Guns ruling spawns legal challenges by felons
July 19th, 2008 . by TexasFredWASHINGTON (AP) - Twice convicted of felonies, James Francis Barton Jr. faces charges of violating a federal law barring felons from owning guns after police found seven pistols, three shotguns and five rifles at his home south of Pittsburgh.As a defense, Barton and several other defendants in federal gun cases argue that last month’s Supreme Court ruling allows them to keep loaded handguns at home for self-defense.
Full Story Here:
Guns ruling spawns legal challenges by felons
I don’t know how everyone else feels about this, but in MY opinion, anyone that has been convicted of a felony, that hasn’t had that conviction overturned and expunged from their record, knows full well that by their commission of a felonious offense, and their conviction of said felonious offense, they have forfeited their rights to own firearms in most locales.
And quite honestly, I have absolutely NO problem with that being the law of the land. An example of some state laws, this one being from Wisconsin:A prohibited person is a person who is specifically prohibited from exercising his or her right to bear arms. Wisconsin statutes provide specific laws about who is prohibited from carrying a firearm. In general, prohibited persons include anyone who has been convicted of a felony, as well as anyone who was found not guilty or not criminally responsible by reason of insanity or mental disease, defect or illness, whether the determination was made in this or another state, unless a court ordered otherwise. Plea bargaining for a felony conviction is still a felony conviction. Felon In Possession Firearms Or Dangerous Weapons
And then there this little gem from Washington state:
As a sentence condition and requirement, offenders under the supervision of the department of corrections pursuant to chapter 9.94A RCW shall not own, use, or possess firearms or ammunition. In addition to any penalty imposed pursuant to RCW 9.41.040 when applicable, offenders found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions as provided for in *RCW 9.94A.634. Firearms or ammunition owned, used, or possessed by offenders may be confiscated by community corrections officers and turned over to the Washington state patrol for disposal as provided in RCW 9.41.098. RCW 9.41.045: Possession by offenders.
OK, I’m just not seeing a lot of *wiggle room* here. The laws are fairly clear in their *shall not possess* I think. Some states DO make provisions but are very vague in their public statements:
Felon in Possession of a Firearm MCL 750.224f
If you are a convicted felon you must meet certain requirements before you are lawfully allowed to carry a firearm. If you, as a qualifying felon, are caught in possession of a firearm, you could be facing felony charges and a prison term of 5 years along with potential fines of up to $5,000. Michigan Firearms Charges
I don’t deny anyone the right to self defense, but a violent felon has placed himself in a position to face a loss of rights, and perhaps, after a period of time and rehabilitation, there could be some form of reinstatement, but the criteria would have to be very strict and well enforced.
I guess Tony Baretta said it best, “If ya can’t do the time, don’t do the crime…”, or, as in Robert Blake’s case, at least have a sympathetic jury.
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