Should a convicted felon ever get their gun rights back?

[Bill of Rights]

I have no problem with a former felon owning, even using, a firearm. Where I have a problem is when they use it offensively, that is, when they use it while initiating force. Then again, I have a problem with that whether the person doing it is a former felon or not. If they're initiating force, I think that's a problem. I take no issue with a like response to that force. To answer in terms of the asked question, if a person is attacked, why should he or she be forced to be a disarmed victim of that attack? Why should the law make him/her vulnerable? If that person is a former felon, this applies even more so, as he or she is likely to have people he or she knows that would attempt to either visit violence upon him/her or attempt to return him/her to the criminal ways of his/her past.

Should said person use the gun to commit more crimes, when caught, I think that that person has proven him/herself untrustworthy. Earning trust in the first place is a difficult process. Earning it back is more difficult, of necessity. Earning it back *again* should, again of necessity, be exceptionally so, almost to the point of impossibility. Such a person should be removed from society, whether by incarceration or execution.



Blessings,
Bill

 

[JB357Mag]

I have a couple of questions to ask you before I base my opinion on your situation.

1. Are 1st time DUI's a non-felony conviction?
2. Were you aware that if you got another DUI it would be a felony?
3. Were you aware that if you were a convicted felon, you would lose your gun rights?

Here are just some facts about drinking and driving, not intended to point fingers, but maybe someone will read this post, and think twice before getting behind the wheel drunk.

Most recent statistics I can find...

In 2009, there were 10,839 fatalities in crashes involving a driver with a BAC of .08 or higher – 32 percent of total traffic fatalities for the year.

Of the 10,839 people who died in alcohol-impaired-driving crashes in 2009, 7,281 (67%) were drivers with a BAC of .08 or higher. The remaining fatalities consisted of 2,891 (27%) motor vehicle occupants and 667 (6%) nonoccupants.


In 2009, a total of 1,314 children age 14 and younger were killed in motor vehicle traffic crashes. Of those 1,314 fatalities, 181 (14%) occurred in alcohol-impaired driving crashes. Out of those 181 deaths, 92 (51%) were occupants of a vehicle with a driver who had a BAC level of .08 or higher, and another 27 children (15%) were pedestrians or pedalcyclists struck by drivers with a BAC of .08 or higher.

1 Yes

2 No

3 No

Also note no Dui's since 1996, as u see Ive learned my lesson.

I think 16 yrs is a good indicator of my behavior.

As I said I didnt hurt anyone, Ive never hurt anyone in any way for that
matter.

I should find out shortly if this is going to work out.

Jimmy

 

[danmrt868]

It depends on what that said person has done. I agree with the thought of blanket legislation is horrible in most cases. My friend was a convicted felon and applied for his ltch after he spent a couple of grand to get his convictions changed. But he didn't mention he was busted for having some pot when he was 18 on his ltch app and was denied. He appealed and went to indy for hearing and he gave his side and they gave him it. That being said i beleave all people have the right to protect himself and the people they care for. Maybe case by case should be better then say all felons can't have guns. Just my thoughts!

 

[j706]

Everything should come into play at time of release, if you shot your wife in cold blood no should go without saying however if your being released for dui or child support things like that yea why not ? Can I not defend myself cuz I made a mistake ? Dont think so imo. I almost got a felony for having a fight with my cousin it was dumb yea but how many people here hasn't fought a brother or cousin?

Do you live in Indiana? I can't think of any battery charge against a cousin that would be a felony unless you really pounded on him, used a weapon or something. Just curious.

 

[j706]

I voted yes if a non violent felony.

Because thats me, Im trying to get my rights back right now.

I got a 2nd DUI in a span of 5 yrs in 1996. No accident no injury's
got pulled over for speeding and blew .10 when the law was .10.

Never did it again. never arrested for anything since.

If you think someone like me shouldnt own a gun, well u can
kiss my ass!!

Also 6 yrs active duty in the USAF 84 to 90, so Ive had some training.

Jimmy

I think loosing gun rights over a OWI felony might be a little strong. But I know you knew after your first OWI the 2nd in five would be a felony. So why did you do it? I agree 100% with the two in five being a felony. Heck I would go so far as to say two in ten should be a felony. The first one should be a strong message that it won't be tolerated. Any more after that shows that the first one didn't mean anything to the person driving.

 

[Trooper]

I think loosing gun rights over a OWI felony might be a little strong. But I know you knew after your first OWI the 2nd in five would be a felony. So why did you do it? I agree 100% with the two in five being a felony. Heck I would go so far as to say two in ten should be a felony. The first one should be a strong message that it won't be tolerated. Any more after that shows that the first one didn't mean anything to the person driving.

If a misdemeanor is a second chance then why not make misdemeanors up to five years? Felonies would be five years to life. Thus an OWI (DUI) would mostly be misdemearnors.

the reason that they do make them felonies is done after several arrests for drunk driving where it is clear that the drunks can not be trusted.

 

[j706]

Thats a real nice holier than thou art attitude you got there.


My best friend got drunk when he was 16. broke into a closed gas station, and stole a pack of cigerettes.
almost two years later, one of his family members who where with him that night got arrested for something stupid. he told the cops everything to help lower his sentence. my friend was arrested and charged with 3 felonies, 1 plea bargained down. 30 days in jail and 5 years of probation. he has never hurt anybody, or commited any crime before or since. he is now 35 years old, and he still has no right to own or carry a firearm. that is just not right. he stole a pack of cigarettes. so did i at the age of 17.
i got 3 months of probation and no record. he got 3 felonies, how is that fair?
i have to agree, if a felon gets out of jail and decides to be violent again, no dumb a55 gun law is going to stop him.

Negative...he has a felony because he BROKE into a closed gas station and STOLE something (anything) and all while drunk at 17. He deserves a felony IMO. Laws just don't mean anything to some people. Sorry but no sympathy here.

 

[thumperdogg]

1 Yes

2 No

3 No

Also note no Dui's since 1996, as u see Ive learned my lesson.

I think 16 yrs is a good indicator of my behavior.

As I said I didnt hurt anyone, Ive never hurt anyone in any way for that
matter.

I should find out shortly if this is going to work out.

Jimmy

I believe that you have stayed out of trouble since then, or your record would show it.

I have a hard time believing that you were unaware that a 2nd DUI would be a felony. I have an even harder time believing that you were unaware that a felony causes you to lose your right to carry, especially being retired military.

I mean this as no disrespect to you or any other good man that has served in our military, but just because a person serves in the military, it doesn't mean they are a good person or a proper person for that matter.

I am sure that some people want me to burn in hell for saying that, but it is the truth. I know several people that were trouble makers and joined the military just to avoid serving time. I've also known people that were just dying to join the military just to go kill some anti-American soldiers. This proves that are military is not just full of patriotic people, but some whack jobs as well.

I tip my hat to all soldiers who have served our country, but that doesn't mean I trust all of them.

 

[j706]

If a misdemeanor is a second chance then why not make misdemeanors up to five years? Felonies would be five years to life. Thus an OWI (DUI) would mostly be misdemearnors.

the reason that they do make them felonies is done after several arrests for drunk driving where it is clear that the drunks can not be trusted.

Man I have a simple mind. I am not sure what you are saying there. A 1st time OWI is usually a misdemeanor. That is to me sending a message. I also know that during the probaitionary stage of OWI convictions the offenders are made well aware that number 2 is going to me much worse.

 

[Hogwylde]

Why should someone that made a mistake be unable to defend themselves and/or their families for the rest of their lives?

For the same reason someone who gets someone pregnant/gets themselves pregnant has to be a parent for the rest of their lives. Some mistakes you just don't sweep under the carpet and get on with your lives over. Some mistakes follow you for the rest of your life. If you aren't smart enough to not DO those things that affect you for the rest of you life, then you are doomed to suffer the consequences FOR THE REST OF YOUR LIFE.

 

[ATM]

Why should someone that made a mistake be unable to defend themselves and/or their families for the rest of their lives?

For the same reason someone who gets someone pregnant/gets themselves pregnant has to be a parent for the rest of their lives. Some mistakes you just don't sweep under the carpet and get on with your lives over. Some mistakes follow you for the rest of your life. If you aren't smart enough to not DO those things that affect you for the rest of you life, then you are doomed to suffer the consequences FOR THE REST OF YOUR LIFE.

Was that your roundabout way of not answering the simple question?

 

[Ted]

Ha!

Every man who signed the Declaration of Independence committed a FELONY.

And Treason

Yes, to the Crown. Not unto their state, or the United States.

So ha right back at ya.

 

[Eternal Vigilance]

You've got to question the intelligence and moral character of anyone that gets convicted of a felony in the first place. And if you have reason to question their intelligence and character, you have reason to question if they should be allowed have a firearm.

I do not mean to attack your statement here, but there is an underlying assumption here that is not necessarily accurate: that law complies with common sense and morality. If you are talking about law in the malum in se (the thing is wrong in itself) category then I agree with you; there are grounds to questions someone's intelligence and moral character.

However, all law is not so. There is also the malum prohibitum (the thing is wrong because society has so deemed it, not because there is anything wrong with the action; examples include jaywalking, excreting certain levels of treated/diluted/non-harmful industrial waste into a river, shooting a game animal on your own property, carrying a gun on government property, and so forth). None of these things are things we would think of as morally wrong unless someone told us they were illegal. Yet such actions can and are illegal and can rise to the level of felonies.

To me, using the marker of "felon" paints a broad spectrum of people as "bad" which may not necessarily be representative of their fitness to own firearms. Just remember that the 2nd Amendment does not say you have the right to bear arms unless convicted of a felony; the court system said that. I would agree with side of the argument that favors restoration of gun rights to felons who have served their time/punishment with the condition that the person demonstrates they are now a good citizen and not likely to return to crime.

 

[Eternal Vigilance]

If you intentionally plan out and kill someone, can your debt ever be repaid?

No, it cannot. But this person should also never be allowed to be in a situation where they could buy/get a firearm. This type of crime used to be a capital offense (technically it still is) which regularly got the death sentence. I believe it should still carry this penalty. This solves the problem of whether First Degree murderers should be allowed to get guns.

 

[thumperdogg]

I just have to ask because the way his first post is stated. Does it mean that he is already a convicted felon in possession of a firearm?

https://www.indianagunowners.com/forums/general_firearms_discussion/199518-ownership_question.html

 

[thumperdogg]

About the 3rd post or so down, he is talking about picking up his new gun from the shop, of course he doesn't get to. He has revelaled in this thread to be a convicted felon. Isn't there a question on the FFL form that asks if you are a felon? Did you lie? I know after the fact, being convicted, you knew you had lost you right, correct?

 

[Bunnykid68]

About the 3rd post or so down, he is talking about picking up his new gun from the shop, of course he doesn't get to. He has revelaled in this thread to be a convicted felon. Isn't there a question on the FFL form that asks if you are a felon? Did you lie? I know after the fact, being convicted, you knew you had lost you right, correct?

I did not see where he stated he was a felon

Nevermind,

 

[JB357Mag]

I think loosing gun rights over a OWI felony might be a little strong. But I know you knew after your first OWI the 2nd in five would be a felony. So why did you do it? I agree 100% with the two in five being a felony. Heck I would go so far as to say two in ten should be a felony. The first one should be a strong message that it won't be tolerated. Any more after that shows that the first one didn't mean anything to the person driving.

You 100% wrong. I had no idea that 2 in 5yrs was a felony.

Im not condoning dui at all, big mistake shouldnt have done it.

I was lucky nobody got hurt. Never do it again, havent done it again.

Jimmy

 

[j706]

You 100% wrong. I had no idea that 2 in 5yrs was a felony.

Im not condoning dui at all, big mistake shouldnt have done it.

I was lucky nobody got hurt. Never do it again, havent done it again.

Jimmy

Cool I believe you. Some county's probation programs are no doubt different from where I work. Hope you never have to deal with that mess again. Good job to you and I mean that.

 

[JB357Mag]

Cool I believe you. Some county's probation programs are no doubt different from where I work. Hope you never have to deal with that mess again. Good job to you and I mean that.

Thanks!

Jimmy