Posted on 09/01/2009 7:52:46 AM PDT by Sasparilla
A North Carolina felon has regained his right to own guns by a Court. He was convicted of selling Qualuudes in 1979 and had his rights restored in 1987, and believing they included owning guns, bought some for hunting. When a sheriff told him his possession was illegal, he disposed of them. The Court believed the crime was nonviolent.
The Court said," Plaintiff, through his uncontested lifelong nonviolence towards other citizens, his thirty years of law abiding conduct since his crime, his seventeen years of responsible, lawful firearm possession between 1987 and 2004, and his assiduous and proactive compliance with the 2004 amendment, has affirmatively demonstrated that he is not among the class of citizens who pose a threat to public peace and safety."
The Court further held that, "Based on the facts of plaintiffs crime, his long postconviction history of respect for the law, the absence of any evidence of violence by plaintiff, and the lack of any exception or possible relief from the statutes operation, as applied to plaintiff, the (state's law) is an unreasonable regulation, not fairly related to the preservation of public peace and safety. In particular, it is unreasonable to assert that a nonviolent citizen who has responsibly, safely, and legally owned and used firearms for seventeen years is in reality so dangerous that any possession at all of a firearm would...
(Excerpt) Read more at secondamendmentfreedom.blogspot.com ...
...thus setting the stage for HolyObama’s goons to sign up even MORE voters for the upcoming elections who do not have those rights!!
Next, the court will approve dead people voting, since obviously you can’t hold death against a citizen’s right to vote in the USA!!!
Good ruling.
I’m surprised this was a big deal. Gun-rights restoration for ex-convicts is a major priority for many, nationwide, after release from prison.
Importantly, it should be noted that those who are willing to ask a judge to restore their gun rights are far *less* likely to be recidivist, that is, to return to crime.
And it is not uncommon for judges to agree to this restoration, mostly for non-violent offenders, but also for “one time” offenders, those who committed an offense during unusual circumstances, in a moment of bad judgment.
Common sense rules the day!
Uh, the defendant in this case had been legally able to vote since 1987. I don’t see where this case would be “on-point” for restoring voting rights to, for example, felons who are still serving out their sentences.
Agreed.
I’m a former felony drunk driver. I can’t own a handgun but I legally vote (Conservative)
I think its pretty damned foolish when people think guys sit in prison waiting for the day when they’ll get out and vote democrat.
The Court’s decision was a good one. Your little rant really doesn’t have anything to do with the ruling, but I’m sure that you can find an ACORN thread on which to yell.
Oh, that’s not the point—his individual story may be a good ruling, but liberal judges making legislation from the benches are sure to abuse and distort rulings like this to make sure HolyO and his ilk are even MORE entrenched in American politics! ALL felons can vote! ALL illegals should be allowed to vote! ALL dead people have the right to vote!
Feh.
Can’t wait to see how Wise Latina Smarter Than White Men votes when SCOTUS reconvenes in October! I’m so sure she’ll be ‘middle of the road’ like HolyO promised. *scoffs*
From another ‘dumb blonde’ :-) see my post on #10!
Can you own a shotgun/rifle?
Thanks - was just curious. Some states are weird about handguns. I think in Missouri you can’t have either if you have a felony - at least even when I bought a shotgun - I had to fill out the questionnaire and it asks if you have a felony conviction. I just assumed that meant you would not be able to even get a rifle or shotgun.
Anyone safe enough to walk the streets should have their Rights restored.
Here in Michigan a person can vote as long as they aren’t incarcerated, on parole or probation. Its an issue for the individual states to decide.
Maine is the only state that I’m aware of that allows prison inmates to legally vote. Personally I’m strictly opposed to that.
As far as felons with guns is concerned, its a ridiculous issue anyway. An “active” felon who wants a gun will have one, just like any other criminal.
“Can you own a shotgun/rifle?
I don’t own one now but as far as I know I can.”
Nope you can’t. You are restricted from owning any firearms in the state of MI. You can hunt with a bow or cross-bow tho’.
I wholeheartedly agree.
Well that’s stupid. Your constitutional right to keep and bear arms is revoked because of something stupid you did, probably many years ago.
I might even understand in the case of armed robbery but drunk driving? Haven’t we all done that at one time or another, just didn’t get caught? Deplorable.
“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers.”
Quote by: Ayn Rand
(1905-1982) Author
Source: “Atlas Shrugged”, Part II, Chapter 3
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