I believe that the topic of discussion needs to revolve around the way we as a society render punishment and enforce law and order. In short, if we put individuals IN JAIL then they are unable to utilize firearms while incarcerated and they should be undergoing rehabilitation. If upon release they are not safe to society then we have a separate problem with our penal system, BUT this cannot be the excuse to forbid released felons from owning firearms. The greatest purpose of the second amendment is to serve as a check and balance against tyrannical government. Tyrannical government is something the left regards as an archaic and outdated fear, but for any student of history and anyone who believes in the cyclical nature of the world understands the very real possibilty of government getting to comfortable with power. The process of course that governments typically take to usurp power is a gradual one. This way, in times of peace we accept greater presumed "security" by not allowing "felons" to own firearms. The problem would only become realized when individuals who once may have only been commiting minor misdemeanors all of sudden become felons in the governments eyes in order to "preserve security." This very real (but also very gradual) tool of government control should be fought on every level each and every day.
NRA Life Member
They gave up their right to own guns the day they committed the felony. Gun violence is killing our young that obtain guns so easily. They take them to school.
It is a very complex issue. However, Felons toting guns is not the answer to anything. With the recidivism rate over 65% there is a great chance that felon owned gun will be used in a crime.
I was arrested for possession of something the BATF claims I needed a permit to own. I was not charged with a violent crime or crime against another person or property and only received 5 years probation. So since I don't have the right to defend or protect my person/property/family like anyone else subject to be a victim of a crime, I feel the state/fed gov, should be responsible for all losses incurred as a result of being victimized. Especially since I have no choice as to how to defend/protect myself or family or my property. I can’t rely on the LE as it may take them up to 2 hours to show up depending on where they may be in the county or weather conditions. Prior to 1994 we could apply to the BAFT for restoration of firearms rights but that option went out the window upon the passing of the Brady Bill. If we serve our time and are supposed to be rehabilitated enough to be safely returned back out into society (if you served jail/prison time),and are not on probation/parole then all rights should be restored in full. If there is any doubt as to the character of the ex-felon then it should be the local sheriff that decides whether or not to issue a permit to own/possess firearms. Not some bureaucrat hundreds or thousands of miles away.
The US Constitution does not say “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed, unless you have been convicted of a felony”. It ends with “SHALL NOT BE INFRINGED” and even denying a rehabilitated ex-felon, no longer under the supervision of the courts is an infringement of the 2nd amendment.
Article 2 section 12 of the Montana Constitution says, “The right of ANY person to keep and bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, SHALL NOT be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons”.
Now notice there is an exception for concealed weapons but still nothing limiting the possession of arms by a felon or ex-felon. It should also be noted that a background check of any kind is a violation of “shall not be called in question”.
Article 2 section 4 of the Montana Constitution states, “The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.”
Being a felon or ex-felon falls under the, “Social Origin or Condition” clause, which seems to be constantly discriminated against. Not only with gun prohibition but with also being able to acquire decent jobs.
And then we come to Article 2 section 3 of the Montana Constitution, “All persons are born free and have certain inalienable rights. They include the right to a clean and beautiful environment and the right of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.”
Now again, how am I supposed to defend my life or protect my property if the best possible means for doing so (possessing a firearm), has been deemed an unlawful act in direct conflict with the US and State Constitutional right to keep and bear arms? Which brings me back to the topic of my post. If we as ex-felons do not have the right to defend or protect our lives or property under state or federal prohibition then they (state or federal Gov.) should be liable for property theft or loss of life that results from a person not being permitted the choice to own or possess a firearm for personal defense or protection. I should hope that you wouldn’t expect me to fend off a gun wielding burglar and protect my children with a knife or baseball bat while waiting 20-90 minutes for the police to show up.
Especially when the State laws even suggest that the police have no duty to defend or even rush to show up. SO where exactly does that leave me? Am I expected to be a good little victim and keep my mouth shut just because have a blemish on my record for not knowing the laws at the time when I was 22 years old? Should I be expected to sit and watch while someone rapes my wife and 6yo daughter and hope the intruder(s) allows my family to live when they are finished with us?
I THINK NOT!
Use violence on someone by assaulting them and you'll be charged with a petty misdemeanor, but still retain your constitutional rights. Write a bad check or fail to pay your child support and you'll be charged with a felony and you will lose your constitutional rights for the rest of your life, long after you have paid your debt to society. Please explain how this is constitutional.
I believe some felons should own guns. It should depend on what the felony was. If it's a simple possession charge then yes you should be able to own a gun but if the felony was for a rape, murder or any crime that was committed with a gun then no you should not be able to own a gun. It should just depend on the felony.
The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. [McDonald v. Chicago, 561 U.S. 3025 (2010)] I still do not know how the government can disenfranchise a felon of his right to bear arms. The inalienable right ratified in the second amendment, nor any part of the Constitution does not say a felon can't own a weapon. My question is, why can we disenfranchise a felon of his/her 2nd amendment rights for life, even if the crime was unrelated to violence? Such as bank fraud, or embezzlement. It is a right, not a privilege. Secondly, and more importantly, if we can disenfranchise a person of their inalienable rights, well then why not their other inalienable rights such as their first amendment rights? Why can't we tell a convicted felon to shut up? Why can't we take away their right to peacefully assemble, or practice religion, or even basic free speech? Why can't we strip convicted felons of their 4th amendment rights, and give police the power to pat any convicted felon down, warrant or not? If you have a logical answer as to why their 2nd amendment and inalienable rights can be disenfranchised away, I hope you have a logical answer as to why their other rights CANNOT be stripped away.
How is this not discrimination of a free man who has served his time for a crime and then forced to live with a life sentence of having some inalienable rights infringed upon him? How is this not double jeopardy? Where in the Constitution does it say that government can disenfranchise a citizen of their inalienable rights after they have paid for their crime? Where in the Constitution does it grant authority to government to wield the power of granting clemency over a free citizen [who must submit an application asking for their rights] in order to restore his/her inalienable rights after having served their time and released a free individual?
I ended up homeless in my early twenties and had no one that would help me out so I wrote bad checks that weren't mine and once I was off the streets I turned myself in and did 5 years probation and paid everything back. It's been 7 years I now have a wife and a 15 month old son. It's my God given right to protect myself and family and this Country wants to take that away? I have the right to vote and I pay taxes and even served in the military- how is this right? I have noticed a lot of comments on the NO side are blind amd limp all felons together have you never made a bad decision? One day you just might. Each individual should be given the right to appeal for their gun rights to be given back dependent on time since violation and also based on what they did.
Yes this law applies to me. Me and a couple other guys broke a window and took some smokes at a gas station. Felony. We were 15. Now, if our constitution really allowed for a felons rights to be permanently revoked why was it not done until 1939? If it was an option for the feds all of this time why did it take 160 years to finally enforce it? Because it is against the bill of rights to do so. This should be struck down because it gives the government the ability to incrementally add people to the list of the banned. I cannot believe for a second that the men who wrote this document were not aware of this fact. Nowhere in the second amendment does it say, "except these guys." In fact the bill of rights states that all free men have them. I am no longer beholden to the state in the form of probation nor parole, never served time and being 21 years past a JUVENILE adjudication, not even a conviction, this is an abortion of justice and an assault on human rights.
It's simple; if you take the Constitution in literal terms without adding extra meanings to the words, all Americans have the right to bear arms in defense of person and property. To violate this idea even in the name of law is dehumanizing people and making them slaves to anyone who wishes to lord over them.
I believe that all convicted felons should be allowed to own a gun to protect their family and themselves. The firearm (handgun or rifle, but not an assault rifle) should be used for protecting their home only. It should not be legal for the them to carry it outside of home.
If any felon could stay out of trouble for say 5 to 10 years after conviction then yes it should be taken off the record. No one deserves to be punished for a lifetime people can change. I grew up and have a wife and 4 kids, I have the right to protect them.
I am a convicted felon that has "pai?" My debt to society and have changed my life; yet that is not quite the whole story. With the introduction of the latest technology in where anyone life is open by a keystroke, I am often "hel?" To the past choices I have made. Felons that themonstrate a change and have paid their debt through, incarceration, restitution, etc. Should be afforded the opportunity to change their lives and not be "hel?" To poor decisions that they made in the past. Guns don't kill people, people kill people. With the amount of illegal guns in the America today placing laws on the books to remove felons rights will not stop violence, people who "choos?" To not harm others will stop violence.taking away more of our rights and adding additional "regulation?" Will have no effect; look at the war on drugs. Thanks and god bless.
Why WOULDN'T non violent felons, not on parole or probation, have FULL gun rights in accordance with the state in which they reside? That should be the question. A person, never having committed a single criminal act involving violence of any kind should not be able to protect himself and his family? And in a country where the President of the United States of America can openly admit to engaging in felonious acts (possessing cocaine as often as he could afford it) and no one seems to care even a little bit, I can't believe this is even an issue. The only difference between president Obama having a clean record and the massive number of individuals jailed and for ever shackled with a scarlet "F" is he didn't get caught.
Not all convicted felons are violent. I'm not. I want one to protect my family but I made a mistake several years back, did my time and parole, but can't protect my family. I pay taxes. They don't count my votes and totally took away my right to protect myself and my household.
Rights are rights. We can't pick and choose. If you don't want these people on the streets. Don't let them out. If they are released from prison and are off of parole. Then they have paid there debt to society. No one should have the right to take someone else rights away.
People make mistakes. As stated by another user, it's really easy to commit a felony these days. Also, if a felon really wants to use a gun to commit a crime, they'll get one either way. Stolen guns are a lot cheaper and easier to buy than legitimate ones and they shoot just the same. The only felons this law effects are those that have resolved not to break the law.
A right is a right. The only right you lose per the US Constitution upon being convicted of a felony is the right to vote. Nothing in the Constitution says that you lose the right to carry a firearm if you have been convicted of a felony. In Nevada, a long time ago, they used to give a released convict a horse and saddle, a ten dollar gold piece and a 30-30 rifle. Do you think they were worried if the convict would go and re offend? If they re offend then lock them back up forever. Otherwise, let them have the life they are entitled to AFTER PAYING THEIR DEBT TO SOCIETY!! Unless you are of the mind that they have never paid their debt. If that is your thought, I would caution you to walk very carefully because the slope is slippery and it is a long way to the bottom, and you could end up with a felony very fast. Some people have learned from their mistakes and deserve the right to protect their families.
I am 32 years old. Became a convicted felon when I was 22 yrs old for forgery, theft and burglary. No weapons or drug charges.
I did my prison time and because of the state of NH, I received a ridiculous sentence: 1 1/2 to 15 years. Yes, still on parole for almost 8 years, no violations. I'm a single father who is disabled and live in Florida and cannot protect myself or daughter if some raging pill head comes breaking down my door.
The simple fact is this: when it comes to people with felony records, we are forcing them to be less than a citizen by stealing their rights to own a fire arm. It's bad enough they have trouble finding jobs because people won't hire them. We need to start making them citizens again and the best way to do that is to give them a chance to become a full citizen again.
Even felons have the right to self defense and also the right to defend against a tyrannical government.
If you take one mans rights then you open the door for every ones rights to be taken. America is now finding this to be true. The 1938 and 1968 gun control act are not only unconstitutional but are a failure and need to be repealed. If not, then the millions of people who could be in the fight will continue to warm the bench and watch hopelessly as the second amendment and the rest of the constitution are destroyed and once it is gone... Its gone for good. If a bill was entered to repeal the 1968 gun control act was drafted, it would have overwhelming support by not only all firearms owners but millions of others as well you would find gun control a thing of the past. Statistics don't lie, More guns=less crime.
I'm 38 year's old. When I was in my early 20's, I made a terrible mistake that altered my life forever. I was getting drunk in a bar and two guys wanted to jump me. I pulled out my work knife and assulted both men. Why I did it to this day, the only excuse I have, I was a dumb kid. I pleaded guilty to a 4th degree felony. Here I am years later, smarter, more grown up, responsible, have a wife, 3 children, but unable to find a good paying job and I'm not allowed to own a hand gun to protect my family. I think I payed my debt to society judge. I'm buying a gun weather you like it or not!
People are convicted of felonies or go to prison to prison for a variety of things that are not always violent crimes. In some states a DUI is now a felony. Can you really compare that to someone who robbed at gun point and/or shot someone. I am a felon, but NOT a CRIMINAL! I own businesses & property & pay taxes. A criminal commits crimes as a livelihood.
Everybody has a right to defend themselves and that includes felons. It is an inalienable right that cannot be taken away. Yet the shame of this country allows the feds to do just that. It is time the states took their powers back. The feds have way too much. They are scary. It is amazing felons can now vote in most states, they are expected to become productive members of society but not permitted to defend themselves. No wonder we are called "stupid Americans" by others.
No one should be deprived their right to defend themselves, no one! A person can pay their debt to society, and be released back into society and have their brains blown out, cause they didn't have a right to defend themselves. It's just wrong to throw a person out here and tell em, " If someone runs up on you, just lay there and die!" It's common nature to defend ones self when being attacked. So yes, everyone with a stable mind, including felons, should have a right to bare arms!
It seems unfair to say a felon is permanently inelligible to carry a firearm because of past felony convictions. I for one am a felon. I am a felon because when i was 19, I was arrested with a couple bags of heroin i had purchased for a young lady. I only wanted to get lucky that night. Unfortunately I was stopped by local police officers searched and charged. That is the only thing on my record. So now according to the government i lost my right to protect my family because of something i did before i even had a family to protect. I think that is ridiculous
The constitution does not have exceptions. It does not say that every citizen "except" a-b-c has the right to ... The right in the constitution are guaranteed to every citizen. One a convict has served their sentence, they are entitled to ALL of their rights.Do we say that a convicted felon no longer has the right to freedom of religion? Or free speech?
The second amendment right does not have the words or, but, if, and or anything of that nature. First off nothing states you have to carry a firearm with you everywhere you go, but that you would only use it protect your home and family. Now how would an ex-felon do so if he or she is denied that right? Second, our so called government can't stop illegal drugs and firearms from coming in this country and being put on our streets so how are they going to stop ANYBODY from getting their hands on firearms to begin with?
Third the so-called slogan to serve and protect "IS WRONG." You can't protect someone who has already been killed after their home had been invaded.
There was a time in America when a citizen was convicted for a crime and the punishment handed down by the court was served in one of the many penal institutions in the United States. After this they would be released and be given a clean slate. The federal government has made up its own laws of how an ex-convict is to be treated once released from their confinement pens. Their distorted control over these Americans has become an evil, sadistic and programmed to almost guarantee they will return to prison. It is almost impossible for an ex-felon to find a good paying job as every application has "Have you ever been convicted of a crime?" on the first page. Many people before conviction were hunters and fed their families with state bought licenses. Once convicted of a felony this right to take care of their family is taken away. These conditions are put in place to punish this person the rest of their natural born life. They are Americans and pay taxes, abide by the laws, and should be given all the rights they had before conviction. Believe if there is a war that invades this country do you think that ex-felons are not going to get a weapon to protect their family? What is the government going to do round up 2.5 million ex-felons and lock them up? Will they wise up and let them fight the enemy? Our government on its best day has shown itself to have faults and these are against its own people.
I have always been amazed at how easily Americans just blindly accept the laws that are past by "our" government. So far Uncle Sam has been slowly but surely stealing our liberties. Open carry is slowly going away. Now if you open carry, you are some whacko out on the fringe. I applaud the few states that have actually adopted Constitutional Carry, thereby recognizing our RIGHT, not privilege to bare arms.
Why should I have to pay my local municipality some ridiculous fee in order to legally exercise my rights. I am not a convicted felon, but my father is, and I could think of no better man, deserving of EVERY right that an American Citizen was given by our founding fathers. Criminals are going to do what they do, and carry guns with bad intentions regardless of the law. We have all made bad decisions in our lives, some people get caught, serve their time, learn from their mistakes and their best to move on with life as a productive members of society, DESPITE all of the freedoms that have been taken from them. This country is headed for some dark times. Fight for your freedom, because they are coming for it.
nor should they be able to get a good job, or protect their familys. let the laws stand so that felons cant register a gun so we can find the ones that own the gun that was used in that one, two, or three crimes. lets let the ex-cons that DO re-offend hide in plan sight amongs the rest of the people in the world. I AM AN EX-CON AND I CAN GET A GUN BEFORE YOU!!! I CAN GET ON THE PUBLICE BUS. I CAN SHOW UP AT YOUR HOUSE. (bang-bang). I CAN LEAVE THE GUN AT YOUR HOUSE AND NEVER GET COUGHT... PROVE IT WAS MINE... (NOT REGESTERED TO ME). THANKS FOR LETTING ME OFF WITH MURRDER SO EASLY.
if every one had a gun cops could stop us for "unusual, suspicious whatever". and if the gun we have on our person has no number - off to jail.
my uncle IS an ex-con. he DID illegally had a gun. and he DID shot a guy in the leg for trying to kick his neighbors door in when she was home alone with her two little kids. the other guy had a gun in his hands. - call the cop and wait, i think not. he not only went to jail, but got sued by the other guy.as for the family he saved, they went to hell and back for 2 1/2yrs before they got the state to release him.
The Bill of Rights goes in this order 1, 2, 3, 4, 5... not 1, 3,4,5...
An average person commits 3 felonies a day. Should you be banned from owning a gun because you opened a letter that is not addressed to you?
Plus a violent felon will get a gun the day they get out of jail anyway. Only the people that are really trying to change their ways wont be allowed to defend themselves or their families!
I am a convicted felon who has been out for 8 months. Going to jail was the best thing that ever happend to me. I have been sober now for 3 year and never would of had a chance at life if it wasn't for my arrest. But now i cant find a job and feed myself. There is nothing stoping my from geting a gun illegally and going back to a life of crime. Keep giveing ex offenders the incentive to not change for the better and think your gun laws are makeing you safe. But a have faith that if i keep doing the right thing my life will get better. Alot of felons may not have the same resolve as me. What do tell my family when i cant feed them or protect them. If somebody told you that you might have a different opinion on this law. Any criminal i have ever knowen got a gun illegally so your great law does nothing to make you safe. It i only targeted at people who have changed there life. When they tryed to ban drinking in the 20s did people stop geting drunk. How is that war on drugs going?
Yes, convicted felons should be allowed to own guns. Those who have been punished for their offense should be able to have their full rights as citizens returned to them, no matter what. Those who have committed a crime with a gun are no more or no less likely to commit a crime with a gun than any other gun owning citizen.
Owning the gun isn't the problem. Using the gun in a crime is the problem. Blanket barring of felons from firearms ownership is immoral and unconstitutional. Are they not allowed to protect their own lives? Or that of their families? Do you think most ex-cons get out of prison and then move into safe communities where your not likely to need a gun to protect yourself? I think we make a big mistake in this country by trying to write ordinances to try to prevent people from breaking the law. If they repeat armed robbery after having served their term in prison, then a tougher sentence is in order, but I think it is wrong to bar them from being able to constitutionally protect themselves. Should we keep them from having knives as well?
Once a sentence is expired, someone convicted of a crime should get back all of their constitutional rights. If someone is so dangerous that they should never own weapons, then they should be locked up for life and never released. People who paid their debt need to be able to move on with life.
Because of all the new ridiculous laws instituted by the Federal government, the definition of "felon" has been watered down. Felons aren't just murderers, rapists and thieves anymore, they can be people like you and me who were unfortunate enough to be manufactured as felons - often convicted of non-criminal activities most people do everyday without any clue that they are breaking any law. Does that warrant a lifetime denial of a constitutional right of self-defense?
The media portrays felons in a box. Not ALL felons are equal just like not all men have the same morals. Today, most felons are felons because they didn't pay taxes, drug charges, traffic infractions,etc. These are our non-violent offenders. They SHOULD be afforded a re-entry into society instead of holding them hostage for the rest of their lives! I know men who have families, businesses, religious backgrounds, upstanding people who cannot vote, cannot find a decent job & CANNOT protect those they love because of some non-violent mistake they made decades ago. Shall we keep on punishing them with our self-righteous attitudes? I know good men who ended in the wrong side of the law because of ALL of these over regulated, felony laws that have nothing to do with violence, sexual perversions, theft, etc. Victimless crimes that hurt only themselves & tax payers thanks to the "system." It's big business & at 2.5 million strong & with the privatization of prisons, it's NOT going to stop. When will we as a civilized nation wake-up? In 2101? When our prison population reaches 20 million? 30 million with the surge of countless laws? I believe in being tough on violent crime, sexual crime, property crime but I also believe that these men and women deserve a chance on a case-by-case basis to have ALL their rights restored after they've spent years in society being productive. My 2 cents.
In 2001 at the age of 17 I was charged with a felony, and was convicted when I was 19. The argument that felons will always be felons is wrong. In 2009 I witnessed a shooting and had a gun turned on me by a psycho who was already on probation for shooting his nephew. If the old adage that a felon will break the law either way, would I not have gone and got a gun after that? The law does nothing but stop people who have learned from their mistakes having the ability to defend their life or ones they love. I don't even see why this is an issue, considering "shall not be infringe?" Means you can not take that right away no matter what! Felons founded this country, lets not forget that!
If they cannot be trusted, they should not be free to walk the streets.They also should not pay taxes or follow any other laws. No rights- No responsibilities. Let's keep everyone that commits a crime locked up for life. Or maybe tattoo the word CRIMINAL on their forehead after they pay their debt to society. That will help them find a job and become productive members of the community.
There are now so many federal crimes on the book they don't know how many there are. It is said that each American commits an average of 3 federal felonies a day.
The purpose of the right to keep and bare arms is to terminate Tyrants not hunting or protection. The quickest way for the Tyrant to subvert that is to make every one a felon
After arrest, pre trial, imprisonment, parole and probation is completed, I believe an individual should have rights restored to include second amendment rights. After completion of parole and/or probation a supplemental 5 year "wait and see" period may be imposed to continue to monitor the individuals behavior post commitment, but then all rights to citizenship should be restored. To NOT restore the rights is actually criminal which is the true irony. There is no legal justification for "perpetual punishment" and yet it is imposed on individuals by way of the "felon" tag. The purpose of sentencing guidelines was to ensure that an individual would serve a sentence in accordance with the crime committed and the individuals criminal history. Not to mention the development of the second amendment came on the heels of the first discussions of freeing slaves and was race based legislation making it too, inappropriate at best, illegal at worst. Where is the NRA, ACLU, and NAACP on the issue? Why the silence on this obvious issue?
If you think about it, a law prohibiting felons from owning a firearm is rather counter-productive. If someone wants to commit a crime then they are going to do it. Not once have i heard of a bank robber saying "i cannot rob the bank today because it is against the law for me to own a gun". The only thing prohibitng felons from owning guns is doing is preventing people who just made a dumb mistake and have changed unable to protect their families. I have no idea where congress got the idea that they can make "ammendments" to the constitution of the united states. The consititution is not something that you can just change because you don't agree with it. If you have not noticed our freedom has been slowly trickling away since the USA was founded. Congress makes a little change here and a little "ammendment" there and people just sit back and take it because it is not a big deal at the time. You people can do what you want but i am an AMERICAN and i do not recognize the authority of these "ammendments". God bless the USA.
Guns don't hurt people, stupid people with guns kill people. It should be done on a case by case basis. I'm am not for all felons to have gun rights such a's murder, sex offenders, robbery, or any crime involving a gun. But people who do not commit violent felonies should have the right to protect themselves and use guns for LAWFUL purposes. Infringing all felons by lumping them all up in one category is a crime itself in my opinion.
Now for say you had a violent murder charge or a violent rape charge I feel that you should not have the right to bear arms. People make mistakes, people do wrong things. People that serve their time should have all the rights return back to them. There's a lot of people that have convicted felons, they have served time to society and will not reopen and they are not violent people. There's more dangerous people that are extremely violent they have the right to carry. And they are not convicted felons. So a man breaks into your house. And since you're a felon you cannot bear arms. Now your children and family are in danger. And the guy that broke into your house is not a felon, either but he has a gun. Now that convicted felon cannot protect their family
"The right of the people to keep and bear Arms, shall not be infringed."
Infringed - Encroach upon, violate or break
Rights of American citizens are continually violated and the original purpose of the Federal Government has overstepped/overstepping their bounds. It's time for the passivity of the American people to be pushed aside, acute awareness to take hold, and continue to fight for the land our fore fathers died so passionately to protect!
Not all felons are full blown criminals. Most aren't, but just happened to get caught, and lead productive and normal lives. I feel felons have just as much right to protect themselves and their families as any normal citizen should. Plus there are a lot of felons who love to hunt, and taking their right to keep and bear arms should not be taken due to an offense where a gun was not even a factor. Background checks of individuals are in my opinion fine, and minor felonies where no one was injured or a gun was used in a crime should not have their second amendment rights taken from them. Sure there are the bad boys out there that do not need a firearm.
If a non violent felony act was committed and the individual had no priors or a long rap sheet, then he should be allowed to own a firearm to protect his family as well as himself. These people in gov't just don't get it. I personally know of a few felons who are the best people one could ever want for a good friend. Just because they made a mistake and got caught doesn't hold water. What about all the other people who are committing felonies that don't get caught. If it's a non violent crime why should they be punished by having their second amendment rights taken. Many are drug related by responsible individuals who work and support a family, which with many are just trying to make it. Gas and grocery prices, plus everything else going up promotes this. It's the rich people's fault or many of them anyway, who have a fortune, but still want a customers last dime and would still sleep at night. Let us have all of our paycheck, instead of giving it to uncle Sam to blow and maybe things would change.
Face it. If a felon wants a gun he gets a gun whether it's legal or not. If a felon is not still in jail it means someone deemed him to not be a threat to society anymore. And if he is no longer considered a threat why can he not own a firearm?
It is a constitutional right to keep and bear arms and shall not be infringed. Sometimes the justice system is not always fair to our citizens. If you get caught with a bag of pot in some states you are a felon. Gun control is anti American. The only people who shouldn't be allowed to own guns are the mentally ill.
Not everyone that is convicted of a felony is a violent person, besides that although many people may not believe this is possible, many people to reform and continue on to live normal law abiding lives. There is no legitimate reason that a (now) law abiding citizen should be denied the right to protect themselves and their family.
Even though I disagree, I can at least understand why people would be concerned with a person convicted of violent crimes owning firearms, but what makes a non-violent offenders person, property or family less worthy of protection than yours? Nothing.
Should people just have their gun rights handed to them, maybe not, but should there be a process to restor their natural right of self defense, ABSOLUTELY
The right to keep and bear arms is a constitutional right just like the right to freedom of speech, assembly, religious choice, no unreasonable search and seizure, not self-incriminate. If you can rescind a constitutional right like keeping and bearing arms (gun ownership), then you can rescind a person's right to all of these. That would mean that if you are convicted of a misdemeanor you could have your right to not being subjected to unreasonable searches rescinded. You could have your right to not self-incriminate rescinded. You could have your right to a fair trial rescinded. Let's change speeding to a misdemeanor. Now, you have everyone eventually having all of their rights rescinded. This doesn't mean that a felon would have a right to open or hidden carry, that is a civil right. But, the mere fact that a felon is not legally allowed to own a gun actually puts a felon who follows this law at higher risk for having crimes committed against them after they have "paid" for their crime.
We convict felons and sentence them. They serve their time and are rehabilitated into society. When society rejects them they are likely to re-offend. When they are made to feel like they will never be able to become a valid member of that society, the re-offend. And the blind people in their ivory towers think that the felons are the ones to blame.
A society that looks for ways to strip the rights from others and force them into only the most meager of existence is not a just and true society.
Our society needs to understand that there is a valid punishment for every crime. Once that punishment has been fulfilled that should be the end. Full rights should automatically be restored.
To judge felons as never being able to be as good as the rest of society shows an utter lack of human compassion. Those that lack basic human compassion and empathy have no place in a society. so remember Judge not, that ye be not judged. For when you are judged as not conducive to the moral stability of society, banishment from society would be the only action.
The more and more everyone screams to have the rights of certain individuals taken away makes me wonder how long it will be until all our rights will be taken away.
In light of the Washington DC ruling on Rights to Bear Arms, I also feel that it is illegal as well as unconstitutional to ban people with a felony charge from owning firearms:
My reasoning is logical as well as Constitutional. Besides the Right to Bear Arms, with a felony, you lose other rights as well that are not Constitutional but you lose them just the same.The fact that it's up to the States Attorneys office on what they choose to charge you with, and the fact that they can charge you with a felony or a misdemeanor makes it arbitrary. In most cases they just want a conviction and offer you a plea to a lesser offense to save time and money even though they have the evidence to get a conviction for a felony. If the system was equal or the law prohibited them from reducing a felony, there would be millions more people with felony convictions and the loss of there constitutional rights. The fact that they committed the same offense as me but took a plea to a lesser offense is the only difference between them and me but I can no longer own a firearm. Also what one state might view as a felony another may not, which makes it arbitrary. In Maryland theft over $300.00 is a felony, but now its theft over $500.00. Electing to go to trial and having a trial by jury is your constitutional right, so if you exercise your constitutional right on going to trial, and lose, your sentence is automatically enhanced by taking away other constitutional rights that may or may not have anything to do with your charge at hand. The US Constitution I thought was for equal rights and not arbitrary deals, laws or pleas in different states. You should not be punished by exercising your constitutional right to have a trial by jury. This is known as the chilling effect. I would compare it to, North Carolina v. Pearce, 395 U.S. 711 (1969).
This as you know, notes the chilling effect, If you exercise your constitutional right to appeal your conviction and win the appeal and get retried, you cannot receive a harsher sentence. I believe this law has changed a bit but for the most part it is the same and applies to the above.
I was an avid gun collector most of my life and collected machine-guns and other guns and had a license to carry a gun for protection. Not that I ever hunted, I did enjoy target shooting and collecting guns as well as means to protect my home. Now because of a felony, I have no way to protect my family or myself. Even if they ATF firearm restoration act of 1968 was funded, I would have a chance in getting my firearms rights restored. If I had the funds and know how, I would challenge this in the US Supreme Court as being Unconstitutional. For the reasons stated herein, I believe the NRA should look at this very seriously.
I have read if you break the law you should not be able to own a gun. Traffic violations are breaking the law, People with violent Misdemeanors break the law and can still own firearms?
The Second Amendment applies to all American citizens. Any law that prohibits an American citizen from owning and possessing a firearm is unconstitutional. All firearm laws are unconstitutional - it is unconstitutional and irresponsible of you or anyone to place a value on an individual's life that is less than another's or yours. Is it your believe that only individuals not found guilty of a felony charge are law-abiding citizens? If this is true, I hate to burst your bubble. If you drive a car on a regular basis, guess what, you break existing laws. Have you ever used illegally classified drugs and use of alcohol, have condoned or have facilitated others in the use of drugs or use of alcohol, if so, you are not a law-abiding citizen. Do you know that most felony crimes do not involve the use of a firearm? The absolute truth is that no one is a 100% law-abiding citizen; even you. Gun laws do nothing to protect people from harm. Disarming people does. Gun laws are ALL about disarmament. You should wake up, COMPLETELY. Until you do, those that are disarming us are going to continue to do so. Until the day comes that you are disarmed. All states should follow suit with Missouri that just passed legislation that null and voids all federal gun laws past, present and future, too include gun registry. FYI, there is no such thing as a felony or a criminal. Felony and criminal are acts - they are not people. You may disagree if you like but if you do, I suggest that you meet some of the families that have lost love ones because they were disarmed and left helpless, left to die. Maybe you would be able to convince them that their love ones deserved to die; that they deserved to lose their love ones. Just a thought. As a retired Army Officer, I served all Americans, not just those that haven't been charged with a felony, YET. As the Bible makes clear, we are all sinners. When we forget this, then we sin, we place ourselves above others.
Nowhere in the Bill of Rights does it exclude anyone from owning a firearm. Not only that but it is double jeopardy, being punished twice for the same offense. This is ignorance of the Constitution which the Second Amendment very clearly states shall not be infringed. How is this not infringement? The government is not allowed to pick and choose which parts of the Constitution they will adhere to. There is no gray area. The Constitution is very specific on this. Pride of the people to keep and bear arms shall not be infringed.
I am a convicted felon for violation of probation, and the original charge was Official Misconduct. The only victim was me. I did not rob, steal, rape, kill, maim, vandalize, etc. I had a drug habit and lost my position in a local government job, which by the way, involved carrying and qualifying with a firearm. Again I was the victim! I had the drug problem, I lost my job, I was the one with total shame. There are 3 levels of felonies in Florida and mine is not listed anywhere. I am truly a victim of the system. Never served 1 minute in prison, never victimized anyone, and this all occurred over 25 years ago. I can not buy a firearm or vote. And Florida will not give me an answer on a full pardon. I'm sure there are others with similar stories.
Yes. What if they are now law abiding citizens and pay their taxes and haven't been in trouble for 5, 10, or even 15 years. People do make mistakes, but why take away a fundamental right for the rest of their life? What if they have a family now and need to protect themselves, the family, and property?
The bill of rights is supposed to be for all americans
I am a convicted felon of a non vilont offense I have owned and been around guns all my life when I was a child I was taught a gun is a tool and can be used for a lot of good. I learned in school that your constitutional rights can never be taken away I now have learned that is all B.S. this.is the start of comunism. If you keep letong them take away take away what will you have nothing and you too will know what its like to be in jail. I paid my debt to society with 2&1/2 years in state prison and 2 years of redicules parole have commited no crimes after but now I have to go back to prison for having a single shot shotgun in my fricken bed room
so keep on trusting law makers and see ya in the pen
I was convicted of bad checks which my ex husband wrote but forged my signature when we were separated and it totalled thousands of dollars, anyway he left the country and because someone had to be punished I got 5 years in prison. I couldn't afford an attorney and got a public defender who didn't do a good job and the Judge wanted to make an example out me for others and said so in court. Think some thing like this couldn't happen to you, guess again. People who lump some felons are total idiots to begin with but why shouldn't I have my gun rights restored. I grew up with 8 brothers and had fished and hunted with my brothers and now I can't share those experiences with my sons and daughters.
In the state that I live in, I was convicted of a felony in 2001, before they added the Home Defense Law to the law books. What was that crime? Shooting an armed intruder who broke into my house with a shotgun. I was told by the judge that I should have dialed 911 and waited. Sorry, but the guy was armed with a pistol, and I was thinking more of my wife and my children than calling 911. So Cradlefan, and RubyPiedra I strongly suggest you get your facts straight before making rather blanket remarks.
Of course because it isn't a privilege. It is a right. Felons can be robbed. Felons have families to protect. Felons can fight against a tyrannical government. Look at what some things constitute a felony: unpaid child support and a bad check. People have been brainwashed that the label felon means violent.
I am a convicted felon from 20 years ago. The reason I am on this sight is because my girlfriend is living with me in our rented house in a not so great neighbored in the city. I feel I should have a right to protect her if need be. I feel STRONGLY that a convicted felon sometimes needs to be able to protect themselves and there families. Especially after working to become a productive member of society. There have been break-ins on my block , and moving just isn't an option for us right now . The law is unfair in this area...and since convicted felons are indeed a minority I do not see the law being changed. It just is not fair. I wish people could understand that people can change their ways.I would appreciate any advise on this matter. I am also not 100% clear on the law in PA where we live.
Guns belong in the hands of "law abiding citizens". That is the statement I hear the most and guess what I agree. If you are deemed fit to be allowed to walk and prosper in the general public you are a law abiding citizen. A criminal is someone who does a act. It is not a race of people who forever do "bad deeds". One act out of a moment of hate or love determines how you are for the rest of life and no way can better yourself? Who has the right to say your life means less then the one next to you? I could go on for a long time on this subject. But bottom line is yes once you paid for your crime by being in jail or whatever the punishment was your life and the life of those around you are just as important as everyone else is. Being a felon does not exclude them from facing the same dangers.
Once a convicted felon has served their prison sentence, they ought to be considered to have fully served their debt to society. We should not impose extra life-time punishments on individuals based on crimes they commit. To do so undermines the authority of the justice system by making sentencing less relevant. Rather than add extra punishments to all convicted felons as a blanket act, judges should give appropriate sentences to felons in the first place and then allow them to return to society.
The Second Amendment does not differentiate. I am an American citizen. I have done my dues for my past wrongs. I have the right to protect myself, my loved ones, my property, and my freedoms. It was never an issue, when the constitution was written, of a persons past or present: all men were considered to have inalienable rights. The right to bare arms was one of these.
A citizen after doing his time should be allowed to own "on?" Firearm in his home for self defense. Taking away a citizens right to defend himself for the rest of his natural life is unreasonable, unforgiving, unChristian and rediculous. It should be illegal to "us?" A weapon to commit a crime but not allowing a felon to own a weapon for legal purposes is unreasonable.
The second amendment in the constitution allows any American the right to own a gun. To disallow this would be denying the supreme law of the land. Also, in most cases jail has a positive impact on people. Once some one learns their lesson they usually do not make the same mistakes.
As a convicted felon I am appalled by the lack of decency a non-felon has toward us. Felony conviction does not mean a prison term. It does not mean a violent act. My felony came from a break in that I did when I was 17 years old. 12 years later and many firearms I have owned shows that just because a person made one mistake doesn't make them a violent reoffender. Felony or not I will protect myself, my family, and any of you that believes differently from me. Shall not be infringed.
Any free american should have the right to bear arms, it is and always had been one of our constitutional rights in america, handed down by our forefathers. This right was intended for every american citizen to protect his or home, man woman child, or children, and self well being.
Career criminals never care about the law. For those of us that have been in a bad situation and broke the law, we try to follow them. But it is not fair for another man to tell me I can't protect myself or family. Felon or not. I did my time, made thing right, yet some how I have to pay for it my whole life....NO man or government is going to stop someone from getting a gun. And they can't know what they will do with it.
My offense was a drug conviction in the 80's, no violence, been off Parole for 16 years, have been in business for over 20 years now. I believe I should have a right to have firearms as anyone else. I have been voting for years now, I should be able to own a firearm.
After a individual committed a crime, the person is a criminal. Depending on the level of crime, you have a misdemeanor or a felony. The point is, that when someone commits a crime; and servers the time, they are no longer a criminal, they are no longer a felon. The person is to be consider a citizen of society again; and as such, deserves the rights as any other citizen. I believe one should earn the rights back. I can relate to that argument; but, we can not just take somes rights away because we are afraid of the persons past. If thats the case, then what other rights can we take away from someone? It becomes a cycle. A never ending cycle of abusive of power. FEAR IS WHAT DRIVES TYRANNICAL GOVERNMENTS!!!!
Here is my story... When I was in my late teens I was good enough to be on the U.S. Shooting team, with a good chance to go to the Olympics. I ended up suffering a major accident for which I spent 10 days in the hospital having reconstructive surgery. When released from the hospital I was acutely sick from medication withdrawl. I was unable to sleep, eat, etc. After a couple weeks of being sick, I began to self medicate. The person I would purchase drugs from, unknowingly to me, was also a Confidential Informant. After about 6 months of rehab, I was getting ready to have my casts taken off and hopefully return to the working class of Americans. I informed my dealer of my intent to discontinue to be involved with drugs, mistakenly I thought of him as a friend now. Seeing his loss of revenue he decided to set me up, for which he gets paid $500 by the District Attorney, and a free pass to use and sell drugs I guess. I had to complete 5 years of probation, which I did with no dirty test and no more arrests. Since then I have been an upstanding and successful member of society. I am a single father who takes care of his kids. Now that I'm successful, my family has become a target by criminals who know I can't have a gun. My firearms I had before I ever got in trouble have been kept at my family members house. Someone I know broke in and stole about $80k worth of firearms knowing I cant go to the police about it. They have since been ransoming some of them back to my family threatening to have me put in jail if I go to the police. My family has also been a victim of kidnap for ransom, where my son was taken from me at gunpoint from my vehicle. Before I ever got in trouble, I carried everywhere.(I even stopped a robbery of a convenience store) I would not have let that happen. Luckily I was able to negotiate his quick return. In conclusion I feel prohibiting ex felons from owning guns inhibits their right to the "Pursuit of Happiness" by not allowing them to chase their dreams of the Olympics, and it inhibits their right of safety and security for themselves and their families. Contact me at ajandtiffany@gmail.Com
You know people really need to take a step back into reality. Can anyone actually tell me any intelligent reasons why an ex-felon shouldn't have a firearm to protect his or her family. Please tell me what gives any of you the right to point the finger at us and say we don`t have the right to have this or that? Most of you same people have done something to break the law and just got away with it so that would make us equal right? Remember for every finger you point at somebody the other four on that hand are pointing back at you.
All people should be able to protect there self from some one else that wants to do them harm. we must remember that people change,most for the good. A felling of helplessness is a enough to make a person do things he or she would no normally do. a person that has done things that he is not proud of can not change with out someone believing in her or him.if years have passed and no other offenses. The felon should be able to prove they have changed. There fore they should be allowed to have a gun that anyone is able to have by law.2nd AMENDMENT.
With more gun control legislation in the works by the federal government, it is possible that many non-felon gun owners will get a taste of what it's like to be denied a constitutional right. If a right can be denied or granted by government, it is not really a "right", but merely a privilege. The last time I read the Second Amendment, I saw the word, "right". To all non-violent and reformed felons out there - your right was never taken away. You have been unconstitutionally denied of your right.
Besides the right to bear arms, and the constantly-repeated phrase "paying your debt to society", there is this to consider: Felons are not some strange form of inhuman life, they are your neighbors, friends, family- anyone.
I myself am a 'convicted felon'. I did a stupid thing- I consumed a large amount of alcohol with a very strong anti-depressant drug, which produced some very "interesting" effects, to say the least. One of which was my becoming very agitated and violent. During the 6 hour course of my 'freak out', I destroyed some property and stole some. I plead guilty to simple burglary, and did 5 years supervised probation.
Now, I have two beautiful little girls and a wife. It is my right and my duty to protect them. Because of a stupid mistake many years ago, should they suffer? I am not what the naysayers would imagine when they think of a 'felon'. I am well-groomed, intelligent, well-spoken, very courteous; my daughters are not some inner city rugrats but beautiful all-American princesses.
And by the way, I DO own a gun, and always will, to protect my family and my home. Make of me an outlaw if you will with whatever statutes you may wish to pass.
If a person has been convicted of a felony, even a serious Class A felony and has served whatever time that the courts have sentenced him or her to and has shown ( through their actions) over a period of 10-15 years that they are arrest-free and have not committed any crimes or violations, I believe these people should be able to regain their constitutional right to bear arms.
I agree with a lot of what I'm reading here. I am a convicted felon myself, and they WERE violent crimes, in fact. I was around 20 years old and I got on drugs pretty bad, and as things got worse I was robbed by a drug dealer. So I found this person and pointed a (friends) gun at them and got my things back. It was A bunch of Christmas presents and electronics and things like that. Anyway the police ended up arresting ME for armed robbery. I went to prison and rehab for a combined 24 months and got out and changed my life. I work at a normal job serving ice cream all day. I'm not interested in drugs anymore and I regret everything that happened deeply. I had a baby and now I'm almost done with my probation. I am considered highly intelligent and like able and trustworthy by most people, but because of some mistakes in my past I cannot vote, work with kids, with money, work in law or medicine or any serious industry, plus I can't own a gun. It's easy to debate the issues but imagine if someone came to YOUR life, and told you that you can't make a living, you are at our mercy, and you can't change it? Before I was just a drug addict that made some really dangerous mistakes. Now I'm a responsible man who lives in a world where the government actually IS oppressing me, actively, right now. My gut tells me something's messed up here and it's no longer me.
Drug crimes should not be crimes in the first place. You have the right to your own bodily autonomy. Other things, they should be prohibited from possessing(not owning, why is "own" used in these discussions so often when the real issue is the right to possess? Does anyone answering under "no" think we should let felons use guns as long as it is a rental?) but the war on drug is a travesty in and of itself so if I was in Congress and had to choose between granting the right to all felons or none I would grant it.
1) The Bill of Rights was given to every man by our Creator.
2) Once your debt to society is paid, all your civil rights should be given back.
3) There are many people who have absolutely no violent history and many nonviolent felonies such as forgery.
4) Shall not be infringed! To me this statement is very clear.
5) The US has the largest prison population per 100,000 in the world. Prisons are big business. With all the laws constantly being passed every year, it becomes easier and easier for average, everyday people to be convicted of a felony.
6) The American people are not being disarmed to keep the people safe. We are being disarmed so we are easier to control, and the 1968 gun control act opened the door and got the ball rolling.
I can understand restricting guns while on parole or probation but to restrict them from owning them for life that is just unconstitutional. We all have the right to bear arms. The majority gets punished for the few. It's the same as what happened to Muslims in this country. Everyone got along with them until 9/11 after that they were all labeled terrorists. I know I'm not dangerous with a gun and I had gotten a felony when I was 17. I'm now almost 27 married 2 kids live in an upscale neighborhood having made my money legitimately. I'm also a Muslim and I would be the first in line to protect this country as its my home! At the very least I believe there should be a much easier way to get rights restored than petitioning a governor for a pardon and right to expunge!
The founders of the United States were considered felons, and terrorists by the British Crown. Someone who doesn't comply with an unjust law can be considered a felon. We've been mass brainwashed from birth to believe that compliance to the collective authority is true freedom. The concept of individual liberty is now generally considered passe, or not hip.
The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way. Throughout much of American history, gun control was openly stated as a method for keeping blacks and Hispanics "in their place," and to quiet the racial fears of whites. Racist arms laws predate the establishment of the United States. Starting in 1751, the French Black Code required Louisiana colonists to stop any blacks, and if necessary, beat "any black carrying any potential weapon, such as a cane." If a black refused to stop on demand, and was on horseback, the colonist was authorized to "shoot to kill." Slave possession of firearms was a necessity at times in a frontier society, yet laws continued to be passed in an attempt to prohibit slaves or free blacks from possessing firearms, except under very restrictively controlled conditions. Similarly, in the sixteenth century the colony of New Spain, terrified of black slave revolts, prohibited all blacks, free and slave, from carrying arms.
All of you posting that all ex-felons should not ever have a firearm are naive. The ex-felons who you fear most, will get a firearm without any background check and not care. The now law abiding citizens should be able to protect themselves and their families...yes they actually do get married and have children as shocking as that may be. Do the children of these families not deserve protection? Good luck answering that one.
The second amendment guarantees our right as American citizens to own a gun. The fourteenth amendment mandates that our constitutional right not be infringed upon. 2nd: a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 14th: section 1. All persons born or naturalized in the united states, and subject to the jurisdiction thereof, are citizens of the united states and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. this clearly shows that laws stating that felons shall not be allowed to own a firearm are actually violating our 14th amendment, the part that says that no state shall make any laws to infringe on our rights.
We all have a right to self preservation. No one no where on this rock should have a say on that. I see and here post on the 2nd A all the time. It's unfortunate that law makers find it so hard to stand by what was written so long ago. I guess I'm a felon American. That will be a category one day. No one can give you a right or take it. A right is and will be.
The constitution tells us that we have the right to own a gun. Few people realize that ex-felons have been given a life sentence that makes an already difficult situation that much harder. Imagine making a mistake, doing your time, and yet every day you are reminded of what society has branded you. Try getting a job, starting a relationship, basically anything to move forward in life which is hard enough, you can't imagine doing it branded a felon. Now imagine its all because of one night, the night of your 18th birthday. I was bashed in the head out of nowhere and when I regained consciousness was surrounded by a group of guys who continued to assault me. Defending myself I ended up putting one in the hospital. Self Defense Right! Well being a young stupid kid it didn't work out that way. I had horrible counsel and was advised to plead guilty or face prison time. To be honest I was afraid of going to jail and I didn't understand how this decision would affect my life forever! So I pled guilty and got to go home,biggest mistake of my life! I am now 29 have had no trouble since and yet I am forced to relive it all the time and I cant realistically get it sealed or expunged. Anyways, it is what it is but don't think you know what a felon is or isn't and more to the point our legal system isn't perfect and for those of you who haven't been through our legal system pray you never do! For the perfect ones out there hope your loved ones never do. Ex felons are nothing but people who have made a mistake, there needs to be a realistic avenue to redeem yourself.
guns should be a right not a privilage. If you understand how gun control works. It is designed to creat a black list who can have a gun who can not. once a black list is created by any government they get their foot in the door to tyranny. our for fathers understand this. not all felons our dangerous or crimminals. taking ones rights to self defense away from someone is anti god and anti good. the court system is designed to lie steal and punish in the means of theift and rape of any thing they can get.
U.S.C. 18 Ch44 § 922 (g) (1) States "It shall be unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year." This has been interpreted to mean any crime that could have received imprisonment but received probation instead. If the court believes that the defendant did not deserve imprisonment, and believe me they know everything there is to know about you, then this law should not apply. If you receive probation with no active incarceration then you should have your constitutional rights restored when the term of probation is complete.
If a person is a free citizen it is unconstitutional to disallow them their rights. They have paid the debt levied against them. The government has no right to say they are free, but not free. Either they should be in jail, or not.
The constitution does not make exception for the "right" to bear arms,. Every citizen has it. End of story.
Convicted felons serve a prison term that pays their debt to society. They are expected to learn from that, that if they commit another crime, they will be penalized, even more severely. That is the intended deterrent that it is hope, will prevent repeat offenses. If a felon is going to commit another crime, laws against felons owning guns, aren't going to stop them, anymore than a law against the particular crime they intend to commit, will. If felons do learn their lesson, and commit, and don't intend to commit, further crimes, they are further punished by laws that prevent them from legally owning guns. That is excessive punishment, not to mention that I agree it is a violation of their 2nd Amendment rights.
the right to bear arms says it all. who is anybody to say somebody does not have the right to protect ones self.
Do some of you people realize a man caught with a certain type of lobster in his possession might get charged with a felony? Are you seriously telling me that we should take away so many constitutional rights from someone arrested over a damned lobster? Or how about a 59 year old man arrested on conspiracy charge over something simple as a little pot? Do you people realize a charge like that is just saying to someone you can get some marijuana for another guy and he agrees to it?(With never having the substance on your person) How can you say you have the right to deny people like that the right to vote, own a firearm, ect...If a man is convicted of a violent felony then yes, take away his gun rights, but taking things like that away from an old hillbilly/hippie or a guy trying to catch some dinner....That is just crazy! I believe things like this need to be evaluated on a case by case basis and let some of these poor guys get their rights back!
In the olden days when a man served out his sentence upon his release they gave him back his guns. Murders...How many of them went on to be elected officials? I need my AK or m16 because our military has them and to be a truly free nation the people (militia) ,ust have access to the same type of weapons used by the military and police to ensure we never end up like Nazi Germany. To remain free we must take the security of ourselves and our neighbors into account. I for one refuse to live in a world that is controlled by the rich or so called elected/appointed officials. So you can have my gun when you pry it from my cold dead hands... Live free, die well. and stand up for america not just your warped sense of reality.....
The Federal Reserve private banking system is the real criminal here. They bankrupted the country...thus people became bank robbers. Felons were the only ones with the real guts to then rob the banks...so the banks had felons banned from having guns. National debt today is over 16 trillion. Who do we owe...The fed.
Last time I checked, felons still have to pay the same taxes and are afforded protection under the constitution. One mistake should not forfeit a person's God-given right to self-protection. Not to mention, there are now over 80,000 federal laws on the books that can make almost anyone a felon at anytime.
ill say it again OUTLAW GUNS N ONLY OUTLAWS WILL HAVE GUNS. pretty simple. if a person commits a fellony they go to jail and learn why to be good. if that fails do you really think that person wont steal one? we all make mistakes when were young. foot gets applied to behind and most of us learn. for every harden crimnal their is 10 people who did make a mistake and learned. this 10 should have the ability to protect themselves. the one who wont do good will get theirs. but not if the 10 go unarmed . the 10 get body bags. the right to bare arms shall not be infringed.
I am a convicted felon who has never committed a violent, drug, or sexually related crime. I just got really intoxicated and wandered into private property. This was ruled as criminal trespassing because it was an apartment building where the door locks behind you and I broke it to get out. I served three months in jail, paid $500 for the door and served community service. That was eight years ago. I have not been in any form of trouble since and am now married with three small children. I have recently learned that there are some violent misdemeanor crimes that carry longer sentences while still allowing gun rights while lesser felonies of non violent nature still forbid us from possessing so much as a pellet gun. Just remember if you outlaw guns, only outlaws will have guns.
Why should anyone be deprived the right to defend them self, or their family because of ANY reason.....not just a felony conviction. Am I to understand that someone should not be allowed to live, in a case of self defense simply for this reason? I'd rather be in jail and ALIVE than dead, I'll take my chances......
By logical deduction one can assume that by serving a sentence - probation, or jail, that said person has paid his or her debt to society. Of course, it should depend on the crime, and the state of the person after serving, but to paint all felons with the same brush is intellectually dishonest.
And to those who claim "guns are prolly the reason why the are in jail or is a felon neways" [SIC], not all felonies are the same.
Last time I checked, the Bill of Rights conveyed Liberties on all men, considered them equal, offered them equal protection under the law, and considered the Rights conveyed to be from the Creator. I can understand temporary restrictions while they present a clear and present danger, but after service of sentence and debt to society paid all rights should be restored.
Some felonies have nothing to do with violence. I have a felony on my record for accepting a stolen object; a microwave when I was 19. I am 45 now and I haven't even received a speeding ticket since my trouble. I attend church, have custody of my children (apparently the courts have no issues with me giving me custody), I don't curse and am a very respected person by all that know me. Yet because I made a non-violent mistake when I was young, I am forbidden to be able to protect my family with a firearm. There should be exceptions..A violent felon or murder I agree with but not all felons are bad.
The right of the people to keep and bear arms shall not be infringed upon. What word do you not understand? It is unconstitutional to make laws that forbid the constitution in any way. To make shuch a law in any state within the United States is against the law, it is unlawful
It matters not if they have ever committed a crime.
The simple fact that laws have been enacted to supersede a Constitutional Right is Tyranny!
Should any person who has ever lied - lose their right to free speech? Does that sound silly? When they start writing laws like this, will you still think it's silly?
How about freedom of the press, unless you are a known Fox news correspondent. Still silly? Guess the White House Press Pool / Obama scandal didn't really get your attention either.
Was there not CRIME when the Bill of Rights was drafted? Of course there was, and violent crime to! Do you think the founding fathers were unaware of criminal behavior? Do you understand that the ONLY thing they truly feared back then was TYRANNY! And that is the first thing you get when asking the Govt for ANYTHING!
The people who chimed in on the right ------>>>
Are tyranny in waiting. They might not even know it themselves because you have to be one stupid SOB to think that there is ANY good reason to take a Constitutional Right away from anyone!
If you believe a Constitutional Right should be taken away for any reason, you are truly Anti-American. And if civil war ever comes again, you better hope all those Felons might be willing to pick up a gun and fight for YOUR right, to live!
The First and most important factor in all historical and successful Tyrants is disarming the people.
Would I fight for YOUR ----------->>>>
rights defined in the Constitution? Maybe you won't have to find out.
Some say that felons can't be trusted because they broke the law. Have you ever went over the speed limit, how about had a few drinks and drove home. People break laws all the time. Doesn't matter if you got caught or not. The law's the law right.
I spent fives yrs in prison thanks to my ex wife and her lying sister. I got out, got a job, got married, pay my child support each week, saved money, bought a house, and now I'm self employed making around 200k a year. So I'm not trustworthy or a productive citizen because I was in prison. Bullcrap. I accomplished all that in less than 10 yrs. Keep being scared of everybody all you people who think all felons are dangerous, you're playing right into the propagandists hands. I vote, I donate to charity to help people in need and I let my government employees know what I think. For those who can't comprehend what I mean. (It's my elected officials) Yes they work for me and everyone else. So yes I should have my second amendment right restored, they restored all my others.
You have a natural right to defend yourself and own a gun. No law can supersede that. The second amendment doesn't say your have the right to keep and bear arms unless your a convicted felon. They have the right to keep themselves and their family safe anyway they can. Anyway they will just get an illegal gun no matter what the law states. I carry my own gun to defend against anyone else and I suggest everyone do that.
Im not saying that its not a bad idea but a lot of convicted felons were in gangs once and probable have many enemies so we are just going to let someone who is just like you and me get killed just because you are scared of them carrying a gun to protect themselves?
Someone arrested for car theft or assault is fine. There should be some exam to see if they are truly rehabilitated. And finally, if it happens a second time, they are done. If they commit a crime with said gun, they should get in a LOT more trouble than had they done it without any gun.
I am a convicted felon for organized fraud. It seems ridiculous to me that I cannot own a gun even after all of my rights have been restored. I believe that if you commit a crime that involves the use of a gun, then you should lose the right to own a gun forever. However, if your crime has nothing to do with a gun, then why should I be excluded from the rights afforded to me in the constitution. Another problem is the exclusion of felons from voting after completion of the sentence. The restoration of your right to vote should be automatic at the completion of your incarceration (not probation). My reasoning is that I am still required to pay taxes, so I should be included in the voting base. Why is taxation without representation an accepted practice in our society for convicted felons. With the ever growing population of felons in this country, I believe that we should even form a pac to make our voices and concerns known and important in this country.
We call the first 10 Amendments of the Constitution the Bill of Rights for a reason, these are 10 things afforded to ALL Americans, not just those the government deems worthy. Let us also not forget that a majority of murder victims are in fact convicted felons (http://www.wnd.com/2013/03/most-murder-victims-in-big-cities-have-criminal-record/). All of those ex-felons that were killed had a God-given right to defend their lives, that was stripped from them for a debt that was already paid. Ex-Felons are people too. Should a 19 year old kid convicted of "stealing" his dads car forever forfeit their right to defend their life? Not only is this unreasonable it is wrong.
Prohibition, by its very nature CREATES crime, and never reduces it. Look at the prohibition of alcohol and marijuana for example. Making alcohol illegal didn't make drunks stop drinking, it made them criminals. Enterprising criminals used the fact that it was illegal to corner the market, inflate prices (due to associated risks), and all of this was unregulated.
Does marijuana being illegal stop people from buying, selling pot? Does the Speed Limit 55 sign keep your car at 55MPH? The point of those questions is to remind everyone, that we have all broken a law. Did the fact that the speed limit sign said 55 keep you from driving 60? Laws are written for those who would follow them, rendering gun control as a whole entirely ineffective.
Further prohibiting firearms from being lawfully owned and operated by a convicted felon puts the money in to the hands of a criminal who has no regard for the law. It creates an unnecessary black market. Rather than the good willed people of a professional gun shop profiting, criminals are...Because the law does not have any effect on those who do not regard it.
For those of you asking what I would suggest to curb violent crime in America I present this:
Enhance penalties for felons who use a weapon for an unlawful purpose, similar to Florida's 10, 20, life law (use a gun in the commission of a crime gets you 10 years, discharge it and you get 20, and if it hits someone its life). Laws do not deter criminals, penalties do.
I believe parolees should be able to own a fire arm as long as its not a violent crime that they r convicted of.just because we were convicted of a non violent crime doesn't mean that we shouldn't be able to protect ourselves from others who mean us harm or to just go target shooting or dear hunting
I think all you people who think that convicted felons shouldn't have guns are inconsiderate people. I'm 24 years old, I made bad decisions in my life when I was just 18 got 3 felonies for possession of drugs and controlled substance. I went to jail and knew that this isn't the life I want to live, I got out a born again christian, now married, kid on the way and want to protect my family. People that are saying no, put yourself in my shoes. Ask yourself, if someone broke into your house came in strong arm with a gun pointing at your wife, you would reach for your gun to protect her. Oh wait, that's right, I'm a felon, canit have one. Guy pulls the trigger and there goes your wife, there goes my kid, to late to call 911, they cut the phone line. Thanks for justice.
It is a constitutional right to keep and bear arms and shall not be infringed. Sometimes the justice system is not always fair to our citizens. If you get caught with a bag of pot in some states you are a felon. Gun control is anti American. The only people who shouldn't be allowed to own guns are the mentally ill.
If a first time offender of a non violent crime is found guilty of a felony, does that mean 30 years after the fact he or she does Not have the right to defend him or her self?,..What was a felony 35 years ago, may or may not be a felony today, and let's face it, given enough money, and weather the prosecutor plays golf with your attorney, the fact that your convicted of a felony should not be under the umbrella of ALL.. Felonies.
Who will judge the judges? Who are these people who say we felons should pay for the rest of our lives for some mistakes many of us made during the end of our childhood? I was convicted of burglary to an auto at the age of 17 (legally an adult in Illinois). Therefore I was housed in the adult correction facility, the local county jail, with 3 murderers, 2 child molesters, and multiple hardened drug trafficers from Chicago. All of the above mentioned individuals were also gang members. Some of these prisoners were high-ranking gang members, with titles like Regional Commander, Prince, and one man whose title was 5-Star Universal General. He was 6'6" and about 280 but luckily a nice guy. I was not raped or bullied or assualted. Amongst these men, however, I was educated, hardened and I became extermely violent and unpredictable. I got my first gun when I was 15. I didnt buy it in a gun shop. It was not registered. I stole it right out of someone's underwear drawer. It was a game to me. Now as an adult who has to carry around a felony convition from when I was 17, I wish I had the right to own a gun legally, to use my own money and buy one just to protect my family from burglers. maybe even terrorists. But I cannot go out and buy a registered gun. Maybe I should just steal one again. It would be unregistered anyway, no one would ever know I had it, then I could use it whenever I want without fear of reprisal. Get it? You cant stop bad guys from getting guns and using them. Taking all the registered guns away is the worst solution. Then you leave all the good people unprotected. and all the bad guys go ahead and try to take their guns. Good luck! If someone is convicted of a serious felony--murder, rape, home invasion, sex offenders, armed robbery--these peple dont need their rights restored. Let them rot far as I'm concerned. They dont ever need to see the light of day again. But the armed robbers, maybe home invaders, petty thieves, drug addicts, and small time crooks have become part of a second class citizenry, with no rights guaranteed to them by the Constitution--no gun rights, no voting rights and no right to the pursuit of happiness. How's that? You cannot get a good job, or rent a nice apartment, work with people or money or children, you cannot travel where you want or live a private life because all arrests are publically posted online along with pictures. I dont want pity, I just want results. I pay taxes, a lot of taxes, and you can bet I work damn hard for my meager wages, alongside of the other second class citizens. This country is going to hell fast and I'm going to need a gun to protect my kids...help!
Most everyone's arguments run the gamut of "a gun will tempt felons to re-offend", to "guns can cause massive damage" to "commit crime you wave your rights". Let me start by stating that I am a convicted felon. I am also a veteran, and a firm believer in America in general. Though I no longer have the "right" to keep and bear arms, I wholly support an individuals right to do so. Nobody-not governments nor individuals-have the right to take ANY right guaranteed by the bill of rights. Having said that, let's just look @ some of the arguments against us. As for guns tempting felons to re-offend? If the individual is desperate enough to commit crime, having or not having a gun won't make much difference. If they want to re-offend and not become a productive member of society, do you really think a law will stop him or her from getting a gun?
"Disregard for the law.... Shows a character flaw". I submit to you all, the Government of thr United States. Nuff said.
"Guns can do massive damage in the wrong hands". So does an automobile in the right hands. And yet, how many "chances" does a drunk driver get? I am no law expert, but it chaps my ass that someone convicted of drunk driving can get their "privilege" back after doing the lil dance and jumping through the hoops.
"Commit crime and waive your rights". NOT! How many ppl have told a lie? Or committed perjury? Should they loose their right to free speech? How about The Enquirer's right to freedom of the press?
It is easy to see the bad in ppl. I understand that there are some truly bad people out in the world. They have such a low regard for other people, you can legislate till the cows come home, you can't stop them from committing a crime. Those of us who have done our time, jumped through your little hoops and danced your little dances and are trying to improve our lives and become better people, give us a "carrot". Give us something to work for. Otherwise, what is the point? These restrictions do nothing to hinder or stop someone bent on breaking the law. They only hinder those of us who have chosen to abide by the rules society has imposed upon. Sorry, starting to ramble. Society says that they want us to "rehabilitate" and to come out and to become productive members of society. Step up and be true christians and mean what you say. There was another group of people who once dehumanized and deamonized another whole group of people. Said that they were useless, criminals, and basically scum of the earth. When you do that to another person or peoples, you really don't care what happens to them. They were called Nazis and they deamonized Jews, slavs, poles, gypsies, and criminals of every type. All in the name of "protecting society. Has the greatest country come to this?
If you want to restrict people with violent offenses fine. You cant generalize all felons the same thats a joke. As far as i know most people who are felons, drug dealers, and bad guys lol dont use there own gun to commit crimes duh!! You cant restrict peoples constitutional rights because you want to so a felon tax evader cant own a gun or vote or maybe you want to take guns from a guy who has a felony for littering right. I just feel you can generalize i think we stopped that when it came to women, african americans, Arabs.....
felons shouldnt have guns because they can and will retaliate and the results can be fatal if we let them have guns it will lead to dissisions that end up courrupting the goverment and ending the united states turning us into the courrupted states of america its a absolute no and i would never pass a law allwoing america to get in trouble i gaurntee if you let a felon have a gun he will be back in jail before bedtime so lets be smart about the dissision and not give killers and robbers or worse people a right to carry a gun
The fact that someone might obtain a gun somewhere else does not mean that we should give them permission to own guns after they have committed a crime. I believe they should be able to purchase bullet-proof vests, but the right to own guns should be given to normal citizens to defend against felons in defense. In case of a felony that was unrelated to violence or armed theft and didn't include a weapon, such as gambling or street racing, I believe that they should be reviewed and possibly given exception for self defense.
Even if the crime is something without a deadly weapon, I do not believe a felon should own a gun. They have committed crime before, and could do it again. I think giving committed felons guns is a terrible idea.
For what? So they could kill again? No, that's crazy. It's like handing meat to a lion. Of course the lion's going to want to eat it. They probably don't care about being locked up again. Why give them rights if they don't deserve them? They didn't feel sorry to do something bad and cause damage.
I'd rather keep guns out of the hands of individuals who repeatedly make poor choices. If you want your rights... don't steal, do drugs, harm others, etc... I'm not against an appeal process after a period of time (say 10 or 20 years), but ONLY for non-violent offenses.
sure, what is the worst that could happen? A felon with a gun? A person with a felonious past with a firearm? A person that obviously has made bad decisions in the past and been convicted of a felony and gone to prison (which is what the difference between a felony conviction and a misdemeanor conviction is people). To those of you that say, well not if it's a drug felony.... What? Seriously? LOL Because drugs and guns don't go well together? People make me laugh! So, we take away their rights to vote, but let them carry firearms? What sense does that make? Just the fact 74 percent of people here think convicted felons should be able to possess firearms is reason enough to want to overhaul our school systems!
Convicted felons should be restrained from carrying guns. This Americans have lost their rights to freely posses a firearm. Once a convicted felon has violated the law, he has waived his constitutional right stated in the second amendment.
Convicted felons should not be allowed to own guns, because they have already demonstrated that they are a danger to the community and usually a felony charge involves a dangerous weapon or a gun. If used improperly or by a person with bad intentions, guns are dangerous weapons and the felon has already proven that he or she has bad intentions by committing a felony.
Gun rights do not override the rights of the rest of us to live in a free and safe society. If you are convicted of a felony, you have demonstrated an inability to follow the law, thus you forfeit privileges afforded to those who obey the law. Chief among those privileges one forfeits is the right to own a deadly weapon. A deadly weapon coupled with someone with a felony equals disaster. IF the convicted felon can prove, over an extended period of probation, that they are law-abiding and mentally stable, then MAYBE the could earn that freedom back. But that's a big maybe. When you're convicted of a felony you forfeit the right to own a deadly weapon.
A convicted felon has already shown that they cannot be trusted to obey the laws of society. Giving them the right to a gun is giving a gun to someone who cannot be trusted to act in the best interests of all, and therefore more likely to use it to harm others or themselves.
I'm reading all these prior felons stating they can't own a gun because of mistakes from the past. I actually feel for them. Some have even asked for help of how to fix it. Well, here it is: Expungement. Expunge your felony record and voila, you can own a weapon. Too easy. Let the courts decide if you're okay to own a weapon again. If they decide you're not, there obviously is a reason. If they see that you've changed from years ago, they'll obviously let you.
If they have committed a felony in the past, it is likely that they will do so in the future.
It is very important that convicted felons are not allowed to own guns. These people are already a danger to society since they committed a felony or a crime before and these people need to have some restrictions, a very important one being access to guns. Guns in their hands can be very dangerous and will tempt a felon to commit new crimes.
I know quite a few felons and I would not give any of them the chance to even think about having a real gun. With a couple exceptions, most of the felons I know just want to get back at the people who they see that did them wrong. There are times when I've made some of those friends upset and believe me, if they had been carrying a gun on them, I would have been shot. They were locked up for a reason and they lost the right to complete freedom.
It's ridiculous to have a murderer leave jail on bail to come home to weapons galore, ready to strike again. Guns also aren't always used to kill, they show superiority and bring fear to those it points to. So should we let a sex offender have a gun to threaten a young girl into unwanted sex? No. Guns in general shouldn't be available to the public, they cause enough damage.
Convicted felons have already shown enough anti-social behavior that landed them on the wrong side of the law to begin with. Just because they've served their time doesn't mean they've changed for the better. With the way today's prison rehabilitation high recidivism rates are churning out felons who are worse coming out of prison than when they went in, it's totally asinine to consider ever giving these guys another chance to gain access to firearms. Think about why most felons go out of their way to get illegal firearms that they KNOW will land them back in the click; it's because they know they will use them to commit more crimes. If a convicted felon claims that it's for their personal protection, that's a prime indicator that they are still hanging around the same bad crowd that they learned their bad behavior from in the first place. Also, the fact that they will go out of their way to procure a gun illegally is another indicator that they don't respect any laws even when they're free from jail. So, no, convicted felons should not be allowed to own guns. That's just setting them up for failure.
Convicted felons have shown a disregard for the law and a flaw in their character and therefore should not be allowed to own guns, as a gun can do a huge amount of irreversible damage in an instant and someone who has shown character flaws may make a bad judgement in a short space of time.
Think about it... Why should prisoners have rights if they had forfeited their rights the moment they broke the laws? If we reinstate the rights to bear arms, how do we know they won’t abuse the rights again and break the laws? If they did it once, how do we know they wouldnt do it again.
Alright if we grant a person the right to own a machine that can kill people in less time than they can defend themselves to people who have a history of illegal tendencies we are asking for trouble! We can not allow just any person to buy a gun. That is the logical solution.