How Can A Convicted Felon Get His Gun Rights Back?

Regular readers will recall that I have posted many times about convicted felons and gun rights. At the Federal level, there is really no way to get your gun rights back. In fact, I have noticed several innocent people whose names are in the FBI’s NICS database, and cannot seem to get them removed. Much like the “no fly” list that Slick Charley Schumer wants to extend to gun owners.

But that does not hold true at the state level. for gun owners. The Volokh Conspiracy reports on a North Carolina court case in which a Court restored a convicted felon’s state gun rights, on the basis of the amount of time the man has led a blameless life.

Briefly quoting the Volokh Conspiracy item linked above:

The trial court concluded that, when Heller said that bans on felon possession of guns were “presumptively valid,” this presumption could be rebutted, and in this case it was rebutted, given the age of Johnston’s conviction and his apparently blameless life since then. The court also suggested that its analysis might also apply to people whose last convictions were as recent as seven years ago, especially when the convictions were for nonviolent crimes; but it didn’t have occasion to issue any specific holding on that point.

I agree with the Court. If a man has paid the price for his crime, and led a crime free live for some time, he should have his gun rights restored. And his voting rights, as well.

Hopefully, the North Carolina law will become a model both for other states and the Congress, amended to a more reasonable period before restoration than twenty years.

Also hopefully, the FBI will figure out how to get the name of those who have never been convicted of any crime out of the NICS system.

Stranger

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