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Sat Jan 19, 2013, 11:40 AM

Do felons lose their 2nd Amendment rights?


I know they lose their voting rights so to me it would be odd that they could not vote yet could own weapons.


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23 replies, 2332 views

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Arrow 23 replies Author Time Post
Reply Do felons lose their 2nd Amendment rights? (Original post)
SHRED Jan 2013 OP
NutmegYankee Jan 2013 #1
HappyMe Jan 2013 #2
Codeine Jan 2013 #3
Comatose Sphagetti Jan 2013 #4
Recursion Jan 2013 #5
Drahthaardogs Jan 2013 #6
Comatose Sphagetti Jan 2013 #7
TheKentuckian Jan 2013 #8
Comatose Sphagetti Jan 2013 #9
TheKentuckian Jan 2013 #22
Recursion Jan 2013 #10
Revanchist Jan 2013 #15
Recursion Jan 2013 #18
petronius Jan 2013 #12
HappyMe Jan 2013 #13
Lone_Star_Dem Jan 2013 #19
HappyMe Jan 2013 #20
Lone_Star_Dem Jan 2013 #21
HereSince1628 Jan 2013 #11
Unrepentant Fenian Jan 2013 #14
LAGC Jan 2013 #16
Blue_In_AK Jan 2013 #17
obamanut2012 Jan 2013 #23

Response to SHRED (Original post)

Sat Jan 19, 2013, 11:41 AM

1. Yes. Removed through the due process of law.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 11:42 AM

2. Yes, they do.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 11:44 AM

3. In most states being a convicted felon in possession of a firearm is bad news. nt

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Response to SHRED (Original post)

Sat Jan 19, 2013, 12:08 PM

4. Depends on the state.

Some states remove a person's voting rights for life, some do not.

As far as firearms, on the federal level the ATF regulates firearms and federal law dictates no one with a felony may own a firearm. However, ATF does not regulate muzzleloaders as a muzzleloader is not considered a firearm under ATF regs (check ATF for definition/laws concerning firearms/muzzleloaders).

For example, in my state, you can vote after you're released from incarceration, and you can have a muzzleloader unless you're considered a serious violent felon (SVF).

I have many clients who have felonies and I've researched this for my state very carefully. There is a lot of misinformation out there and even state and local agencies are misinformed/confused.

As always, a person under disability must check very carefully before attempting to acquire firearms/muzzleloaders.

Hope this helps.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 12:10 PM

5. In general, yes

Almost all do for some period of time; some states rehabilitate felons after X years for some value of X, and people who are pardoned years later regain their rights too.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 12:11 PM

6. Yes, felons cannot own guns

and it is a question on the Bureau of Investigations background check. It is not limited to "violent crimes" only. This is why Mark Thurman who perjured himself at the OJ Simpson trial noted he would have to "switch to bow hunting now".

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Response to Drahthaardogs (Reply #6)

Sat Jan 19, 2013, 12:41 PM

7. Depends on your definition of a gun...

Firearms - no.
Muzzleloaders - some states, yes. In my state a SVF cannot posses a muzzleloader.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 12:54 PM

8. For the most part, though I believe all rights and responsibilities should be restored

once a sentence has been completed and further that no one should be required to define themselves as a felon after said point nor should a person be treated as such any further.
The debt to society should be considered paid in full and the offender should be fully reintegrated. Probation and parole would be considered still under sentence (as they are) but once the debt is paid then the punishment and sanctions should be over.

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Response to TheKentuckian (Reply #8)

Sat Jan 19, 2013, 01:39 PM

9. You, my friend,...

have said one of the most enlightened things I've heard all day!

Unfortunately, it falls on the deaf ears of many voters who elect our representatives. I've observed that most of those against your sound reasoning are conservative and Christian.

Go figure.

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Response to Comatose Sphagetti (Reply #9)

Tue Jan 22, 2013, 08:41 PM

22. Thanks

Though, I don't think the Tealiban is the only major obstacle, see "centrists".

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Response to TheKentuckian (Reply #8)

Sat Jan 19, 2013, 01:41 PM

10. I'm torn on that. I guess I'd like flexibility

I'd like for a judge to be able to extend the Constitutional disabilities, or not, based on his or her discretion.

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Response to Recursion (Reply #10)

Sat Jan 19, 2013, 01:51 PM

15. I'm not sure if I agree with you

I would be worried that in some areas of the country the judge's discretion would take the individuals skin color into account. I wouldn't disagree with disabilities depending on what the person was convicted of, but leaving the whole process up to the discretion of a judge doesn't sit well with me.

P.S. I apologize in advance if I misread your post and took your words out of context.

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Response to Revanchist (Reply #15)

Sat Jan 19, 2013, 01:53 PM

18. No, that worries me too

OTOH if you don't leave judges discretion, laws tend to be too draconian. I don't know that there's a "right" answer.

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Response to TheKentuckian (Reply #8)

Sat Jan 19, 2013, 01:44 PM

12. Generally, I agree - although a prohibition on firearms ownership (or anything else)

could reasonably be made a part of the sentence extending after the actual term of incarceration.

It's the voting prohibitions that I've never understood - personally, I think people should be allowed to vote even from prison if they want to...

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Response to TheKentuckian (Reply #8)

Sat Jan 19, 2013, 01:47 PM

13. I would like to see their voting

rights restored.

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Response to HappyMe (Reply #13)

Sat Jan 19, 2013, 01:58 PM

19. They are in all but Florida, Iowa, Kentucky and Virginia.

Which is as it should be.

Those four states should get with the program.

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Response to Lone_Star_Dem (Reply #19)

Sat Jan 19, 2013, 01:59 PM

20. For some reason,

I thought that there were more on that list.

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Response to HappyMe (Reply #20)

Sat Jan 19, 2013, 02:05 PM

21. There may be other state restrictions applied.

Such as in Arizona a "habitual" felon can lose them for life.

I think, but am not sure since this may have changed,some states apply restrictions depending on the type of felony. Forcing a person with certain types of convictions to have to petition for their rights back. Most however, reinstate voting rights upon completion of a sentence.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 01:43 PM

11. If they are sentenced to more than one year of prison, generally, yes.

As are people who are convicted of misdemeanors with more then 2 years of prison.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 01:50 PM

14. They do, but one can go to court and have them reinstated for about $1,000 ...

at least here in Washington State. I'm not sure, but I think the felony has to be non-violent.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 01:52 PM

16. Yes, but in many states felons can apply to get their gun rights restored.

Same with voting rights. In most states, felons automatically get their right to vote restored upon completion of their sentence. (Completely off-paper, after probation/parole.)

Depending on how serious the felony, some felons have to wait so many years before petitioning the courts for their gun rights back.

Felons with federal convictions, however, currently have no recourse as the ATF isn't currently funded to handle relief applications at this time.

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Response to SHRED (Original post)

Sat Jan 19, 2013, 01:52 PM

17. In Alaska a convicted felon can own a long gun

as long as it can't be concealed. They also get their voting rights back after they've finished their paper time.

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Response to SHRED (Original post)

Tue Jan 22, 2013, 08:47 PM

23. Yes

As do convicted domestic abusers, even for a misdemeanor charge.

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