Reply #6: My point is SCOTUS has said RKBA is a civil right. SCOTUS has not "supported the concept of a

[jody]

militia RKBA, not an individual right".

BEECHAM v. UNITED STATES

Held:
Petitioners can take advantage of 921(a)(20) only if their civil rights have been restored under federal law, the law of the jurisdiction where the earlier proceedings were held. The choice of law clause is logically read to apply to the exemption clause. The inquiry throughout the statutory scheme is whether the person has a qualifying conviction on his record. The choice of law clause defines the rule for determining what constitutes a conviction. Asking, under the exemption clause, whether a person's civil rights have been restored is just one step in determining whether Page II something should "be considered a conviction," a determination that, by the terms of the choice of law clause, is governed by the law of the convicting jurisdiction. That the other three items listed in the exemption clause are either always or almost always done by the jurisdiction of conviction also counsels in favor of interpreting civil rights restoration as possessing the same attribute. This statutory structure rebuts the arguments used by other Circuits to support their conclusion that the two clauses should be read separately. Moreover, even if there is no federal law procedure for restoring civil rights to federal felons, nothing in 921(a)(20) supports the assumption that Congress intended all felons to have access to all the procedures specified in the exemption clause, especially because there are many States that do not restore civil rights, either. Because the statutory language is unambiguous, the rule of lenity is inapplicable. See Chapman v. United States, 500 U.S. 453, 463 -464. Pp. 3-7.

8-1.100 Statutes and Executive Orders Administered by the Civil Rights Division

The following is a list of federal statutes and executive orders administered by the Civil Rights Division.
A. CIVIL STATUTES. 15 U.S.C. §§ 1691e(h), 3151(c); 18 U.S.C. § 248; 20 U.S.C. §§ 1681(a), 1706, 1709; 28 U.S.C. § 1862; 29 U.S.C. §§ 794, 1577(c); 31 U.S.C. §§ 6720, 6721(d); 42 U.S.C. §§ 300w-7(c), 300x-7(c), 300y-9(c), 708(c), 1971, 1973 to 1973ff-4, 1997, 2000a-3(a), 2000a-5(a), 2000b(a), 2000c-6(a), 2000d, 2000e-5(f), 2000e-6(a), 2000h-2, 3613, 3789d(c)(3), 3789d(c)(4)(C), 5309(c), 8625(c), 9906(c), 14141; 3789d(c); 49 U.S.C. §§ 306(e), 1615(a)(4).
B. CRIMINAL STATUTES. 18 U.S.C. §§ 241 to 248, 594, 841 to 848, 875, 876, 924, 1001, 1503, 1504, 1508 to 1513, 1581 to 1594, 1621 to 1623, 2191 to 2196; 42 U.S.C. §§ 300a-8, 1973i(a)-(e), 1973j(a)-(c), 1973aa-3, 1973bb(b), 1973dd-3(b)-(c), 1974, 1974a, 2000e-8, 2000e-10, 3631; 46 U.S.C. §§ 658, 701.
The Civil Rights Division shares enforcement responsibility under some of these statutes with the Criminal Division, generally depending upon whether the matter involves discrimination or intimidation on account of race, or, in the case of those statutes dealing with obstruction of justice, relates to civil rights litigation. See 28 C.F.R. §§ 0.50 and 0.55. The Civil Rights Division has responsibility under 18 U.S.C. § 1001 with respect to false official statements made in connection with alleged violations of federal civil rights statutes.

18 U.S.C. 921 contains definitions for 18 U.S.C. 924 cited above.

18 USC 921
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. 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.

Have a nice day, :hi: