should not be included back as a member of society then we shouldn't let them out on the street. I believe the way former criminals are damned for life is a huge factor in them being repeat offenders. The system that is supposed to rehabilitate them actually damns them.

I'm just looking at it as a regular guy. I have no biased opinion. But as a tax payer and someone who believes in rights, it's an issue that needs fixed.

 

[TEK]

What do you guys think about restoring gun rights back to a person that had 3 D felonies but had the felonies reduced to 3 A misdemeanors and none of those convictions are violent....

as you prolly know the penalty for felon in possession is another felony and the feds are agressive about it and always looking for incarceration. so stop the forum chat about the topic, and if you are serious, hire a criminal defense lawyer who knows how to make this right. there is a process to do this right. you may have to call around a lot to find one who knows, and you will be paying hourly

 

[BehindBlueI's]

if they are allowed to walk the streets, then they should be able to own a gun. if you cant trust them with a gun, then they should still be in prison.

I think that's overly simplistic. We all instinctively understand there are levels of trust, not some black and white all or nothing. That's the purpose of work release, community corrections, etc. If someone has a DUI, they may have to have an ignition interlock device. You could say "if we trust them to drive, they shouldn't have one and if we don't trust them to drive they should still be in jail" but the fact is we want to reintegrate those criminals that we can into society and sometimes a period of restricted rights while "testing the waters" is appropriate. Its far from fool proof, but its a middle ground.

No more than you would start a new driver out in a Corvette should a recently released violent criminal automatically get the right to carry weapons again. HOWEVER, there should be some process and time limits put into place, based on readily identifiable criteria such as original crime, time passed without further arrests, etc. that will let that person fully reintegrate into society.

 

[TEK]

I have been doing some research. From what I have read, it seems I should have never been denied. If I interpreted the law correctly it says that if the conviction is a misdemeanor in the state and not punishable by more than two years than you don't lose gun rights.

If that's the case I don't understand why I was denied.

I dont know what you read but the federal standard is clear. A felony is any crime for which you can be incarcerated a year or more. that means 365 days. The state can call it a misdemeanor, and the right to own a firearm may not have been lost under state law, but under federal law it will have been lost in 50/50 states regardless.

this is confusing for some people, and there are cases where people who thought they were ok under state law got charged with felon-in-possession in federal court and they went upriver for it too.

two years is plenty of time to make it a felony under the federal rule regardless of what the state calls it.

 

[lucky3031]

Felonies are numerous because jerk politicians change the definition of felony constantly. it used to be, murder, rape, molestation, and assult with a deadly weapon were what you did to get a felony. now its to much weed in the car, or you stole something of good value. and a whole bunch of other crap that people do when they are young and stupid. Tomorrow when they make speeding a felony, i bet your opinion will change then.
Freedom is restored to a citizen upon completion of his or hers penalty.
if they are allowed to walk the streets, then they should be able to own a gun. if you cant trust them with a gun, then they should still be in prison.

+1
I completely agree here... Well said.

 

[Timjoebillybob]

I dont know what you read but the federal standard is clear. A felony is any crime for which you can be incarcerated a year or more. that means 365 days. The state can call it a misdemeanor, and the right to own a firearm may not have been lost under state law, but under federal law it will have been lost in 50/50 states regardless.

this is confusing for some people, and there are cases where people who thought they were ok under state law got charged with felon-in-possession in federal court and they went upriver for it too.

two years is plenty of time to make it a felony under the federal rule regardless of what the state calls it.

Yes the federal standard is clear, if the state calls it a misdemeanor and is punishable by a term of less than 2 years, it's legal to own a firearm. Unless of course that misdemeanor is domestic violence as defined by federal code.

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include— (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

18 USC § 921 - Definitions | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

 

[richardraw316]

http://www.youtube.com/watch?v=lRHUQ203IIc&feature=c4-overview&list=UUWJHDMgKWWvOsdyRF3HPVEw

 

[rapaport]

Felonies are numerous because jerk politicians change the definition of felony constantly. it used to be, murder, rape, molestation, and assult with a deadly weapon were what you did to get a felony. now its to much weed in the car, or you stole something of good value. and a whole bunch of other crap that people do when they are young and stupid. Tomorrow when they make speeding a felony, i bet your opinion will change then.
Freedom is restored to a citizen upon completion of his or hers penalty.
if they are allowed to walk the streets, then they should be able to own a gun. if you cant trust them with a gun, then they should still be in prison.

AMEN!!! to this quote. I PROMISE and again I repeat I PROMISE (((((ALL))))) of us have gone over the "speed limit" on the street some where! To the people that have an issue with people thats been in trouble in that past owning a gun ever, should think again. I Guarantee if you were speeding a "little" over the speed limit and did a little "GOOF UP" and clipped a car and caused a DEATH, that would put you in the SAME BOAT as the people that got caught doing something dumb as a young dumb ass long ago. But in your case it would be later in life "being a grown up" that you are in a BAD SPOT! Manslughter! How about that! So for the hypocritical people, use an (((open mind)))). We ARE ALL FELONS every so OFTEN, BUT get away with those life changing events due to luck. All from something we all do , SPEEDING a "LITTLE" over the speed limit. That has changed LOTS and LOTS of lives and caused years of prison time, good person or bad person , dosent matter who you are. We are talking about politicians making decisions on OUR lives and OUR freedom. For those that want to argue about "who should " own a gun, you are showing signs of you ALREADY under the control of the Lethal government that wants FULL CONTROL, and NOT FREEDOM! As the guy writing the post i quoted on, HE IS RIGHT! Its turning into a situation where if you "spitting on the sidewalk" will cause you to lose your rights. I can see a Violent situation being a concern but COME ON! we are talking about people losing their rights because of what most of us have done in our young lives. We ALL made mistakes. I'm saying use common sense. And for the older folks that want to argue (or younger), I Guarantee YOU did something YOU will most likely take to your grave. Take a step back and take a HARD look at this.

 

[rapaport]

If you do your time then you should get all your rights and privileges back. If our society feels that a felon who served their time should not be included back as a member of society then we shouldn't let them out on the street. I believe the way former criminals are damned for life is a huge factor in them being repeat offenders. The system that is supposed to rehabilitate them actually damns them.

I'm just looking at it as a regular guy. I have no biased opinion. But as a tax payer and someone who believes in rights, it's an issue that needs fixed.

You are Right! and Open Minded. Do we live in a FREE Country????? What is the USA???? What is forgiveness??? Why did many of my friends and family Die in WWII or the Civil War or the in revolution????????? Why do we go overseas and put OUR lives on the line??? EVERY MAN on here is coded with violence. I think the guy with EVERY assult rifle in his collection that "damns the people" that made a mistake in their lives to NOT own a gun , would be the first to pull the trigger on a human being if given the chance!!

 

[Bill of Rights]

You are Right! and Open Minded. Do we live in a FREE Country????? What is the USA???? What is forgiveness??? Why did many of my friends and family Die in WWII or the Civil War or the in revolution????????? Why do we go overseas and put OUR lives on the line??? EVERY MAN on here is coded with violence. I think the guy with EVERY assult rifle in his collection that "damns the people" that made a mistake in their lives to NOT own a gun , would be the first to pull the trigger on a human being if given the chance!!

You are sorely mistaken. If I have to shoot another human being, I am prepared to do so, but I'm nowhere near being "the first to pull the trigger". This attitude is sick, IMHO. Please get yourself some professional help, and please stop thinking you represent gun owners as a group if this is how you think.

Having the ability to do violence is far and away removed from being desirous of doing so.

Blessings,
Bill

 

[Bravo-4-2]

Like it or not, society wants those who cannot live amongst us without violating our laws and norms to be punished. If that includes losing their 2A rights, so be it. Don't want to lose your 2A rights? The answer is obvious...... Those who want to restore 2A rights to those who can all be collectively labeled LOSERS are a very small minority amongst us. May their misguided voices never be heard. I frankly get really tired of hearing the whine.

 

[Bill of Rights]

Like it or not, society wants those who cannot live amongst us without violating our laws and norms to be punished. If that includes losing their 2A rights, so be it. Don't want to lose your 2A rights? The answer is obvious...... Those who want to restore 2A rights to those who can all be collectively labeled LOSERS are a very small minority amongst us. May their misguided voices never be heard. I frankly get really tired of hearing the whine.

A small minority? Well... maybe that's the problem. See, rights don't just belong to those some of us approve of, nor are they to be given and taken at the whim of government.
As for your obvious answer, I have to ask: Are we really safer when Martha Stewart can't legally own a gun?

We can both find examples at opposite ends of the spectrum. I have yet to hear a coherent argument against a former criminal who simply does not want his former associates targeting him, being able to effectively and legally defend himself from them. If a man uses his firearm in a solely defensive capacity, why would you (generic you, not you specifically) take issue with him having it? Conversely, if he uses it offensively, I think his sentence should be "enhanced", which is to say "at a higher level of security" and for a longer period of time. I further believe such a person should serve his entire sentence; no "time off for good behavior", no bonuses for a taxpayer-funded education, if you're sentenced to 2 yrs, I think you should serve the full 730 days, and if you mess up while you're in, your sentence increases, too.

Keep in mind also that it takes a mere stroke of a pen to turn a misdemeanor into a "felony", a term that used to be applied only to the most heinous of crimes. Today, a "felony" can be charged for the wrong mark on a government form.

"What're ya in for?"

"Murder"
"Arson"
"Three counts of rape"
"I didn't check "no" on form 34j-67."

Not so sure which voices are "misguided" here.

Blessings,
Bill

 

[ModernGunner]

Don't do stupid stuff.

Ya OWN what ya DO. Forever.