Monday, November 14, 2011

Felons regaining gun rights

Posted by Max Brantley on Mon, Nov 14, 2011 at 6:34 AM

More to thank the National Rifle Association for:

The ease with which an increasing number of felons are able to regain rights to carry guns. The New York Times reports.

While previously a small number of felons were able to reclaim their gun rights, the process became commonplace in many states in the late 1980s, after Congress started allowing state laws to dictate these reinstatements — part of an overhaul of federal gun laws orchestrated by the National Rifle Association. The restoration movement has gathered force in recent years, as gun rights advocates have sought to capitalize on the 2008 Supreme Court ruling that the Second Amendment protects an individual’s right to bear arms.

This gradual pulling back of what many Americans have unquestioningly assumed was a blanket prohibition has drawn relatively little public notice. Indeed, state law enforcement agencies have scant information, if any, on which felons are getting their gun rights back, let alone how many have gone on to commit new crimes.

While many states continue to make it very difficult for felons to get their gun rights back — and federal felons are out of luck without a presidential pardon — many other jurisdictions are far more lenient, The Times found. In some, restoration is automatic for nonviolent felons as soon as they complete their sentences. In others, the decision is left up to judges, but the standards are generally vague, the process often perfunctory. In some states, even violent felons face a relatively low bar, with no waiting period before they can apply.

As you might guess, the story includes some illustrations of the good deeds done by felons allowed to carry guns again.

Arkansas requires a gubernatorial pardon for a felon to be restored gun rights. This, however, didn't stop almost 5,000 felons from obtaining hunting licenses when the Democrat-Gazette matched hunting licenses against crime data a few years ago.

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Comments (18)

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The bottom line -- right or wrong the NRA is laughing it's ass off all the way to the bank. The biggest pity/shame is most gun advocates seem to be to damn dumb to understand that it's not about their gun right it's all about the NR A's corporate profits.

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Posted by ButWhoCares on 11/14/2011 at 7:01 AM

Let them have guns, but deny them the right to vote, and what do you get?

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Posted by Verla Sweere on 11/14/2011 at 7:29 AM

It's too bad that felons can't regain all their rights once they pay their debt to society.

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Posted by SocialistArkie on 11/14/2011 at 7:30 AM

Exactly Verla -- So felons can't vote, apply for student aid, receive any sort of public food or housing assistance but they can get their gun rights back?

Oh America.....

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Posted by arkansastraveler on 11/14/2011 at 8:04 AM

I don't think felons deserve all their rights back after they have paid their debt to society. For instance, I don't convicted pedophiles have the right to live next door to a public park or elementary school. I also don't think people who have gunned down others deserve to have their guns back. I don't people who drink, drive and kill another person should be allowed to drive again. It's part of the price you pay when you choose to violate the law.

My kid gets molested, my brother gets shot to death, or my mother gets killed by a drunk driver. How does the offenders few years in jail (aka repay their debt to society) make my family whole again? What about the recidivism of offenders of certain crimes? We know the statistics show that for certain crimes the recidivism is very high. Don't others citizens have a right to be protected?

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Posted by government_cheese on 11/14/2011 at 8:49 AM

Sorry for all the typos...it's early. :-/

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Posted by government_cheese on 11/14/2011 at 8:50 AM

Three simple possessions of marijuana convictions can make you a felon. There are lots of felons walking around that pose no danger to society.


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Posted by scrapper72 on 11/14/2011 at 9:05 AM

Make that "who pose" instead of "that pose."

I'll echo government_cheese and blame it on the early hours.

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Posted by scrapper72 on 11/14/2011 at 9:07 AM

I tend to agree with scrapper and socialist. Once you've paid your debt to society, shouldn't you get your rights back? And look at the type of crime. Of course I know a felon who's near and dear to my heart and his conviction was complete and total bullshit, so I am definitely biased. And ask minorities about the track record of justice and our legal system.

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Posted by Mother Earth on 11/14/2011 at 10:15 AM

Oh, please! The idea that anyone can keep a felon from getting their hands on a gun if they want is simply laughable, laws or not, 'rights' or not.

The man who killed our family member had already killed two men and spent two separate terms in prison for those killings. Aside from the fact that he never should have be let out of prison after the second killing (of his own brother), there was absolutely nothing to stop him from getting his hands on a shotgun to go on yet another rampage that left our family member and another man laying dead on the side of the road.

The truth is, it's almost as easy to get hold of a gun in this country as it is to buy a pack of gum, and that's just the way the gun nuts want it. There's something psychologically wrong with a so-called 'civilized' society that feels the need to possess more guns than the rest of the world combined. And what has that gotten us? Twenty times more gun deaths in this country than our next closest 'competitor'.
U.S.A! U.S.A! We're number one!
Makes me want to puke.

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Posted by HardHeadedWoman on 11/14/2011 at 10:18 AM

Oh the tragedy! Oh the sadness!

How can they manage to go on for day after day after day in the hell of gunless existence?

Jesus weeps.

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Posted by ChildeRolandReturneth on 11/14/2011 at 10:31 AM

I think the term "paying one's debt to society" is overused. At most, the felon has made a downpayment and forfeiting some rights was part of that payment.

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Posted by mudturtle on 11/14/2011 at 11:27 AM

Don't worry about the 5,000 ex-cons roaming around in the woods. They're not hunting with guns, they're using shivs they made back in the slammer. Everybody's gotta eat.

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Posted by bugeyedlittlefreak on 11/14/2011 at 11:33 AM

Pedophiles are a different category. Not every person who guns down someone will necessarily go back into society and do it again.
If the threat were high that they would recommit a crime, I am sure the person would be sentenced to life in prison.
I am not a fan of these blanket consequences that define our criminal justice system.
Once a person is released, there can be provisions made to give them SOME or ALL of their rights back. At the same time, me being the sort of fair person I like to think I am, I don't like the separation.
If we trust you enough to be back in society, you should have ALL your rights back.
Sexual predators are a different category and I can accept limiting where they live. I just don't want us making crazy rules like FL where you have all the sex offenders living under a bridge. Let's remember that sometimes just being say 19 and dating a 17 year old can brand you as a sex offender for your whole life.

I'd love to see EVERYONE be allowed to vote, whether you're in prison or not. Some countries actually let those in prison vote. *shocker*

In any case, I am sure the prison-industrial complex will keep rolling and felons will continue to be disenfranchised. *sigh*

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Posted by SocialistArkie on 11/14/2011 at 1:28 PM

>If the threat were high that they would recommit a crime, I am sure the person would be sentenced to life in prison.<

Sorry but the record reflects otherwise. See HHW's post. Life in prison doesn't necessarily mean life in prison. The man who shot and killed my father never owned up to his actions, never apologized even with two eye witnesses and a policeman testifying against him. He was paroled after 30 yrs.

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Posted by eLwood on 11/14/2011 at 2:29 PM

eLwood,I looked back on that after I wrote it. I do realize mistakes happen.
At the same time, who can really predict the future?
Some people are rehabilitated, some are not.
We can't just lock everyone up for life because we THINK this person might commit another crime.

I think we would see less recidivism if ex felons had their rights restored and their criminal record didn't come up in a background search. It's kind of hard to find a job with a felony conviction. Why not try to help integrate these people back into society and give them another chance?
I think those with violent records (rape, murder, etc.) shouldn't have their record expunged but if you were in prison for possession, I think that should be expunged. That's just my opinion.

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Posted by SocialistArkie on 11/14/2011 at 2:57 PM

I think the question of whether a convicted felon should ever be allowed to own firearms should turn on the nature of the felony. If a firearm was involved in the felony, of course, he should be prohibited. If the felony was writing a hot check, or possessing drugs, why would we think that allowing the convicted felon to possess a firearm would constitute a threat to society?

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Posted by plainjim on 11/14/2011 at 9:06 PM

If you can't trust a man without a caretaker, can you trust the man to be let out of jail? What is he doing out of jail, if you can't trust him with his rights?

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Posted by Steve Jones on 11/22/2011 at 10:02 AM
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