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Legal felon firearm purchase
- Thread starter sinear
- Start date
Spotted Owl
New member
I'm not looking for a learned legal dissertation here, just a general answer to a simple question: what is the legal basis of depriving a felon of any rights?
I can understand taking away the right to vote and own guns while a felon is incarcerated and during any probation/parole period, but why deny rights after the felon has fully paid his debt to society?
I can understand taking away the right to vote and own guns while a felon is incarcerated and during any probation/parole period, but why deny rights after the felon has fully paid his debt to society?
The legal basis would be an extension of the same thinking that says that you don't allow a citizen his 2nd Amendment RKBA while he's in jail or prison. Likewise a person on probation can be denied their 4th Amendment rights while they're out of prison.
Question: Is anyone here familiar with this "First Time Felon" expungment business in LA? What does it take to qualify for it?
Just out of curiosity, what was the felony? Has it been mentioned yet and I missed it? A mistake is when you spill your milk. Committing an armed robbery would NOT be a mistake, but a crime. Where do we stand, on that scale?*and why is everyone trying to bash this guy who made a mistake, paid for it, and is now on the straight and narrow?
Question: Is anyone here familiar with this "First Time Felon" expungment business in LA? What does it take to qualify for it?
I don't know about Louisiana's law, but Georgia apparently has something similar. From a Runaway Bride story:
What is Georgia 's First Offender ActChoking up before a judge Thursday, a Georgia woman who became known as the "runaway bride" pleaded no contest to a felony charge of making false statements to police.
After Thursday's court hearing, Gwinnett County District Attorney Danny Porter said that Wilbanks received a sentence under Georgia's First Offender Act, meaning the felony will be expunged from her record if she successfully completes probation.
Upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.
If the terms of the first offender sentence are successfully completed, and the probationer discharged, the arrest record is sealed. GCIC must receive official notification that the subject has successfully completed the FOA requirements. The record is not automatically sealed based on the elapse of the probation sentence.
Georgia law (O.C.G.A. § 42-8-65(b)) requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation. Courts may also revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt.