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NC Supreme Court restores felon's gun rights

This is a discussion on NC Supreme Court restores felon's gun rights within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; If the justice system worked correctly, we wouldn't have to debate about whether or not felons should have gun rights. I'm of the opinion that ...

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Thread: NC Supreme Court restores felon's gun rights

  1. #121
    Senior Member Array GeorgiaDawg's Avatar
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    If the justice system worked correctly, we wouldn't have to debate about whether or not felons should have gun rights.

    I'm of the opinion that a good justice system should allow for former criminals to have their rights restored upon serving their sentences.
    "For by grace you have been saved through faith. And this is not your own doing; it is the gift of God, not a result of works, so that no one may boast." - Ephesians 2:8-9

    “The purpose of the law is not to prevent a future offense, but to punish the one actually committed” - Ayn Rand


  2. #122
    VIP Member Array oakchas's Avatar
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    I know, this is an ancient thread...

    Should a felon get his rights back once his incarceration is done?

    Hmph.

    According to the government, in the study test for citizenship, anyone who lives in the US has the right to arms... Doesn't have to be a citizen, just has to live in the US.

    Of course, a prisoner, in jail, "lives" in the US... Hmmmm...

    Just thinking out loud...
    Rats!
    It could be worse!
    I suppose

  3. #123
    Member Array jbglock's Avatar
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    1. As an leo in NC I thank you for this. It is something I need to review as it is something I charge frequently.
    2. Now my opinion. My opinion is not law. It is just my opinion. Truth time. You can't argue much of what I say because I'm going to tell you the truth.

    People do not pay their debts to society. Most people I deal with that commit murder are back in less than 2 years. Everyone pleas just about everything down. Is there even one person that thinks less than 2 years for murder is a paid debt?

    Some sentences will never equal a paid debt. There is no way you can pay back a rape that changes a person for the rest of their lives. That causes them to live in fear until the day they die. There is no way you can pay back a murder. You've ended that persons ability to contribute to others, love others, be loved, worship, work, love their family, be a friend, everything! Tell me how you pay that back ever. How about the 19 year old that raped his 11 year old brother? This was his second conviction. He previously sexually assaulted his 6 year old step sister. What will it take for him to pay it back? Yes I sat in court sick to my stomach during his plea.

    Some felons are not a danger to society after they serve no time (happens frequently) or little time. Some learn their lesson the first time. In NC larceny by tampering with an anti theft or inventory control device is now a felony. An example of that are the three 16 year old girls I charged with felonies for removing CD's from their packaging at a local store (the packaging had those little metal strips that set off the store security alarm). I haven't had any more problems with them and feel they learned their lesson. But who decides? Me? You? The same courts that are so broken down that a habitual dui convict will serve as much time or more than a murderer?

    The process if their is one to get your rights back if you are a felon should be length and involve a period of time without convictions of any type IMO. I had a rapist in town that raped one of his male friends at knife point once fresh out of prison. Which one of you (I dare even one of you to say you will) would want him as your neighbor and legally in possession of a firearm the next time he has "served his debt" to society. You can say well he shouldn't be released if he isn't to be trusted with full rights but the reality is that is not how it works. I doubt our founding fathers would have ever supported some of the things being held out as the truth here.
    NotMallNinja and tricolordad like this.

  4. #124
    Senior Member Array highvoltage's Avatar
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    There are a lot of studies about recidivism rates among former prisoners. You could research for years.

  5. #125
    VIP Member Array oakchas's Avatar
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    Jbglock,

    I agree.
    Rats!
    It could be worse!
    I suppose

  6. #126
    VIP Member Array Richard58's Avatar
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    I might could see non violent felons after 5 years of a clean record after released, but never for violent felons...
    The police are not there to protect you from crime, they are there to arrest the guy after the crime has been committed, assuming they find him. It is your responsibility to protect yourself and your family.

  7. #127
    VIP Member Array mlr1m's Avatar
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    How did the Country ever make it for 200 years allowing felons to own weapons is beyond me. And remember back then felons were serious criminals such as murderers and kidnappers.
    Not someone who writes hot checks or calls the President a bad name on facebook.

    Michael

  8. #128
    VIP Member Array peckman28's Avatar
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    I agree with those who point out that there are too many crimes that are considered "felonies" for such a law to be rational. If you did not commit an act of violence, and you are released from prison, your freedoms should apply. If you have committed murder, the government has no business EVER letting you out. It should be a moot point. And to those who say "well that's not the way it works so...", guess what, we're already talking hypotheticals here anyway. If you have truly proven you cannot be trusted with a weapon because you are dangerously violent you shouldn't be roaming the streets in the first place. The only check I would not find too offensive is a quick check to make sure you aren't a fugitive from justice, since in the eyes of the law, you're supposed to be in prison anyway.

  9. #129
    Ex Member Array pir8fan's Avatar
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    Quote Originally Posted by Faitmaker View Post
    NC Supreme Court restores felon's gun rights



    I've been saying it all along. Felons should get their all of their right returned when they return as a member of society.
    Easy for someone from Ohio to agree with decision. Here in NC, we see it from an entirely different perspective. This decision just rearms already dangerous convicts. Would you want to have one of these people living in your neighborhood, or next door to you?

  10. #130
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by pir8fan View Post
    Easy for someone from Ohio to agree with decision. Here in NC, we see it from an entirely different perspective. This decision just rearms already dangerous convicts. Would you want to have one of these people living in your neighborhood, or next door to you?
    If they are dangerous maybe they should not be allowed to be in the general population. Right now the Government uses this fear as an excuse when creating firearms laws. They allow dangerous criminals to be released into society then claim that because they are releasing these criminals they need to restrict firearms so that these people they are releasing cannot access them.

    Michael

  11. #131
    Member Array tricolordad's Avatar
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    You choose to be a felon, you choose to give up your 2A rights. If we just pardoned everybody at the end of their sentence, why even keep criminal records? Giving them back their rights is like saying they never did it.

    Terrorists are felons, should we allow them to buy guns after they get released from Gitmo into our general population?!

  12. #132
    Member Array bigjason6's Avatar
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    Giving felons the rights to own firearms is like letting a pedophile run a day care center. It's just a bad idea that won't end well...

  13. #133
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by tricolordad View Post
    You choose to be a felon, you choose to give up your 2A rights. If we just pardoned everybody at the end of their sentence, why even keep criminal records? Giving them back their rights is like saying they never did it.

    Terrorists are felons, should we allow them to buy guns after they get released from Gitmo into our general population?!
    If they are not safe and are a danger to society why release them?

    Michael

  14. #134
    New Member Array ThePackFolf's Avatar
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    Quote Originally Posted by tricolordad View Post
    You choose to be a felon, you choose to give up your 2A rights. If we just pardoned everybody at the end of their sentence, why even keep criminal records? Giving them back their rights is like saying they never did it.

    Terrorists are felons, should we allow them to buy guns after they get released from Gitmo into our general population?!
    For your first part.. In the USC(United States Code), there are over 10,000 felonies... Yes, there are over ten thousand felonies by just by the federal government... How about this one, "16 USC chapter 53 section 3372" Which reads in part,
    "It is unlawful for any person—
    (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
    (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—
    (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;"

    That means, you could technically be prosecuted for a possessing a fish/plant on US soil if you purchased it, and it is in violation of law to purchase/possess, etc in another country. ... Remember, ignorance of the law is not a defense.


    I'm still going to be talking about the first part of your comment here.. I have a little story to tell you, and it's about me.

    I am a retired soldier, who served in Iraq in late 2008 to late 2009. I have been in open combat, seen people die and almost killed myself. I have served this country, even if some of the population disagrees with the orders to begin with. I came home late 2009 and was arrested some time after returning home, and was convicted of NC Crime of Nature.. A Class I felony. NC Crime of Nature is a wide angle law that states, quite simply I might add, "To commit the crime against nature, with mankind or beast". NC courts have ruled(read: Add) that in a sexual act with man kind, "The inserting, by a male, of his sexual organ into the mouth or anus of another male or a female, State v. Fenner, 166 N.C. 247 (1914); State v. Harward, 264 N.C. 746 (1965); State v. Copeland, 11 N.C. App. 516 (1971), The receiving, by a male or a female, of the sexual organ of a male into his or her mouth or anus, State v. Griffin, 175 N.C. 767 (1876); State v. Chance, 3 N.C. App. 459 (1969), Fellatio, State v. Poe, 40 N.C. App. 385 (1979), Cunnilingus, State v. Joyner, 295 N.C. 55 (1978), Analingus, and the inserting of an object into a person’s genital opening, State v. Stiller, 162 N.C. App. 138 (2004)."

    I will not go into specifics but due to my sexual orientation and claimed lack of consent by the other party, I was convicted with a stayed sentence and 3 years probation. I have lost all my benefits as a Veteran and for the time being, my rights as a citizen of North Carolina. Should I not be allowed to ever own a firearm again?

    How about the active duty soldier who did NOTHING wrong, but was convicted of transferring a machine gun illegally? He let a neighbor borrow his AR-15 type rifle for a gun shoot and when it malfunctioned due to a KNOWN bolt issue that had been recalled but not all owners knew about it, and the gun fired a couple round burst the ATF raided his home etc etc... ATF could not reproduce the issue the first time the gun was tested. They tried to reproduce the issue several times until it malfunctioned again. Then, the judge did not allow the proper definition of a machine gun to be used and instructed the jury that a machine gun was simply a gun by design or malfunction that fired more then one round per trigger pull. He was convicted, dishonorably discharged from the military and jailed. Should he not be allowed to ever own a firearm again?

    If committing a crime, was a valid basis of loosing our fundamental rights given to us as citizens of the United States, then should we loose all our rights as well?


    Also, terrorists at gitmo are not released into "our general population". So that is a straw man argument.

  15. #135
    Senior Member Array dV8r's Avatar
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    Quote Originally Posted by retsupt99 View Post
    I think Bernie Madoff should be able to apply for his permit when he gets out...he'll be 221 years old...
    Would that be being "Great-Grand Fathered" in?
    LEARN something today so you can TEACH something tomorrow.
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