Should a felon have his 2A rights restored on release?

This is a discussion on Should a felon have his 2A rights restored on release? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; We've had this discussion here... as a variant of "shall not be infringed." Here's a case of a felon who apparently served his time, shooting ...

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Thread: Should a felon have his 2A rights restored on release?

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    VIP Member Array oakchas's Avatar
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    Should a felon have his 2A rights restored on release?

    We've had this discussion here... as a variant of "shall not be infringed."

    Here's a case of a felon who apparently served his time, shooting someone else in self defense.

    He appealed his conviction, and lost the appeal... And, because of his status as a felon, of course he could not have the handgun to begin with... (And UBC's wouldn't have kept him from getting the gun)

    So now, the taxpayers are supporting him in prison... is that the way it's supposed to be?

    Story here

    Discuss?
    american23 likes this.
    Rats!
    It could be worse!
    I suppose

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  3. #2
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    Yes, he should have his rights restored if he served his time. Prohibiting guns from felons, and then misdemeanors of domestic violence is just another step towards a total gun ban.
    stylus, CIBMike, TRX and 5 others like this.
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    Senior Member Array GWarden's Avatar
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    Law is the law. A convicted felon can request his rights restored after a period of time. Best thing is not to break the law to begin with. If you do, there's consequences.

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    One of the things we all learned in C/C Classes: Do not hang in parts of town where you know there could be trouble. It is illegal to be in a drinking establishment/liquor store with a weapon (at least in my state of Kansas)--yes--no proof the guy was in the bar at anytime--but he probably was.
    Here's the way I see it: (I would bet the defendant has a larger record over his lifetime than what this article lets on). The defendant probably carries the weapon because he hangs with a bad crowd in troublesome parts of town. In other words--he himself is prone to criminal activity. He is a convicted felon. Law states he cannot have a weapon--period. If I were a judge I would be asking questions about the defendant's criminal background, conduct while in prison, whether the defendant has a regular job, child support records, and so on. If the records show the defendant to be a general scumbag, that would be it for me, to prison he goes. If he has been upstanding, I would definately consider different options. I am too damn long-winded here. But I think you get my drift. Conceal/Carry is a right for Law-abiding, upstanding citizens only.

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    Member Array keboostman's Avatar
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    No. Forfeits rights when committing the felony. May have rights reinstated after some period of trouble-free living and formal adjudication. Insofar as domestic violence, it depends on the circumstances. Court should have the option during penalty phase.
    Warrior1256 and geneous like this.

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    VIP Member Array ghost tracker's Avatar
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    Taken as an individual case, yes. Evidence provided would suggest THIS man and our nation would benefit from reinstatement of his gun rights. Yet, when taken as a whole, I advocate the forfeiture of gun rights to convicted felons. Play bad games = win bad prizes.
    RickyD, Arborigine, GH and 1 others like this.
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    Ex Member Array stylus's Avatar
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    Quote Originally Posted by keboostman View Post
    No. Forfeits rights when committing the felony.
    So an illegal u-turn on a freeway = lose of gun rights and voting for life? That's not right. It should be changed.
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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by GWarden View Post
    Law is the law. A convicted felon can request his rights restored after a period of time. Best thing is not to break the law to begin with. If you do, there's consequences.
    To what degree do you take that? (Law is the law)

    You get a speeding ticket, you can legally drive again, "after a period of time," even though you've paid the fine (and thus admitted guilt).

    And yet, in most states; if you are convicted of DUI manslaughter... After you get of jail for that particular felony, you can purchase a car, get drunk and kill again... Should we use "Law is the law" to make that okay?

    Once you've done your time, haven't you paid you debt to society? Shouldn't you have the basic "human right" to self defense?

    "But he had that right, to self defense, he just couldn't have a gun to exercise it with." But he could have a screwdriver, a knife, or a tire iron, that would be okay?
    Rats!
    It could be worse!
    I suppose

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    Ok so we have a felon convicted of drug possession/sale/manufacturing or whatever and is prohibited from having firearms.

    He is at a bar steps out and a chain of events happen and he shoots and kills someone in self defense. Obviously this guy has no remorse about breaking the law in the first place. Secondly he has no remorse about breaking the law again by having a gun and now he should have his gun rights restored? Not hardly.

    Let's rewrite this for a moment.

    A man with prior drug offenses robbed at gunpoint an elderly man and his wife outside wal mart last night. As a convicted felon the suspect was not allowed to possess a firearm but he somehow managed to obtain one. People on this forum would be having a field day with this. See a felon can get a gun anywhere, see they have no respect for the law to begin with and so on.

    Give me a break. If when he serves his time he wants his rights restored he can petition the court and attempt to get them back but I bet when he gets released he does not even make the attempt. He will simply obtain another gun and carry on.
    mg27 and Warrior1256 like this.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    So an illegal u-turn on a freeway = lose of gun rights and voting for life? That's not right. It should be changed.
    Stylus where do you come up with this stuff? What has an illegal U turn on the freeway have to do with gun and voting rights? A convicted felon that is in illegal possession of a gun is at the opposite side of the universe from an illegal U turn.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    Senior Member Array 19Kvet's Avatar
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    The system right now is that a felon's "debt to society" for any given felony can never be paid. Only the removal of the felony through expunment can restore a felon's full civil rights.
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    Quote Originally Posted by stylus View Post
    So an illegal u-turn on a freeway = lose of gun rights and voting for life? That's not right. It should be changed.
    I'm just curious, is an illegal u-turn actually a felony?

    Sent from my HTCONE using Tapatalk
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    I'm just curious, is an illegal u-turn actually a felony?
    Thank goodness I am not the only one
    GH and Warrior1256 like this.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    I think the problem is that the definition of felony is far too broad and easily applied. There's a big difference between a cc'er getting slapped with a felony for accidental violation of carry law, and the felon that shot and killed someone during a robbery. This term, or a new term should be created to identify violent criminals.
    packinnova likes this.
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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by tacman605 View Post
    Ok so we have a felon convicted of drug possession/sale/manufacturing or whatever and is prohibited from having firearms.

    He is at a bar steps out and a chain of events happen and he shoots and kills someone in self defense. Obviously this guy has no remorse about breaking the law in the first place. Secondly he has no remorse about breaking the law again by having a gun and now he should have his gun rights restored? Not hardly.

    Let's rewrite this for a moment.

    A man with prior drug offenses robbed at gunpoint an elderly man and his wife outside wal mart last night. As a convicted felon the suspect was not allowed to possess a firearm but he somehow managed to obtain one. People on this forum would be having a field day with this. See a felon can get a gun anywhere, see they have no respect for the law to begin with and so on.

    Give me a break. If when he serves his time he wants his rights restored he can petition the court and attempt to get them back but I bet when he gets released he does not even make the attempt. He will simply obtain another gun and carry on.

    Okay, but then explain to me why a felonious negligent homicide under DUI allows you to purchase a car and drive it legally, giving you every opportunity to use that vehicle in an illegal manner and kill again... Driving is not a protected right... owning a car is not a protected right... But, you can kill someone with a car while drunk... do 5 years... get out, buy a car and do it all over again... And, if you start young, you could conceivably do this several times over your lifetime...
    Rats!
    It could be worse!
    I suppose

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