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Felons, Disability, and Guns
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Contributors to this thread:
gflight 20-Dec-14
Dogsoldier 22-Dec-14
Steve CO 23-Dec-14
tonyo6302 23-Dec-14
Steve CO 23-Dec-14
tonyo6302 23-Dec-14
Steve CO 23-Dec-14
tonyo6302 23-Dec-14
tonyo6302 23-Dec-14
Steve CO 23-Dec-14
Joey Ward 23-Dec-14
bluedog 23-Dec-14
Salagi 23-Dec-14
HA/KS 23-Dec-14
From: gflight
20-Dec-14

gflight's Link
My Father-n-Law is 77 and can't defend himself because of something he did at 19.

I hope to see some of these peoples rights restored.....

A federal appeals court in Cincinnati deemed a law unconstitutional that kept a Michigan man who was committed to a mental institution from owning a gun.

The three-judge panel of the Sixth U.S. Circuit Court of Appeals unanimously ruled that a federal ban on gun ownership for those who have been committed to a mental institution violated the Second Amendment rights of 73-year-old Clifford Charles Tyler.

Tyler attempted to buy a gun and was denied on the grounds that he had been committed to a mental institution in 1986 after suffering emotional problems stemming from a divorce. He was only in there for a month.

Tyler’s lawyer, Lucas McCarthy, hopes that the ruling would have a “significant impact on the jurisprudence in the area of gun rights.”

From: Dogsoldier
22-Dec-14
Everyone should have the right to defend their own life. If they are too dangerous to trust with a gun then they should still be in prison. A felony shouldn't taker away a persons right to protect their own life.

From: Steve CO
23-Dec-14
Brad, it depends on the state. Some states do reinstate all of a non violent felons rights including the right to vote and the right to keep and bear arms.

From: tonyo6302
23-Dec-14
"Brad, it depends on the state. Some states do reinstate all of a non violent felons rights including the right to vote and the right to keep and bear arms. "

The only way to do that, is to completely remove any felony conviction off the record, according to Federal Law as of right now.

States "may" reinstate, and here in Virginia, a Felon can even petition the Court for a gun permit - unfortunately Federal law trumps states rights - another unforseen outcome of the Civil War.

"Everyone should have the right to defend their own life. If they are too dangerous to trust with a gun then they should still be in prison. A felony shouldn't taker away a persons right to protect their own life. "

I totally agree, here, Dogsoldier. It wasn't until the 1968 Gun Control Act, if I remember correctly, that Felons had gun rights taken away. Up until that point, you could still order guns from the Sears Catalog via U. S. Mail.

Also, here in Virgina, convicted felons are allowed to possess Tasers in the home only, for self defense.

From: Steve CO
23-Dec-14
"A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General’s Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.

[18 U.S.C. 921(a)(20) and (a)(33)]"

Here you go Tony, this from the FAQ section of the BATF website. So if the state reinstates your gun rights the Feds no longer consider him a convicted felon. An old friend of mine is in this situation. A felon since he was 18, he now lives in Minnesota where apparently ten years after a felon is released from parole or whatever their rights are restored. He also went to the district court and asked for a summary judgement saying that yes he has the right to own firearms, vote etc. He now has the Permit to purchase issued by his local county sheriff and has legally purchased and possesses firearms.

From: tonyo6302
23-Dec-14
"So if the state reinstates your gun rights the Feds no longer consider him a convicted felon."

. . . only if the record is expunged. Here in Virginia there are three different levels of Pardons by the Governor. The Feds specifically state the record must be expunged, regardless of the pardon.

I do believe we are in agreement, you missed by statement on my first post, here it is again for you: "The only way to do that, is to completely remove any felony conviction off the record, according to Federal Law as of right now. "

From: Steve CO
23-Dec-14
"if he has been pardoned, had his civil rights restored, OR the conviction was expunged or set aside,"

I think we agree too Tony, I'm just trying to get all the fly shit out of the pepper... naturally pedantic I guess.. ;-)

Another aspect of this is the fact that even though my friend owns firearms legally in Minnesota he cannot come to Colorado to hunt with me. Colorado doesn't allow for any exceptions to a firearm disability other than self defense. So a felon here can't own or possess a firearm but if attacked and there was a firearm handy he could pick it up and defend himself legally. Which is I'm sure a comfort...

And as always, don't get your legal advice off the internet...

Edit:"Up until that point, you could still order guns from the Sears Catalog via U. S. Mail."

I remember that, Outdoor Life and Field and Stream ran ads for surplus 1917 S&W .45ACP revolvers for less than $20. In the mail. All kinds of mil surplus rifles and pistols cheap. Those were the good old days.. I was too young to do anything about it but those old magazines were some kinda wishbooks!

From: tonyo6302
23-Dec-14
Dang it ! Now I got to look up the work Pedantic.

Have you been taking vocabulary lessons from Owl ?

;^)

From: tonyo6302
23-Dec-14
Dang it again !!!!

First line in the dictionary says, "ostentatious".

Now I have to go look up the word "ostentatious".

This is driving me crazy !!!!

( yea, I know, thats not a far drive )

From: Steve CO
23-Dec-14
Oh heck no, pedants don't take lessons we're driven to look it up ourselves...

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Oh. I see. The meetings are Wednesday evenings.. been a big help for me. ;)

From: Joey Ward
23-Dec-14
It's never too late to learn the fine art of self defense. And who better to learn it from than the master hisself.......Dragon Fly Jones!

Crap......if you're so inclined, try this link......

https://www.youtube.com/watch?v=bwQtnIqDL1o

From: bluedog
23-Dec-14

bluedog's Link
Link to Dragon Fly...

From: Salagi
23-Dec-14
"Now I have to go look up the word "ostentatious"."

I remember that word from my 'advance vocabulary and composition" class waaaay back in high school. According to our English teacher it was "a city in Texas."

From: HA/KS
23-Dec-14
"each case and the circumstances should be looked at individually" Leftists say the same about all laws.

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