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  • DoubleDuty

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    Exactly. If we are going to go as far as to abolish or repeal all unconstitutional gun laws, then a former convict once they have completed their sentence should have all of their rights restored, including their right to bear arms as provided by the 2nd Amendment.

    Last I checked, nothing in the 2nd Amendment has a provision for depriving anyone of their gun rights simply because they committed a criminal act. Only that they are deprived of any rights, if they are given due process of the law. IMO, that means only while they are sentenced, are they deprived of their gun rights, but once that sentence is completed, their rights are suppose to be restored as before.

    I have always held the belief, that once a felon comes out of prison, all of their rights should be restored. If their is the belief or feeling that this person is so dangerous that they can not be trusted with a firearm in their possession, then logically I would believe maybe that they are too dangerous to be walking among us in society in the first place.

    ETA:

    So I don't believe we should be cherry-picking what parts of the gun laws we like and those we don't like. Either we live within what is already there, or we do away with all of them being unconstitutional.

    Last I recall. if we restore the gun rights to a felon, and they commit a new criminal act using a gun, or not, that can be taken into consideration during sentencing for the new criminal act. And the simple fact is, "A Felon In Possession." law hasn't and never will keep a felon from getting a gun if they feel they need or want one. That's just some of that liberal anti-gun nonsense rearing it's head again.
    I support shall not be infringed
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    leVieux

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    Where in the Constitution does it say "Except for the Felon in Possession Law"? Exceptions is what has eroded the Constitution.

    Of course, maybe I missed the part where it says "Shall Not Be Infringed, unless you're a felon"


    Civil rights may be suspended for those convicted of serious violent crimes.

    Also, non-citizens have no constitutional rights. Many jurisdictions chose to confer hos rights, but that is not mandated under our U S Constitution.
     

    easy rider

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    Civil rights may be suspended for those convicted of serious violent crimes.

    Also, non-citizens have no constitutional rights. Many jurisdictions chose to confer hos rights, but that is not mandated under our U S Constitution.
    First of all, not all felons are murderers. I'm a "Let the punishment fit the crime" type of guy. If it is believed a person is a danger to society and can't have his/hers rights restored, then don't let them out. If someone goes to prison on a felony for say a 10 year sentence, and after that 10 years, restore their rights. If it is believed that after a 10 year sentence they shouldn't have their rights returned, then obviously the punishment wasn't harsh enough.
     

    Axxe55

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    Civil rights may be suspended for those convicted of serious violent crimes.

    Also, non-citizens have no constitutional rights. Many jurisdictions chose to confer hos rights, but that is not mandated under our U S Constitution.
    Civil rights and constitutional rights are not the same. Rights are only suspended when in the course of due process. The 5th and 14th Amendments explain due process according to the law very well.




    I see no where, it states for those convicted of serious violent crimes.

    @leVieux you might want to brush up on your reading of the Constitution and the Bill of Rights before lecturing on what is unconstitutional or not.

    It wasn't even until the passage of the 1968 Gun Control Act that there was anything such as "prohibited" person being denied possession of a firearm.

     

    leVieux

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    First of all, not all felons are murderers. I'm a "Let the punishment fit the crime" type of guy. If it is believed a person is a danger to society and can't have his/hers rights restored, then don't let them out. If someone goes to prison on a felony for say a 10 year sentence, and after that 10 years, restore their rights. If it is believed that after a 10 year sentence they shouldn't have their rights returned, then obviously the punishment wasn't harsh enough.

    OK, but my point was that we cannot continue allowing ANYONE to push their OPINION to over-ride our U S Constitution; especially not Judges or SCotUS "Justices". Their interpretation of our Constitution and Laws cannot directly contradict those. O/W we have a TYRANNY, which is the present situation.

    leVieux
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    easy rider

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    OK, but my point was that we cannot continue allowing ANYONE to push their OPINION to over-ride our U S Constitution; especially not Judges or SCotUS "Justices". Their interpretation of our Constitution and Laws cannot directly contradict those. O/W we have a TYRANNY, which is the present situation.

    leVieux
    .
    Agreed! Unfortunately, we have a government for those in government, not for the people as our founding fathers had intended. The 'swamp' enrich themselves through power and special interest, while citizens are only a means to keep them in power. The justices, maybe to a lesser extent, are not much different. As long as it doesn't infringe on their lifestyle, why bother?

    The U.S. government was mainly set up to be a negotiator between state's laws and to field a United States military. The states were always meant to have more power in governance over it's own citizens than federal over the whole. That's the reason for a constitution.
     

    leVieux

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    Agreed! Unfortunately, we have a government for those in government, not for the people as our founding fathers had intended. The 'swamp' enrich themselves through power and special interest, while citizens are only a means to keep them in power. The justices, maybe to a lesser extent, are not much different. As long as it doesn't infringe on their lifestyle, why bother?

    The U.S. government was mainly set up to be a negotiator between state's laws and to field a United States military. The states were always meant to have more power in governance over it's own citizens than federal over the whole. That's the reason for a constitution.

    NO arguments here; all that is correct and appropriate.

    leVieux
     

    leVieux

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    There are mechanisms NOW to restore Constitutional rights to previously convicted Felons. A judge of the same or a higher court by order, or by Governor or President through a "Full Pardon". If this is not correct, would one of the Attorneys on here please tell me.
     

    easy rider

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    There are mechanisms NOW to restore Constitutional rights to previously convicted Felons. A judge of the same or a higher court by order, or by Governor or President through a "Full Pardon". If this is not correct, would one of the Attorneys on here please tell me.
    The question is not on the current ways to restore rights, but rather when have you paid for that crime? There are people in jail where we can definitively say, no or never, but then those should have probably paid the ultimate price, instead of rotting in a prison cell. Certainly there are cases of murderers being released that murder again, but did withholding rights stop that? If it's in a person's nature to kill, they'll find a way.
     

    Axxe55

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    There are mechanisms NOW to restore Constitutional rights to previously convicted Felons. A judge of the same or a higher court by order, or by Governor or President through a "Full Pardon". If this is not correct, would one of the Attorneys on here please tell me.
    I'm not an attorney, and don't even play one on TV either, but my understanding is, yes, they can petition the court for an expungement of the conviction. It has to start in the jurisdiction in which the original verdict was handed down, and a person usually would probably need an attorney to handle the case.


    Even if you petition the court for an expungement, there are no guarantees that it will be granted. And certain criminal offences are never even considered eligible for expungement.

    Also different states have different requirements and standards in which the expungement process goes through.


    Even petitioning for a pardon is not guaranteed either.
     

    leVieux

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    The question is not on the current ways to restore rights, but rather when have you paid for that crime? There are people in jail where we can definitively say, no or never, but then those should have probably paid the ultimate price, instead of rotting in a prison cell. Certainly there are cases of murderers being released that murder again, but did withholding rights stop that? If it's in a person's nature to kill, they'll find a way.

    We must demand that OUR Constitutional RIGHTS be respected here and NOW. Quibbling about rights for Felons can wait ! This is just divisive. We all have opinions.

    Couldn't we just all agree to DEMAND our RIGHTS now ?

    And, to not accept less ?

    leVieux
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