How about gun rights?

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Thread: How about gun rights?

  1. #1
    VIP Member
    Array DaveH's Avatar
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    Question How about gun rights?

    Roanoke Times, Roanoke, Va

    McDonnell plan: Process to restore voting rights to be sped up - Roanoke.com

    McDonnell plan: Process to restore voting rights to be sped up
    By Julian Walker | The (Norfolk) Virginian-Pilot

    Ex-felons who have fully paid their debt to society and properly submitted an application to regain voting rights will receive a decision on their request within two months, instead of the current response time of six months or more, under a plan Gov. Bob McDonnell announced today.

    And they won't be required to write a separate letter to the state detailing the personal actions they've taken to turn their life around. When McDonnell's administration weighed the idea of a letter recently, the proposal drew protests from civil-rights and voter advocates -- they likened it to literacy tests of old intended to bar minority voters from the polls.

    McDonnell also announced that the waiting period for nonviolent offenders to apply will be reduced.

    For violent felons and those convicted of drug offenses, the application process will remain much as it is now. Among the requirements are a letter from the applicant, three reference letters and a five-year waiting period.

    Restoration laws vary from state to state, but Virginia and Kentucky are generally viewed as having the most restrictive rules in the land because a pardon is required to regain the ability to vote, whereas the process is more automatic in many other states.

    McDonnell aides reject that characterization of Virginia's process, while asserting that their changes will improve the system.

    They note that the expedited process they've proposed could result in ex-felons earning back their rights more quickly than their counterparts in some states that have so-called automatic restoration policies.

    McDonnell's plan also shortens the amount of time all felons whose applications are rejected must wait to re-apply.

    The goal is to increase access to the system, said Commonwealth Secretary Janet Polarek, who explained that the enhanced restoration process is intended to work in tandem with the governor's recently announced prisoner re-entry initiative.

    It's an idea McDonnell, a former Virginia Beach prosecutor and past attorney general, has championed for at least 10 years going back to when he supported a 2000 law change that established a system to notify ex-felons they'd forfeited their rights and advise them how to apply to get them back, Polarek added.

    Her office will spearhead "an aggressive approach" to reviewing applications and contacting by letter, telephone and e-mail those who submit incomplete applications. Polarek said that's different from previous administrations, which had a more "laissez faire" attitude about following up with people who submitted partially completed forms.

    Under the revised process, restoration applications also may be submitted electronically.

    And McDonnell will appoint a working group featuring officials from his administration; community leaders; and representatives from the State Police, Corrections Department, Department of Motor Vehicle and clerks of court to work out any kinks in the new system.

    Polarek said that McDonnell has the authority to make many of the proposed changes, but she didn't rule out legislation if necessary.
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    Distinguished Member Array tangoseal's Avatar
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    I personally think the ability to have your rights to keep and bear arms, vote, etc.... should be reviewed based on the particular felony committed.


    I.e. someone who gets caught for Tax Evasion and does their time is not a violent person and should regain their rights if they prove rehabilitated.

    A person who did a violent crime should never regain the right to bear arms again. Unless that violent crime was in defense of their or someone else life in which maybe it was outlawed action at the time.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    Quote Originally Posted by tangoseal View Post
    I personally think the ability to have your rights to keep and bear arms, vote, etc.... should be reviewed based on the particular felony committed.


    I.e. someone who gets caught for Tax Evasion and does their time is not a violent person and should regain their rights if they prove rehabilitated.

    A person who did a violent crime should never regain the right to bear arms again. Unless that violent crime was in defense of their or someone else life in which maybe it was outlawed action at the time.
    I agree, this is the way it should be.
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    Definitely agree with the comments on non-violent felons. No reason to disarm them just based on that.

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    Ditto on the non-violent felonies. A crime involving violence? No way.
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    Maybe I should have voiced my opinion from the get-go.

    I don't like the focus on "voting rights" alone. IMHO, it panders to manipulation for the sole objective of political vote-getting and partisan party driven agendas.

    Felons (and those convicted of some misdemeanors) can lose any number of rights and privileges -- differing from State-to-State and some times depending on whether the crime occurred in-State or in another State. Then there is the problem of "what is a felony" -- which also various from State-to-State. In some States a simple overdraft is a felony. In others it is a civil matter -- unless the intent to defraud is proven. Look at where we are on anti-pot State law/enforcement. Etc.

    I think the State should set up a unified process to restore all lost rights and privileges through the same process and that process should be administrated by the same folk/unit/organization -- to have some hope of consistency.

    By that I include restoration of the the right to vote, the right to serve on juries, the RKBA, etc and various privileges such as the privilege to run for office, the privilege to practice/be employed in various occupations/professions/etc -- if lost by that State's Laws.

    Now I agree that different criteria should be the bench marks for various rights and privileges. Yes, the ability to have your rights to keep and bear arms, vote, etc should be reviewed based on the particular felony/misdemeanor committed -- and also based on a rational set of circumstances documented for each right or privilege.

    We need to have a rational set of rules and bench marks set and applied constantly.

    A man who confessed to misdemeanor harassment but never done anything violent should have his RKBA restored, IMHO. A minor convicted of "sexting" a pic of herself, at age 12, might not be approved to teach, or likewise a con man might not be given a brokers license -- but why should either not licensed to be a tattoo artist or a nail technician? A non-violent tax evader or con-man should have his/her rights to vote, his/her RKBA, etc restored, once he/she has paid their debt to society but denied licenses to a licensed occupation that would put them in a position to defraud again.

    Also, OTOH, sentences should fit the crime and be served in full.

    What we have now are violent criminals turned lose on more victims w/o paying for the crime -- while others who have paid their debt to society continue to pay through a mis-mash of laws and regulations.
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    VIP Member Array ctsketch's Avatar
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    Quote Originally Posted by msgt/ret View Post
    I agree, this is the way it should be.
    +1!
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    Editorial -- Richmond Times-Dispatch

    Voting Rights: McDonnell to China | Richmond Times-Dispatch

    Voting Rights: McDonnell to China
    By Staff Reports
    Published: May 22, 2010

    If Tim Kaine had done what Bob McDonnell just has, liberals would be clapping him on the back and right-wingers would be screaming bloody murder. Lowering the hurdles between ex-cons and the restoration of their voting rights is something you'd expect from a bleeding-heart liberal, not an ex-military conservative.

    McDonnell's proposal doesn't go as far as civil-rights and civil-liberties groups would like. They'd prefer to see felons regain their voting rights when they walk out the prison gates, as they do elsewhere. Virginia's requirement that felons petition the governor presents a steep barrier, and there certainly is a reasonable argument to be made that a convict who has served his time has paid his debt to society -- so society should not continue punishing him after his release.

    On the other hand, felons face other infringements on their rights and liberties long after incarceration. Unless advocates are prepared to argue that felons ought to be relieved of all such restrictions, then they have a harder job making the case that they should be relieved of only some of them.

    Regardless, expediting the appeals process makes good sense. Applicants deserve a quick yes or no. They shouldn't be left in bureaucratic limbo. The McDonnell administration deserves credit for improving the restoration process. Like Nixon going to China, it's something that a liberal Democrat would have taken a lot more heat for, regardless of the merits. Let's hope it also indicates that McDonnell is open to the restorative model of justice -- which offers promise as a means of breaking the cycle of crime and repairing society by reintegrating offenders.
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    Quote Originally Posted by DaveH View Post
    Also, OTOH, sentences should fit the crime and be served in full.
    I think any sentences should also require full financial restitution to an individual or company, as well as what ever jail time is required. If a con man swindles someone for $500,000. His sentence is not fulfilled until prison time is served and the money is paid back. If someone steals a car, the jail time and the price of the vehicle.
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    I'm with DaveH on this, each case must be look at on it's own merits.
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    Many of today's felons have a gun as soon as they leave prison...don't need no stikin' restoration process.

    Non-violent felons, perhaps after a few years of being a citizen of good standing with a permanent job...RKBA could apply.

    All other felons, never again...
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    Senior Member Array jem102's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Many of today's felons have a gun as soon as they leave prison...don't need no stikin' restoration process.

    Non-violent felons, perhaps after a few years of being a citizen of good standing with a permanent job...RKBA could apply.

    All other felons, never again...
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    Quote Originally Posted by archer51 View Post
    I think any sentences should also require full financial restitution to an individual or company, as well as what ever jail time is required. If a con man swindles someone for $500,000. His sentence is not fulfilled until prison time is served and the money is paid back. If someone steals a car, the jail time and the price of the vehicle.
    Absolutlly!

    I didn't say it but I agree that "once he/she has paid their debt to society" includes all debts of financial restitution.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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