Reply #24: context and all that

[iverglas]

I would tend to agree that barring people who write a bad check (a felony in some states) from ever owning a gun again in their life is indeed an abrogation of due process.

The problem is, in the US context, that the default option is (to simplify, and undoubtedly over-simplify) no restrictions on the exercise of the right.

If there isn't a law, or a specific court order, prohibiting someone from possessing firearms, s/he may possess firearms.

Under our system, the default option is no exercise of the right -- no possession of firearms without a licence.

The exercise of the right can then be dealt with on a case-by-case basis, in the consideration of the application for a licence. A person can also be precluded from successfully applying for a licence if a specific court order is made: a firearms prohibition, as a term of a sentence (or as a condition of release pending trial or a term of a restraining order, e.g.). I suppose that firearms prohibition orders are commonly made here against people convicted of offences against the person (assault, robbery ...). And the orders are recorded in the central registry maintained by the Firearms Centre, which is checked every time an application is made for a licence. As well, of course, all transfers of firearms must be registered, and the transfer can only be made to someone with a licence.

Now, given that you do have background check requirements for firearms purchases from dealers, specific orders could presumably work: if someone were prohibited from possessing firearms, as a condition of sentence, that would show up on the background check.

Of course, that would work only so long as the person was still under sentence, i.e. on parole or probation. Once the sentence ended, s/he would just be someone with a criminal record, and a blanket ban, like you have, would be needed to prevent him/her from acquiring a firearm legally, since no licence is required in order to acquire firearms (i.e. could be denied, to prevent the legal acquisition of firearms). And we'd probably all (well, mostly) agree that there are people who have served their sentences but should still not be permitted to possess firearms.

A mandatory licensing system would solve the problem: each individual applicant would be considered on his/her own merits. But yes indeed, we all know what kind of lead balloon that would be in your context.