Prohibited possession

[discntnt_irny_srcsm]

Here is the list of federally prohibited criteria:

- A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
- Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
- An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
- A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
- A person who, being an alien, is illegally or unlawfully in the United States.
- A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
- A person dishonorably discharged from the United States Armed Forces.
- A person who has renounced his/her United States citizenship.
- The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
- A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
- A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

Aside from the clever ideas by some completely anti-gun folks such as a pulse, does anyone know of some good criteria for denying firearm possession that is not on the above list?

Does anyone disagree with items on the above list and think the item(s) should be modified or removed?

Thanks

[gejohnston]

1. I would make the lifetime bans

for only violent felons. Someone who gets 18 months for pot shouldn't go to federal prison for inheriting grandpa's skeet guy 25 years later.
I would ban anyone who had been convicted of animal cruelty as juveniles, since that is a symptom of socipatthy.

[discntnt_irny_srcsm]

5. Personally...

...I have no use for the provisions against violent felons as I believe they should be prohibited by virtue of the fact that they're in prison. If you're not a violent offender then why would you be prohibited?

Dishonorable discharge would depend on the reason.

Active drug use (above a legal limit), drunk and disorderly, DUI...(with convictions in court) all would, in my mind, be enough to suspend pending rehab, your right to own a firearm.

Fugitives, illegal aliens, Gitmo escapees, Martians, et al sorry for guns for you.

Folks adjudicated (in court) with mental issues have their right suspended. In addition, if you are judged in court as not competent to stand trial, you're in the same boat.

[AtheistCrusader]

8. If we end the war on some drugs, should have enough room for violent offenders to fill out their sen

tence too.

[Eleanors38]

11. I believe most states allow for judicial application for reinstatement of rights.

Would you favor codification or present case-by-case method?

[discntnt_irny_srcsm]

12. I favor codification...

...with the right to appeal in court any non-judicial denials.

[Warren Stupidity]

2. Prohibit anyone from possessing a semi auto weapon.

If it is constitutional to prohibit various classes of people from possessing all guns, it is constitutional to prohibit all people from possessing specific classes of guns.

[gejohnston]

3. not the same thing

those people may possess muskets because they are not defined as guns under the Gun Control Act. If you read US v Miller, military type weapons are constitutionally protected.

[krispos42]

9. You really think so?

We all know that "assault weapons" are horseshit, but you're saying that the reason they keep push those is because the can't ban semi-autos entirely?

[gejohnston]

10. search me

but I'm sure they will try.

[discntnt_irny_srcsm]

6. Do you have any...

...direct changes for the NICS list quoted in the OP?

[jody]

4. Add following condition.

Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

NOTE federal law recognizes RKBA is a civil right.

[discntnt_irny_srcsm]

7. Agreed

I further prefer that an expungement really does purge, remove and delete any and all records of the arrests, prosecution and conviction relating to the crime at issue.