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SC: A Felon Has Rights to Self Defense
Gun Watch ^ | 1 May, 2016 | Dean Weingarten

Posted on 05/11/2016 3:47:00 AM PDT by marktwain

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Just because a man has committed a crime, it does not mean he is no longer human. There needs to be a clear path to restoration of rights. A path exists in most states, but is often extremely difficult and tends to be quite costly.
1 posted on 05/11/2016 3:47:00 AM PDT by marktwain
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To: marktwain
Maybe there are varying degrees of truth to this, but I can tell you now - any person who has committed a crime with a firearm has no friggin right to carry one ever again for the simple reason that they have shown a lack of judgement in the extreme once, and are likely to again.

Now, a felon in a "white collar crime" might be a different story - and especially someone who was set up and convicted by BATF&E is not likely to commit a violent crime with a firearm - but there have to be some limits to any discussion and not just "Felons deserve..."

2 posted on 05/11/2016 3:58:56 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: marktwain

I agree. If the courts in all their wisdom lets a guy back on the streets, that should be it.

I would make the caveat that violent felons should be tried and the. executed.


3 posted on 05/11/2016 4:01:30 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: marktwain

They can rot in prison, or they can accept limited rights as part of the conditions for release.

Here is a thought: don’t commit felonies.


4 posted on 05/11/2016 4:05:54 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: marktwain

Progressive Thinking 101:

1) Law-abiding citizens should not have guns
2) Convicted felons should have guns.


5 posted on 05/11/2016 4:17:07 AM PDT by ClearCase_guy (Nation States seem to be ending. The follow-on should not be Globalism, but Localism.)
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To: MrEdd

Yes that is the way it works now. We can likely make improvements.


6 posted on 05/11/2016 4:21:18 AM PDT by marktwain
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To: marktwain

The RKBA doesn’t exempt felons, or anyone else.


7 posted on 05/11/2016 4:22:08 AM PDT by arthurus (Het is waar. Tutti i liberali soli o feccia.)
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To: marktwain

On the other hand, felons generally go right back to what they do best once released.


8 posted on 05/11/2016 4:22:27 AM PDT by GingisK
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To: grobdriver

How do you derive that from the RKBA? Explain simply or with nuances how “the right to keep and bear arms” allows for the denial of the right to keep and bear arms to felons? If the exemption comes from the “it’s only reasonable” clause,” explain just where that clause is in the Constitution?


9 posted on 05/11/2016 4:29:34 AM PDT by arthurus (Het is waar. Tutti i liberali soli o feccia.)
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To: marktwain
when this country was founded, the RKBA was denied murders simply because they were put to death

now they do <20yrs and are back on the streets

10 posted on 05/11/2016 4:47:31 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - Luke, 22:36)
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To: arthurus

Felons lost their rights including the RKBA when the US Court syste4m found them GUILTY of a felonious offense. It is the law.

This progressive push to give everyone a “do-over” is BS. It is no secret you decide to ignore the law and you are in line to give up your freedoms. Another little fact progressives ignore is that felons NEVER get caught on their first offense. By the time the system gets them, they have committed dozens of crimes that were never attributed to them. So they aren’t just being punished for the one offense, but for the dozens that they did also.

“Don’t do the crime if you can’t do the time”.


11 posted on 05/11/2016 4:50:43 AM PDT by wrench
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To: MrEdd
Here is a thought: don’t commit felonies.

Absolutely. Actions have consequences. Well, they did when I was a kid.

12 posted on 05/11/2016 4:52:48 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: wrench

From a strictly Constitutional standpoint, denying a felon the right to own guns is a violation of his Second Amendment rights. Nowhere does the 2A qualify that right; indeed, its language is “shall NOT be infringed.”

My argument does not take into account precedent or “reasonability.” It is put forth from a purely Constitutional perspective.


13 posted on 05/11/2016 5:13:28 AM PDT by IronJack
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To: marktwain

what exactly is a non-convicted felon ? Bill Ayers ?
felons are allowed to have guns ?
What next, they get to vote ?
America, what a country.


14 posted on 05/11/2016 5:15:21 AM PDT by stylin19a
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To: arthurus
How do you derive that from the RKBA? Explain simply or with nuances how “the right to keep and bear arms” allows for the denial of the right to keep and bear arms to felons?

So all the gang-bangers in Chicago that have violent felony rap sheets a mile long should be allowed to legally carry weapons once they're released from jail?

On what planet?!

15 posted on 05/11/2016 5:23:30 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: MrEdd
Here is a thought: don’t commit felonies.

Bears repeating.

16 posted on 05/11/2016 5:24:26 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: MrEdd

I agree, with the exception/reservation that many felonies really should be misdemeanors. “Felony” should be reserved for crimes of actual & grave harm, not paperwork/regulatory transgressions (say, cutting a shotgun barrel 1/2” too short).


17 posted on 05/11/2016 5:27:12 AM PDT by ctdonath2 ("Get the he11 out of my way!" - John Galt)
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To: arthurus
Well, I have to wonder if the founders would have taken a person found guilty in a violent crime using a firearm and let them out of prison in 6 months on "good behavior".

There were different expectations then, and different ways of dealing with the lawless, and you're right - no such action as barring gun ownership would probably have been taken - the perp probably would not have either been free to recommit, or able to.

If I were king I would no more allow a convicted violent firearm offender legal access to a gun as allow a convicted pedophile/child abuser operate a day care center.

I wonder what opinion the founders would have of that?
My guess is, such an offender wouldn't be around to ask the question.

18 posted on 05/11/2016 5:29:43 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: arthurus

It’s derived from the principle that incarcerated felons have no rights: society has decided that in lieu of prolonged incarceration, we’ll let some out so long as they agree to certain rights-limiting terms (like “no guns”). The alternative is lifetime imprisonment on “too dangerous to let out” grounds, which is perfectly acceptable under the Constitution.

To wit: we can lock them up forever if you’d rather.


19 posted on 05/11/2016 5:33:03 AM PDT by ctdonath2 ("Get the he11 out of my way!" - John Galt)
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To: grobdriver

So you believe that the changed situation necessitates changing the Constitution by interpretation to fit the changed times? That way lies rendering the Constitution meaningless altogether and is how we got where we are now. It doesn’t matter who carries a gun. The law does not affect whether a felon carries a gun. It only punishes him unConstitutionally if he is caught with a gun and does not deter. If the felon uses the gun feloniously that is the crime and is punishable under the Constitution. It is like adding Hate to a crime. What does that accomplish beyond making people feel good? Does it deter hatred? NO. Stripping a felon of his RKBA is merely piling on. You don’t like the guy so he shouldn’t be allowed to carry or to engage in self defense. If his attacker kills him because he doesn’t have a gun well that’s his just deserts, right? You don’t like the RKBA? then work to get it Amended out of existence or to add whatever exceptions you prefer.


20 posted on 05/11/2016 5:40:29 AM PDT by arthurus (Het is waar. Tutti i liberali soli o feccia.)
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