-=> Quoting Mark Ou to Steve Gunhouse on 15 May 96 20:52 <=-
Re: Firearms and felons
SG>MO>I don't have any problem with suspending
SG>MO>a convicted felons rights even after
SG>MO>he's been released from jail. That's
SG>MO>still part of the penalty he or she
SG>MO>pays for the crime. It just happens that
SG>MO>he or she is no longer incarcerated.
SG>If that's made an official part of their sentence, sure. If they're
SG>sentence is only supposed to be, say, eight years, then after 8 years
SG>they should have all rights restored. IMHO.
MO> But it IS part of their sentence, no?
MO> I assume that the restrictions regarding
MO> convicted felons and firearms possessions
MO> are written in state or federal laws,
MO> thus making it part of the penalty for
MO> having been convicted of a felony --
MO> doesn't have to be in the US Constitution.
MO> Remember, the US Constitution gives the
MO> states the rights to pass laws like those
MO> that keep firearms out of the hands of
MO> convicted felons.
The point was that it isn't up to the judge. No matter the circumstances
surrounding the crime, he can't say "... and your ability to own a
firearm is suspended for x years". No matter what the circumstances - if
you were only guilty of some non-violent felony and there were some
extenuating circumstances - you lose your rights until the state laws
allow you to petition for restoration (which at least here isn't
dependent on the crime).
If the length of suspension depended on the crime or sentence, I could
accept it. As it is, you have to file a court action to get your rights
back, they are not restored automatically after some period.
That's the story on some of these people who were refused under Brady.
They committed a crime, served there time, and were released years ago.
They have lived decades without committing another crime, and are fine,
upstanding citizens. But they weren't aware that they were supposed to
ask to have their rights restored, and so they turn up on the Brady check
as convicted felons who aren't allowed to purchase guns.
I'm sorry, but I can't accept that you should have to *ask* for your
rights back. That's all there is to it.
Steve
... Necessity knows no law except to conquer. - Publilus Syrus
--- GEcho 1.00
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* Origin: Sub-Rosa, for those held in terrestrial bondage. (1:381/74)
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