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Felons' Gun Rights at Issue at High Court
Legal Times ^
| 10-03-2002
| Jim Oliphant
Posted on 10/03/2002 8:17:10 AM PDT by Atlas Sneezed
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To: TheDon
Prior to the Gun Control Act of 1968, there was no federal prohibition on possession by felons who had served their time. This was not true in all the states of course, but that was when the federales decided that "one strike and you're out" was great public policy when it came to owning the tools of self defense.
21
posted on
10/03/2002 9:45:18 AM PDT
by
El Gato
To: Oberon
In other words, a bureau of political appointees should not be required to be answerable to a federal court? I don't like that precedent one bit. If you don't like that precedent, what do you think the Supremes would think of it? Think they would agree to such a thing? No way.
I think the DOJ purposely chose this case because they KNEW that they couldn't win it. If the Supremes decide to hear this case, there is essentially no chance that they will find that they don't have the right to review BATF activity or inactivity, especially when the BATF actions are based on foreign law. The Supremes will then have opened the door to let every two bit judge in every town restore gun rights based on judicial review.
"bad cases make bad law," goes the saying. In other words, particularly compelling fact patterns can cause courts to issue rulings that they might not have otherwise issued. Those rulings then become precedent, and change the law.
I think the DOJ is on the pro-gun rights side on this, and they're just playing a game to advance gun rights. Too bad Mr. Bean has to get caught in the middle.
To: Beelzebubba
Now its hard enough for us non felons to own firearms, and the law already gives us enough problems from gun grabbers, but keep this is mind, if this guy wins his case, it will make it easier for us. I hate to do this, but I feel we have no choice but to back him up. If even a convicted felon can recieve a licience to sell firearms, then it should be much easier for a non felon to buy them.
23
posted on
10/03/2002 9:59:18 AM PDT
by
Sonny M
To: RicocheT
"I know the Constitution is for all of us..."You sure don"t sound like it. There is no gray area in the 2nd amendment. Like it or not, once a felon has paid his debt to society by serving his sentence and making whatever restitution is required by his sentence, then his rights should be restored...all of them.
I don't disagree with you philosophically, but if we don't uphold all of our rights, to the letter, it will lead to the kinds of "living document" interpretation that has gotten us into this mess in the first place.
To: Beelzebubba; TheDon
If they can't be trusted with guns, they can't be trusted in society, since the recidivists WILL get guns if they want to.There is no good reason to deny them the right to self defense.
Agreed, with one provision:
If a convicted felon regains his RKBA and is later convicted of ANY firearm related crime, he receives the death penalty .... no appeal ..... no exceptions.
26
posted on
10/03/2002 10:07:29 AM PDT
by
Mo1
To: wardaddy
Ping.
To: wcbtinman
The rationale is that lifetime suspension of firearms rights is part of the required payment of debt to society. I think this would be justified if all "felonies' were actually serious crimes. But you can get a felony conviction these days for doing the wrong kind of jaywalking.
To: Travis McGee
This should be interesting. I'm not sure whether to believe DOJ has their hands tied on this one or not.
29
posted on
10/03/2002 12:05:36 PM PDT
by
wardaddy
To: Freebird Forever
I agree wholeheartedly with that statement.
One strike after getting out and your toast.
If you are an ex-felon, and you commit a crime with a gun, you are TOAST!! PERIOD!!
The 2nd amenedment applies to ALL persons, and if you have payed your debt to society, your rights should be restored.
30
posted on
10/03/2002 12:18:09 PM PDT
by
Aric2000
To: Freebird Forever
Like having a bayonet lug on his rifle? How about just obeying the law for a change... " the right of the PEOPLE to keep and bear ARMS, SHALL NOT BE INFRINGED". That means ALL of the people, ANY arms, and no infringements AT ALL!
Molon Labe !
To: sinkspur
Before the high court, the Justice Department has taken the stance that a federal court holds no power to make the determination that a felon can regain gun privileges. Are you always so pleasant?
32
posted on
10/03/2002 2:22:14 PM PDT
by
m1911
To: RicocheT
I'm not going to bat for a convicted felon. Then you'll never go to bat for a 2nd Amendment case. If you haven't been convicted, you can't challenge the law.
33
posted on
10/03/2002 2:24:06 PM PDT
by
m1911
To: Freebird Forever
"If a convicted felon regains his RKBA and is later convicted of ANY firearm related crime, he receives the death penalty .... no appeal ..... no exceptions."
I hope you mean violent crime, and not merely having the wrong buttstock installed on his rifle or another one of the growing tide of "firearms-related crimes."
To: RicocheT
If a felon can't be trusted with a gun they should never be let out of prison.
35
posted on
10/03/2002 7:46:41 PM PDT
by
Ajnin
To: Blood of Tyrants
Bean was convicted of a felony in a foreign country for a practice that is perfectly legal here. Oh,there are people in federal prisons now who have even less reason to be there than Bean. Did you know that in some states it is legal for a former felon to possess firearms? Did you know that thanks to the NRA and their RINO friends (Project Exile),the feral gooberment is now prosecuting these people who are otherwise totally legal under federal regulations that make them felons? The feds are even hiring additional prosecutors to handle the increased work load,and Bubba-2 has increased their budget so they can do this hiring.
To: wcbtinman
I don't disagree with you philosophically, but if we don't uphold all of our rights, to the letter, it will lead to the kinds of "living document" interpretation that has gotten us into this mess in the first place. You're right. The truth is it's not even about guns or gun rights. It's about the rights of individuals,period. NO government has the moral or legal right to deny someone the basic human right of self-defense. Is a former felon's family less worthy of being protected than your family? Is his life any less valuable to him than yours is to you?
To: Freebird Forever
If a convicted felon regains his RKBA and is later convicted of ANY firearm related crime, he receives the death penalty .... no appeal ..... no exceptions. I agree. If he forgets and walks into a bank or post office with his gun,or he has a rifle in his trunk when he's stopped for speeding or drunk driving,he and his whole family should be immediately executed. (sarcasm)
What's with you people who want the type of tool used to have any effect on crime punishment? You sound as bad as the gun-grabbers. Is a man beaten to death with a shovel any less dead than one shot with a gun?
To: RicocheT
It's hard enough to preserve Second Amendment rights for non-felon citizens, I'm not going to bat for a convicted felon. The definition of "felony" has been extended to the point of incredulity. Consider how many are labeled "felons" for the simple practice of exercising their consitutional and natural right to keep and bear arms? In other words, if you exercise your right to keep and bear arms, except as specifically proscribed by a bewildering blizzard of federal and state laws, then you are a felon. My opinion is this: if ones does not support 2nd Amendment rights for this gentleman, then one does not support the 2nd Amendment, period.
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