VA Supreme Court rules on felons and guns

VA Supreme Court rules on felons and guns

This is a discussion on VA Supreme Court rules on felons and guns within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; PilotOnline.com: Virginia and Local news for Hampton Roads, Va., from The Virginian-Pilot RICHMOND, Va. (AP) -- The state Supreme Court ruled Friday the courts have ...

Page 1 of 4 1234 LastLast
Results 1 to 15 of 47
Like Tree11Likes

Thread: VA Supreme Court rules on felons and guns

  1. #1
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,143

    VA Supreme Court rules on felons and guns

    PilotOnline.com: Virginia and Local news for Hampton Roads, Va., from The Virginian-Pilot

    RICHMOND, Va. (AP) -- The state Supreme Court ruled Friday the courts have the sole discretion in Virginia whether felons who have served their time can have their firearm rights restored.
    The justices wrote that Kaine and McDonnell correctly exercised their constitutional authority in restoring political rights, and properly referred the question about the rights on firearms to circuit courts.
    The justices said the lower courts erred in concluding that the governors' actions precluded them from acting on rights involving firearms.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!


  2. #2
    Senior Member Array DaveJay's Avatar
    Join Date
    May 2010
    Location
    Northern VA
    Posts
    536
    It's stuff like this that keeps here in the Old Dominion...decisions like this kept at the lowest level...
    VCDL Member
    "Let us speak courteously, deal fairly, and keep ourselves armed and ready."
    Theodore Roosevelt

  3. #3
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,638
    Here is an interesting twist to this. Even if the state restores the individuals right, it does not over ride federal law. The person is still a convicted felon and prohibited federally.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

    USAF Retired
    NRA Life Member

  4. #4
    Distinguished Member Array tangoseal's Avatar
    Join Date
    Feb 2009
    Location
    Near Hotlanta!!
    Posts
    1,340
    Quote Originally Posted by archer51 View Post
    Here is an interesting twist to this. Even if the state restores the individuals right, it does not over ride federal law. The person is still a convicted felon and prohibited federally.
    Felon or no Felon you are prohibited by federal law to carry a firearm on federal property.
    "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

  5. #5
    VIP Member Array blitzburgh's Avatar
    Join Date
    May 2012
    Location
    Coastal SC
    Posts
    3,738
    The laws about felons not being able to vote or bear arms have always bothered me. Of course one cannot cast a vote or bear arms while in prison but once you've 'paid your debt to society' all rights should be restored.

    20 years ago my uncle committed a felony, served his time and still can't own a weapon to protect himself or his family. I see something very wrong with that picture.
    Sent from my palm device
    Crowman likes this.
    "Rebellion against tyrants is obedience to God." - Benjamin Franklin
    "Experience: that most brutal of teachers. But you learn, my God do you learn." - C.S. Lewis

  6. #6
    Senior Member Array ntkb's Avatar
    Join Date
    Jul 2008
    Location
    Detroit Michigan
    Posts
    679
    When you are done doing your time and released from the system you are expected to become a citizen, if you become a citizen then you should have the same rights as a citizen. On the other hand if you can’t be trusted out and about with a gun than you should stay in the lock up.
    1911 when a follow up shot just isn't an option

  7. #7
    Senior Member Array Rotorblade's Avatar
    Join Date
    Oct 2006
    Location
    SurfCity
    Posts
    541
    Don't know what your uncle did, but with some violent crimes the victims life may be changed forever.Knowing the perpetrator served his time doesn't always make the victim whole again.
    I guess it could be a little different if it was a nonviolent felony.
    Sent from my SAMSUNG-SGH-I997 using Tapatalk 2
    To sit back hoping that someday, some way, someone will make things right is to go on feeding the crocodile, hoping he will eat you last - but eat you he will.
    Ronald Reagan

  8. #8
    Distinguished Member Array noway2's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    1,890
    Quote Originally Posted by Rotorblade View Post
    Knowing the perpetrator served his time doesn't always make the victim whole again.
    No amount of sitting in a cage is going to achieve this. Putting someone in a cage isn't going to accomplish much at all.
    That being said, generally speaking, once they've served, rights should be restored.

  9. #9
    VIP Member Array blitzburgh's Avatar
    Join Date
    May 2012
    Location
    Coastal SC
    Posts
    3,738
    Quote Originally Posted by Rotorblade View Post
    Don't know what your uncle did, but with some violent crimes the victims life may be changed forever.Knowing the perpetrator served his time doesn't always make the victim whole again.
    I guess it could be a little different if it was a nonviolent felony.
    Sent from my SAMSUNG-SGH-I997 using Tapatalk 2
    It was nonviolent.

    Sent from my palm device
    "Rebellion against tyrants is obedience to God." - Benjamin Franklin
    "Experience: that most brutal of teachers. But you learn, my God do you learn." - C.S. Lewis

  10. #10
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    16,620
    Perhaps some "2 strike" rule; permanent loss of rights following a second felony conviction?
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  11. #11
    Senior Member Array CanuckQue's Avatar
    Join Date
    Jun 2011
    Location
    Maritimes Canada
    Posts
    1,141
    I'd prefer felons be allowed to vote, mainly because it helps them re-integrate into society. It gives them a political voice, and an incentive to be politically educated. If you're afraid of the consequences of the swing vote effect of felons (< 1% of society), then your political system is already in deep trouble. Plus, if a felon actually disagrees with a law (the one they were convicted of), then they should be allowed to at least express that opinion via a vote. A felon who feels their 2A was violated (and resulted in their arrest) should be able to support a friendly candidate.

    I like going through the bill of rights and figuring out which other inalienable rights should be removed from ex-felons. I mean, there's a lot of people who agree with losing the right to vote or bear arms. How about losing the future right to council, or losing the future right to double jeopardy? How about losing the right to not having soldiers quartered in your house?

    I betcha losing the right to refusing quartering soldiers would be way more of a (pre-criminal act) deterrent than losing your vote!
    Our current plan for Universal Iron Lung coverage, just sayin'.
    Wisest. Retirement. Plan. Ever.
    Good thing the March of Dimes worked. How, why?

    Alternately, for those with a tool shed, ideas, or creative loved ones to tell..


  12. #12
    Moderator
    Array gasmitty's Avatar
    Join Date
    Jun 2007
    Location
    Gilbert, AZ
    Posts
    10,615
    I'll buck the tide here. Since nearly forever, being convicted of a felony meant you lost many rights of citizenship, among the most important the right to vote, permanently. That's just one of the prices of committing serious criminal acts, and I feel strongly that it needs to remain that way. Serving time in prison is just part of the punishment, not the only punishment.

    What I do disagree with is that so many statutory violations and "lesser" criminal acts have been bumped up to felony status. I don't think a guy who got busted for holding an ounce of weed needs to lose his civil rights forever, but I do believe a child molester and a Bernie Madoff thief DO.
    Smitty
    NRA Endowment Member

  13. #13
    Member Array Ionracas's Avatar
    Join Date
    Jul 2012
    Location
    Tennessee
    Posts
    459
    If I may throw this out there, pedophiles seem to get released from prison all the time. Does anyone honestly think for a moment that they should have ANY rights restored?

    I am not saying there are not crimes in which serving time is enough punishment. Aside from misdomeanor or felony until there is more to distinguish one criminal from another, its a bit arrogant to say, "rights should be restored."

    Dont get me wrong, people do change and some diserve a second chance. Some dont diserve anything in my opinion. But if you allow some to have their rights restored, then you have to allow them all. Our crimminal justice system needs an overhaul but until then any differential treatment of one to another will just have the bleeding hearts screaming.
    "The thing about quotes on the internet is that you can not confirm their validity."
    -Abraham Lincoln

    "A person is smart. People are dumb, panicky. dangerous animals."
    -Agent K

  14. #14
    Ex Member Array Adrenaline's Avatar
    Join Date
    Sep 2012
    Location
    United States
    Posts
    138
    Certain crimes are so violative of our space and psyche that once the line has been crossed the person can never be trusted again. I lump pedophiles, rapists, murderers, serial killers, and those who torture their victims in this group (I'm sure there are others but these immediately come to mind).

    If you accept the above the question then becomes what felonies are deserving of having rights (and what rights) restored? In my mind the onces listed above are such an affront to society that they would not be released from prison and thus figuring out what rights they might have restored is moot.
    Ionracas likes this.

  15. #15
    Senior Member Array CanuckQue's Avatar
    Join Date
    Jun 2011
    Location
    Maritimes Canada
    Posts
    1,141
    I don't like the way the question is phrased "deserving of having rights (and what rights) restored". You don't deserve rights; they're not privileges. Taking away a right should be done as carefully and as briefly as possible, and should not be taken away except for the best of reasons.
    Our current plan for Universal Iron Lung coverage, just sayin'.
    Wisest. Retirement. Plan. Ever.
    Good thing the March of Dimes worked. How, why?

    Alternately, for those with a tool shed, ideas, or creative loved ones to tell..


Page 1 of 4 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can a ex felon own a shotgun in virginia
,
can a felon get gun rights back in va
,

can a felon get gun rights back in virginia

,
can a violent felon get gun rights back in va?
,
does a convicted felon have the right to protect himself in his own home in va
,
how can a felon get his gun rights back in virginia
,
how does a felon living in virginia get his gun rights back
,

how to get gun rights back in va

,

how to get gun rights back in virginia

,

how to get your gun rights back in virginia

,
restoration of right to bear arms in virginia
,
rules for felons in va
Click on a term to search for related topics.