USSC precedent holds that self-defense allows a felon to possess a firearm when that is the only viable option. She should beat this.
Legally what was she supposed to have done? Die?
Almost all common-law and statutory definitions of the necessity defense include the following elements: (1) the defendant acted to avoid a significant risk of harm; (2) no adequate lawful means could have been used to escape the harm; and (3) the harm avoided was greater than that caused by breaking the law.
I’ve never believed people lose their right to self-defense just because they have done time in jail serving felony sentences. It is not logical to deny them their right. If you honestly cannot trust them with a gun, then you should not let them out of prison to begin with.
Criminals will always get guns if they want to. Denying them legal guns just makes them commit another crime. Which is idiocy.
That said, if I were a felon, I would simply use a black powder muzzle loading pistol for defense. It is a pain to load, but it is legal for felons to own, being a “firearm accessory” rather than a firearm under the law. A crossbow is another reasonable means of home defense, but single shot unfortunately. A cross bow would have done her not good, but a nice 1851 Navy black powder pistol would have done as good a job as whatever she used.
That is what I would have loaded at home if I was a felon with my right of self defense denied.
Under the law, a felon my not live where guns are available. So technically, a married couple are prohibited from owning guns if only 1 of them is felon, even though the other is not.
That is the law. It is a stupid law.
I for one don’t believe you lose your 2nd Amendment rights just because you have a felony conviction. I would love to see that law changed. Even through it would allow a lot of criminals to legally own guns, they are going to get them illegally anyway.
If you have teens or pre-teens here is a perfect example to have them read of why it is vitally important to choose their friends carefully.
It is also a very good reason to reserve the right to use your veto if your children choose poorly.
Why?
Is someone running for office?