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To: cripplecreek

I’m just kinda curious, where exactly did this rule on denial of gun rights come from, and how does it avoid conflicting with the Constitution?


11 posted on 05/27/2012 1:30:17 PM PDT by pepsionice
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To: pepsionice
I’m just kinda curious, where exactly did this rule on denial of gun rights come from, and how does it avoid conflicting with the Constitution?

I'm not sure but I've been doing some digging. It doesn't appear to have been the case prior to the 1880s. A while back I stumbled across some old prison records that listed items returned to inmates upon release. They included weapons.
18 posted on 05/27/2012 1:36:08 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: pepsionice; cripplecreek
I believe that the statute that banned convicted felons from possessing firearms was the 1968 Gun Control Act, passed in the left-wing enthusiasm following the assassinations of RFK and MLKJR. There are also many state laws of that sort.

The constitution does not exempt felons from the RTKBA. There is a common law theory that convicted felons have no civil rights and are therefore "outlaws." Usually, however, the enactment of constitutional provisions, treaty provisions or statutes nullifies common law theories inconsistent with such enactments.

The courts are restoring the RTKBA, case be case. Perhaps we can soon look forward to BATF as a national chain of gun and ammunition shops selling adult beverages and tobacco products as well.

50 posted on 05/27/2012 4:50:37 PM PDT by BlackElk (Viva Cristo Rey! Tom Hoefling for POTUS! Viva Cristo Rey!)
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