(chuckle) No, I don't. I only pretend to on the Forums. In real life, I go door-to-door selling pre-packaged parakeet food.Quote:
Originally Posted by sofasurfer
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(chuckle) No, I don't. I only pretend to on the Forums. In real life, I go door-to-door selling pre-packaged parakeet food.Quote:
Originally Posted by sofasurfer
Sarge, please allow me to correct my answer....
Quote:
Originally Posted by Sarge47
Quote:
Originally Posted by Ken
I overlooked one word in your question - "PAROLE." That changes my answer to "NO!" However, if he was simply released without parole, my answer would still be yes. In one of my earlier posts, I suggested that all rights should be restored once a sentence is served and parole and/or probation has been completed.Quote:
Originally Posted by sofasurfer
A danger still exists, even if my position were to be adpoted, because many laws now provide for lifetime probation or parole. In order to push the anti-gun agenda, I can envision the floodgates bursting open with laws being passed to impose lifetime parole/probation for even minor offenses.
Our legal system is often considered to be the best in the world. I'll withhold judgment on that claim, but I will say that our legal system is terribly flawed, to the point where law rules and justice is tossed in the trash. More on that at another time.
Oft times it's how things are interpreted. I don't see anything in the 2nd Amendment that grants the right to own a firearm by a convicted felon either. The city I live in is facing a major lawsuit over this nonsense right now!
http://www.mcdonoughvoice.com/articl...NEWS/130409710 .....:lol:
Quote:
Originally Posted by sofasurfer
Don't you know the law?
first things first LMAO HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAQuote:
(chuckle) No, I don't. I only pretend to on the Forums. In real life, I go door-to-door selling pre-packaged parakeet food.
Ken, Need me to send you a couple books so you can catch up with some of the others on here when it comes to the Law?
Oh...and sofasurfer,
Just so you know, Ken not only practices constitutional law, he has also taught it. He's what you might call one of them there constitutional scholars.:smartass:
You might mean to say no person who has been convicted of a felony can legally own a firearm. Most people convicted of felonies don't obey laws anyway.Quote:
No one convicted of felony can own a firearm.
Charles Manson? Charles Manson with a gun? That really is a bad example. Charles Manson types make scape goats and play scape goats in a court room.
I grew up in South Florida. Everybody smuggled or had some kind of connection with drugs. I know several dozen of felony convicts that own and use guns. Most moved out of Florida. Some even involved local law enforcement in armed disputes. Had a buddy that grew up next to me buy a piece of land in Missouri that was surrounded by another fellows land. He was told by the seller that the land owner liked to point 12 gauges at the land owners and tell them they were trespassing to get to their land. He found out that the guy had to give him a clear route of access and he went and enforced his rights with a 12 gauge.
here is were those restrictions came from... the 1968 gun control act.
AS QUOTED FROM Section 922 Section D Bowleg 1-9
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien - (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who (!2) has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that - (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.
Exceptions as quoted from DEFINITIONS GCA Sec.921 (a)(33)(B):
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Many states automatically reinstate gun ownership rights upon completion of sentence, some depend on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction.
Ken were you on The Common today?
Or seen the as usual biased article written up in the Globe about it?
I had to stop reading the comments there.
All the rest of the state news outlets just quoted the AP wire. Even though the event was happening only blocks from their offices.
This state should just bulldoze Minuteman National Park in Lexington/Concord and build condos. They should raze Paul Revere's house and rip up the bricks of the Freedom Trail, send a broadside into the USS Constitution and burn the Old North Church. This state doesn't deserve to represent the Cradle of Liberty any more. And so goes the country.
I don't happen to believe in the extreme opposite though either. The Constitution guarantees Freedoms that the conservative side would like to limit as well. If both sides saw the Constitution as a whole, rather than just the pieces that suit their purposes we might have more common ground against those that want to dismantle it altogether.
I wish I could have been.Quote:
Originally Posted by LowKey
Instead of being someplace I wanted to be, I wasted most of the day in court with a guy who has been a regular client for over 20 years. Today was his "come to Jesus" day. Can't say much about him other than that I've warned him this day would come at least 100 times. Same crime, repeated 16 times with a different victim each time, over 20 or so years. Can't believe I kept him out of jail the third time he was charged. Of course, now that he's locked up for the first time ever, he "can't understand why."
I get up to the North End quite often. I look at the Old North Church and just shake my head. Massachusetts is a pathetic state. Violent crime and armed robberies are on the rise, unemployment in my area is over 15% (documented) and all the politicians can do is clamor for more gun control, taxes, and welfare programs.
The Globe is a rag. Fortunately, it may fold soon.
If I didn't have family and a 30 year practice here, Id be long gone.
It's like a slow cancer. It's painful to watch and know things will only get worse. I'm going to enjoy every day that I can. It'll be over soon enough. So, I choose to have fun while I can.
The 1968 gun control act may be law, but it is an illegitimate law. The 2nd amendment say "shall not be infringed". Most federal laws are illegitimate. Federal gov is very limited in authority. Trouble is that we have allowed it to go unchecked.
It really irks me that the government can turn an ordinary law-abiding citizen into a felon overnight, while doing absolutely nothing about the real felons out there.
They shouldn't be able to do that. Gun ownership seems to be about the only venue where they keep doing that crap. If it was legal yesterday, it should be legal today. The burden of proof shouldn't be on the citizen that they are 'suitable' for exercising their 2A right and they certainly shouldn't have to sign away other rights to gain that 2A right. In this state, on the table is a proposal that all applicants for a license have to sign away their HIPPA rights so a police chief can look at their medical records, with the age old mantra "if you are applying for a gun license you shouldn't have anything to hide". This from politicians who won't disclose their tax returns.
Medical records? If you aren't in the NICS, there is no need for a chief, any of which may be one of the anti-licensing cadre to look over your last endoscopy results (they might find the whole MA legislature up there). And what other conditions might they think disqualify you? Any which they can't pronounce maybe?
As for former inmates getting back their 2A rights, I can agree with the consideration if the crime was non-violent and especially if it didn't involve a violent use of a gun. Note I said violent. I've heard of a few cases where spousal arguments have resulted in gun confiscation due to a restraining order issued as reprisal.
There lies the problem, my friend. Even you, a strong supporter of the Second Amendment, are willing to make room for exceptions. Exceptions and one minor restriction after another have brought us where we are today. Your intentions are good, but if you think about it, so are the intentions of many (not all, but many) of the people who would ban AR-15s, 30 round magazines, flash suppressors, pistol grips..... When it comes to our rights, we must safeguard them and fight EVERY attempt to restrict anyone in any way - even those we may consider to be our enemies - from exercising such rights.Quote:
Originally Posted by LowKey
Ken, just to play devils advocate (you know my position) couldn't the loss of their 2nd Amendment rights be considered part of their sentence? If it were, then I would hope that it would only be part of a sentence for certain crimes.
The Constitution trumps everything else. No legislative act, state or federal, can deny you those rights. In my humble opinion, EVERY decision of every court that has approved any restriction on our Second Amendment rights has been dead wrong. The Supreme Court has been "legislating" since Marbury v. Madison. Our "independent judiciary" is just as political, biased, and corrupt as the other other two branches of government.Quote:
Originally Posted by crashdive123
To be honest, while I have always wished it were possible to roll back all the laws to something a little more manageable, it never really occurred to me to roll em back all the way to just The Constitution... if I read what you're saying correctly. Though it may put you out of a job.
That's not at all what I'm saying. However, if you were to exclude SOME, not all, environmental protection laws, and SOME, not all, civil rights legislation, this nation would probably be far better off if we repealed about 99% of the state and federal laws and regulations enacted in the last 50 years. Period.Quote:
Originally Posted by LowKey
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