COULD A NON-VIOLENT FELON GET HIS GUN RIGHTS BACK?

Sentencing Law and Policy suggests that may be a possibility. In a case handed down in the 7th Circuit an appeal by a violent felon’s attempt to overturn the Federal Felon in Possession Law was rejected but the decision’s wording suggests the court may be open to restoring the Second Amendment rights of a non-violent felon.

Briefly quoting the Sentencing Law item ““[A] person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the Court.”). Williams, as a violent felon, is not the ideal candidate to challenge the constitutionality of § 922(g)(1).”

I have mixed emotions about this one. In general, I support restoration of full Second Amendment Rights to a non-violent felon whose sentence has expired, and has a reasonable period of good behavior thereafter. I well remember a friend who pleaded guilty to moonshining, when the community could not find a single illegal thing he had ever done. As he said “My brother had a wife and two kids and I was single.”

But on the other hand, the typical first time gun criminal already has 2.4 felony convictions, 1.8 of those for violent crimes, the first time they pick up a gun. And the overwhelming probability is that they will return to their chosen way of life as soon as the prison doors open.

So that is a nice question. Felon’s gun rights were extensively discussed during the 1930’s, and the decision was to cut felons off, forever. But perhaps it is time to readdress the issue. Even the Wright Rossi Report admitted ex-cons need to defend themselves as well as the law abiding.

Gun rights restoration for those who have only one non-violent felony, after the time of their sentence has passed plus three years, perhaps?

Stranger

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7 Responses to COULD A NON-VIOLENT FELON GET HIS GUN RIGHTS BACK?

  1. Please hear me out it has been 19 years after my breaking and entering charges and i learned my lesson,,just one more chance!!! I will never get in any more trouble please! How can we prove ourselves if we don’ t get the chance? I just want to be like any normal person and be able to protect my family!!! Someone please help me.

  2. Rena says:

    That’s all any of us want. One More chance to prove ourselves law abiding citizens. We’re born in this country and we end up with less rights than the illegal alien that’s living right next door.

  3. your right our rights are lefts now,we should be able to get that one chance at least my gosh,give us ones a chance that has proved were trying!! anywaY how are we going to prove anything if we dont get the chance to prove?……….gibbs…….

  4. bill says:

    quit your wineing

  5. who can help us x-felons to get our 2nd ammendment rights back?

  6. Walt says:

    I would have to agree on the non-violent felons getting rights back. I personally have two Felonies in wich the victims tried to drop. I am now a Reposessor agent and wish to be able to protect myself and also be able to go out hunting and put more food on the table. I spent my time and a little extra in prison for it and it has been over ten years now. Now days I don’t even think of breaking the law but I do think about the people I have had come out of their houses with a gun when I goto reposses their car.

  7. mike austin says:

    got 2 dui in 5 years over 15 years ago i want my gun rights back

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