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The "presumptively lawful" category of regulations from the Heller opinion continues to be a problem. :(
1 posted on 04/11/2012 2:23:24 PM PDT by JohnPierce
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To: JohnPierce

Considering the ever expanding range of crimes considered to be felonies all of us better be concerned.

As far as I’m concerned, if you aren’t in jail or prison, anyone should be allowed to carry.


2 posted on 04/11/2012 2:29:40 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: JohnPierce

This is somethign the NRA will eventually need to take on. It’s just not at the top of the list right now, imo.


3 posted on 04/11/2012 2:30:00 PM PDT by mamelukesabre (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line)
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To: JohnPierce
Under that standard, a statute passes constitutional muster if it is “substantially related to an important governmental objective.” Citing United States v. Williams, 616 F.3d 685 (7th Cir. 2010), the court held that public safety is an important governmental objective and denying firearms to convicted felons is substantially related to that objective.

Williams went so far as to state unequivocally that even an absolute ban on the possession of firearms by felons passes constitutional muster.

Says it all right there.

FMCDH's!

4 posted on 04/11/2012 2:33:11 PM PDT by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio - http://www.istandwithrush.org/)
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To: JohnPierce

The question goes back to the Constitution itself. Where does it line out that someone convicted of a crime loses constitutional rights?

There is plenty of strength to both sides of the argument - if someone’s crime was non-violent - then why should it result in the loss of constitutional rights? On the other hand - one makes the decision to commit a felony - the loss of rights, including 2nd Amendment rights, should make one reflect on that decision.

Yet there is another aspect as well - someone gets caught up in something - they may not have been directly responsible, but because of the position, end up with felony charges as part of the “blow-back”... they lose firearm rights?

Some food for thought and discussion.


5 posted on 04/11/2012 2:33:42 PM PDT by TheBattman (Isn't the lesser evil... still evil?)
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To: JohnPierce

I see this as a non-starter issue. After a convicted felon has served their time, and ended their probation, it is very common for them to again voluntarily appear before a judge to request “rights restoration.” Under most situations they do not even need a lawyer.

And it is common and the norm that in most cases, in most states, judges will grant this request. This not only includes the right to bear arms, but the right to vote, the right to sit on a jury, and often expungement, or sealing of the records of their trial and conviction at the state level.

Expungement is the hardest to get but still commonly given to all but career criminals, those facing civil lawsuits, document or identity fraud, theft or forgery, and those whose crimes involved permanent registry, like sex offenders.

By far, the most important rights restoration, as far as ex-cons are concerned, is the restoration of gun rights. Often they are willing to forsake restoration of all these other rights, but they are very aware of the importance of self defense.

Yet many, especially violent criminals and repeat offenders, do not bother to even try rights restoration. Thus they are exposed to additional criminal charges if they do obtain a gun.

So the bottom line is that the system is set up pretty wisely, and doesn’t need a whole lot of adjustment, outside of those die-hard, anti-gun states.


11 posted on 04/11/2012 2:50:12 PM PDT by yefragetuwrabrumuy ("It is already like a government job," he said, "but with goats." -- Iranian goat smuggler)
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