reformed felons have right to self defense?

The colloquial "convicted felon" disability encompasses any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.

The term "crime punishable by imprisonment for a term exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

This post is not in response to any prior posts nor am I disputing whether anyone has been prohibited from possessing a firearm. It is just a couple of sections from the federal statute that I thought might be of interest. :)
 
The term "crime punishable by imprisonment for a term exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.


it looks like a loop hole for crooked politions and bankers--Enron ect.
 
Here's the skinny on the Restoration of Rights function of the Treasury Department.

Ever since the program was defunded in the early 90's no one has been able to get their rights restored. The program functioned like this:

You apply to the Treasury Department for a restoration of rights.

The Treasury Department investigates to see if you are worthy.

If they deny you the restoration, you could then go to a district court in your jurisdiction and petition for restoration.

But here is the fly in the ointment. In the absence of an actual denial you cannot go to the district court. Then comes Thomas Lamar Bean.

Bean got his letter of request back from the BATF and there was no action taken due to the defunding. He took his case to the SCotUS and HERE is their decision.

I covered this in detail in my thread HERE and followed it up HERE.

Those of you who cannot have your rights restored have the folks who refuse to do anything about it to thank. You can start by posting your "Thanks" right here on this forum.
 
Footnote in 5th Cir. Ct. App.

We note with particular irony that according to Sen. Lautenberg the original relief provision was enacted specifically to rescue the Winchester Firearms Co., whose parent corporation Olin Winchester had pleaded guilty to felony counts on a kickback scheme and whose very existence was threatened by the subsequent denial of its ability to possess and sell firearms. As previously noted, beginning in 1993 Congress amended its appropriations language to permit the BATF to process petitions for relief made by corporations. In the case at bar we are presented with a situation that is virtually indistinguishable from that used to justify those actions, i.e., absent the ability to possess and sell firearms Bean will lose his business. Bean is his "corporation," and the inequities of the situation are readily apparent. To the suggestion that a corporation, unlike an individual, cannot be a physical threat to use firearms to harm the public we note that the record is replete with testimony from legislators, law enforcement officers and BATF agents as to Bean's lawful character.

Bean v Bureau of Alcohol Tobacco & Firearms, 253 F.3d 234 (5th Cir. 2001).
 
b22

but I wouldn't know where to find a lawyer who could. How would I find one??
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My reply:

Call your state Bar. The number should be in the business section of the phonebook and will be listed as "state in which you reside" Bar (e.g. South Carolina Bar). Good luck.
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The contact information:

Ohio State Bar Association
1700 Lake Shore Drive
Columbus, Ohio 43204
(800) 282-6556
(614) 487-2050
Fax: (614) 487-1008
www.ohiobar.org
 
Reformed!!??? :barf: Read the stats on that successful do-gooder program. Sure a small percentage, and I truly feel sorry for them. How do you filter them out of the others who need a gun for the visit to the local 7-11??? I'll quote Sean Connery from a movie ... "IF YOU CAN'T DO THE TIME, DON'T DO THE CRIME" ... including its raminifications. I am sure none of the Enron execs are a danger to society with a gun ... but .....
Cynic ... and realistic.
 
The bottom line is

....if you are white, connected, have unlimited resources (read cash), have the best scum on earth to represent you (read lawyers), you WILL get your rights restored. It doesn't matter what the crime is...the privileged, the proud, the corrupt, and the most perverse of this group have nothing to fear. (attach roll eyes here)
 
williamd

Reformed!!??? Read the stats on that successful do-gooder program. Sure a small percentage, and I truly feel sorry for them. How do you filter them out of the others who need a gun for the visit to the local 7-11??? I'll quote Sean Connery from a movie ... "IF YOU CAN'T DO THE TIME, DON'T DO THE CRIME" ... including its raminifications. I am sure none of the Enron execs are a danger to society with a gun ... but .....
Cynic ... and realistic.
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Do you include this guy?

http://www.thefiringline.com/forums/showpost.php?p=668994&postcount=1

http://www.thefiringline.com/forums/showpost.php?p=669013&postcount=2


The big question, however, is who is to protect those who have had their right to defend themselves removed?

According to the high court in Warren there is no duty nor expectation of the police to protect any individual.

<conundrum> If the police have no duty to defend you and you have no right to defend yourself then who does defend you; and do you have a duty to die at the hands of a criminal becsue your right to kill him first has been removed; or do you simply depend on those who have no duty to protect you? </conundrum>
 
We have politicians with serious background flaws in charge of our nation's vital interests. Some are Senators, Congressmen, and some became President. If they can control a nuclear arsenal, I don't have any problem with a person, perhaps older now and wiser being able to own weapons, especially if he now has a long record of being well adjusted to society.
Everyone makes mistakes. That's how we learn.
 
From the ATF's FAQ page:
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
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If it's a state conviction, restoration of rights by the state is all you need.

I know this from first-hand experience. Long and long ago, at age 17, I was convicted of a felony. (Not violent). As a condition of the conviction of course, I was prohibited from owning firearms. 5 years after the completion of my sentence (2 yrs probation) I was eligible to apply to have my record expunged. I did so and, as I hadn't had so much as a speeding ticket since, the motion was granted.

Since my record was expunged I can truthfully and LEGALLY answer "NO" to the question of "Have you ever been convicted of a felony?"

I have no problems passing the NICS and have even been issued a CCW.

Once it's gone, it's gone. Rules and regs vary from state though, you will have to research carefully.
 
http://www.foxnews.com/wires/2007Apr05/0,4670,FelonsRights,00.html

Fla. Felons to Regain Rights More Easily
Thursday, April 05, 2007

By DAVID ROYSE, Associated Press Writer

E-MAIL STORY PRINTER FRIENDLY VERSION
TALLAHASSEE, Fla. — Most Florida felons will regain voting and other civil rights more quickly after completing their sentences with changes approved Thursday by the governor and the state clemency board.

All but the most violent felons can now avoid waiting for a board hearing, a process that sometimes takes years.

Felon voting rights drew attention after the disputed 2000 presidential election, when many non-convicts were purged from voter rolls because of rampant errors in the state's prison database.

Florida was one of three U.S. states, along with Kentucky and Virginia, with a lifetime requirement that felons take action to restore their civil rights. In most other states, those rights are restored once people complete prison, probation or parole.

Under the change, which takes effect immediately, Florida officials will automatically begin the rights-restoration process for felons when they finish their sentences. People who previously completed sentences but are still awaiting restoration of their rights will have to apply on their own because most are not tracked by the state after their release.

Republican Gov. Charlie Crist, who was elected governor last November, has long believed that felons should get their civil rights back after serving their time.

The 3-1 vote Thursday was a compromise, continuing to require murderers and other violent felons to either go before the board for a hearing or at least undergo a review.

Republican Attorney General Bill McCollum cast the sole opposing vote, saying the change was welcoming the worst of the worst back into society too easily. Voting with Crist for the plan were Republican Agriculture Commissioner Charlie Bronson and state Chief Financial Officer Alex Sink, a Democrat.

A federal lawsuit challenged the ban on grounds that it disproportionately affected blacks, but the 11th Circuit Court of Appeals rejected that argument in 2005, noting Florida first banned felon voting in 1845 _ before blacks were allowed to vote. The Supreme Court later let that decision stand.

Copyright 2007 The Associated Press. All rights reserved.
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Now how do we get the legislatures to implement this?
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Well, I'll be dipped in ****, rolled in cornflakes, and wrapped in wax paper!

THEY JUST DID THIS IN FLORIDA !!

Looks like Florida is starting to see the difference between real crimes, that is, those having VICTIMS, and phony crimes, those that busybodies just don't want you to do.

Kudos to the Florida Legislature once again, and to Charlie Crist. Even though I typically vote Democrat down the line, I have made rare exceptions. If he keeps this up, he'll be the next exception for reelection.
 
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