Should a "felony" really cost someone their "rights?"
This is a discussion on Should a "felony" really cost someone their "rights?" within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; For the record, I have never been convicted of any crime, misdemeanor or felony, so I have no dog in this fight personally.
What is ...
June 22nd, 2007 02:06 PM
Should a "felony" really cost someone their "rights?"
For the record, I have never been convicted of any crime, misdemeanor or felony, so I have no dog in this fight personally.
What is a "felony?"
Are these really legitimate reasons to deprive people forever of their rights?
Suppose some 17 year old high school kid finds out a friend's password and logs onto his My Space social networking site account and makes some funny changes in the profile, maybe substituting a picture of a pig's rump for his buddy's senior portrait photo. That's computer trespass. Felony.
Distill your own Bourbon? Felony.
Bounce a check for the rent, over $500. Felony.
Had a joint on school grounds when you were a senior in high school? Felony.
Sell the fake Gucci purse your wife bought in Mexico at your garage sale? Felony.
June 22nd, 2007 02:24 PM
Add to that list that if you take a pee outside against your truck or a tree it is public exposure and thus a crime listed on the sexual offender registry.
June 22nd, 2007 02:28 PM
Depends on the charge, some make perfect sense, some don't.
IIRC, you can pettition to have your rights "reissued"
June 22nd, 2007 02:34 PM
I think that a true Felony should be able to limit an individual's use of their rights (note: I say limit, not remove).
But..I think that the number of crimes that qualify as felonies is pretty much insanely out of control.
A felony should be a crime that has a specific victim.. not this crap where if you steal X amount from your company its a felony. That is a silly reason (in my opinion) to strip someone of their rights.
Violent crimes, rape, assaulting elderly, children, disabled, murder.. those type of crimes should be considered felonies.
Computer crimes, ID theft, 'victimless' crimes like embezzeling, drug crimes, etc.. should not be felonies on their own.
June 22nd, 2007 02:34 PM
The general rule is that a felony is any crime that could be punished with more than one year in the clink.
Dude might not GET more than one year; might in fact get 6 mos. probation.
Might get 3 mos. in the slammer and 6 mos. probation.
But if the statute that sets forth the punishment for the crime allows a sentence of more than a year in the clink for it, it's a "felony".
In some states (Mississippi is one, I think), you can get convicted of a misdemeanor, get put on probation for less than a year, and if you violate probation, you get to go to prison for more than a year.
Does that make the underlying crime a felony? Does make probation violations felonies?
Don't know, except to say that you shouldn't violate probation in Mississippi.....
"...bad decisions that turn out well often make heroes."
Gary D. Mitchell, A Sniper's Journey: The Truth About the Man and the Rifle, P. 103, NAL Caliber books, 2006, 1st Ed.
June 22nd, 2007 03:27 PM
In my less responsible days, I was once caught going pee in a back alley in Olympia Washington (in my defense, I really had to go). A female bike officer got the drop on my buddy and me, and it was pretty darned embarrassing. No felony, no sex offenders list, just a ticket and an earful.
(My buddy had yet to start, and managed to get everything tucked away pretty quickly, so he avoided any consequences…lucky SOB.)
As a side note (and one that has been discussed before): how about that Lautenberg Amendment, huh? There’s a piece of poorly worded, over-reaching crap if ever I saw one…
A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.
June 22nd, 2007 04:26 PM
I don't care if people convicted of violent felonies ever get their rights back. At the same time I'll bet every one of us here as unknowingly done something that can be construed as a felony. I don't think someone who opens their neighbor’s mail should be stripped of their rights for ever.
In fact some misdemeanors in my opinion are worse than some felonies. Getting tanked at the bar and driving home in most cases is a misdemeanor. You might lose your license but you can still buy a gun. In fact in MO you can have 2 DWIs and get a concealed carry permit. Sell stock based on something that would be considered "insider information" and lose your rights for ever. In my estimation drunk driving is the greater social ill but the law doesn't think so.
So I'm in favor of after a period of time letting people convicted of SOME felonies be full American Citizens again.
"Some people go to bed with Lucifer..........then cry, cry, cry when they don't greet the day with God."
June 22nd, 2007 05:11 PM
Yes, I think that it is perfectly reasonable to take away a person's rights as part of the punishment for committing serious enough crimes. No, I don't think that all the things that are felonies today should be on that list.
As an aside, it is pretty much SOP for felons to have their rights reinstated after they have served their time and demonstrated that they can function in polite society.
June 22nd, 2007 05:21 PM
Felony has become an over-used label for many crimes ... way too many. Leaving aside the onvious top of the list true felonies - there are many things that this justice system sees as way more than they really are - in fact misdemeanor would be way more appropriate.
Trouble is the blanket policy of - felony = no guns, is way out of touch with reality. Assessment should be made on a case by case basis, in the way more marginal felonies ........ and it would probably be possible to permit many individuals (now castigated) the lawful and safe right of defence after they have paid their debt.
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
- a portal for 2A links, articles and some videos.
June 22nd, 2007 05:37 PM
I think Americans 'should' always have 2nd Amendment rights (except of course while imprisoned, etc.)
It seems to me that the real problem is that sentences are far to light... convicted of murder and released in 10 years? If we simply executed felons when appropriate and kept the others in prison much longer, then people convicted of felonies could ideally retain their RKBA after paying their debt to society.
We would have to adjust the length of sentences until it is long enough to keep felons from doing repeat business. Just keep jacking it up until the average felon lives the rest of his life crime free.
How does it make sense to say "You've served your time and we're going to release you" and at the same time strip them of their RKBA because they're "too dangerous to possess a firearm."
Well, EITHER THEY ARE OR THEY AREN'T.
If they're too dangerous to have a gun, I don't want them out in society.
Once they've truly paid their debt, I want them to have all their rights just like everyone else.
June 22nd, 2007 05:43 PM
Violent and sexual offenders should lose their life, not their rights. All else, once your done with your time or paid your fine, you should re-enter society with all rights and privileges. Commit a second offense in the same crime category = removal from gene pool.
'The assailant chooses the time, location and method of attack.
Since they are unlikely to let you know ahead of time when, where and how violent they're going to be, you should always be prepared.' - matiki
June 22nd, 2007 05:46 PM
Originally Posted by stanislaskasava
June 24th, 2007 08:39 AM
"""Computer crimes, ID theft, 'victimless' crimes like embezzeling, drug crimes, etc.. should not be felonies on their own"""
Lets say you and your wife worked Hard for 65 years to
retire . and Then lets say ,I steal you ID, all your Savings,and run you in the
Hole 50K ......would you think it should be a Felony?
Pluse .... shortly after you die as a begger, I should get out of jail
and get back all my rights ???
Just asking ?
When outnumbered 2 to 1.
June 24th, 2007 11:59 AM
If you commit a felony, ye loose them all. There are processes to get them back. If the powers that be deem you ok to have them then so be it.
"May God have mercy on my enemies, because I won't."
General George Patton
June 24th, 2007 06:37 PM
Persons convicted of non-violent/victimless crimes should have their rights restored after the full sentence time has passed. A second offence should result to all rights removed.
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