Animus
Regular Member
Last I checked the Bill of Rights binds the hands of the government, not other citizens. Granted you're just as entitled to take your business elsewhere as they are to post gun buster signs, there's nothing wrong with that.
there was a time it was the norm. But you are most likely right. somebody is probably getting a paycheck out of it.
Hence my edited-in time machine comment
didn't see that when i posted my last. but yeah, sounds about right. hopefully we won't need that type of extreme, but...
Well, yes and no....
When Marky-Mark was 17, he was convicted of attempted murder, and was sentenced to 24 months, but only served 45 days because he was a minor. Under a quirk of MA law, this DOES NOT make him a "convicted felon" and not a "prohibited person".
However, under Federal law, he DOES qualify as a prohibited person.
So he can't purchase a firearm from an FFL, or in any transaction that requires a BATFE Form 4473. But if he purchased a firearm through a private transaction in a jurisdiction where no FFL involvement or NICS check is required, he COULD purchase and possess...
I do not know specifically how many States this would apply to, but I know that some would consider attempted murder in the same category as an aggravated assault, domestic violence or any of many other disqualifying crimes of violence or act that if a person has been found guilty of, not guilty by reason of insanity or if they are presently on bail for any of those crimes, would make them a Person Prohibited from owning and possessing a firearm even at the State level. Here is the Washington State law that supports that statement. http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.040
Under many state laws, a juvenile record can be expunged and sealed, after a certain period of time and under certain circumstances - which should remove Marky-Mark's felony conviction (assuming he applied for such consideration). Pax...
I will agree that "most" states will expunge or allow juvenile court convictions to be expunged or sealed, however, I also know (have seen) that because of the 3 Strikes law.. that though the actual records of an expunged felony conviction may be sealed, the indicator of that conviction will exist for life, which could IMO make a person prohibited from owning a firearm permanently and is the case for Mark as well. After all, attempted murder is a violent felony that would qualify under the 3-strikes rule.
You have a point there... IF a single "violent felony" counts as 3-strikes. I have no idea what M-M's arrest record looks like, but I believe the 3-strikes rule only applies if there are three separate court convictions. It's not an "all-in-one appearance" deal. Pax...LkWd_Don said:I will agree that "most" states will expunge or allow juvenile court convictions to be expunged or sealed, however, I also know (have seen) that because of the 3 Strikes law.. that though the actual records of an expunged felony conviction may be sealed, the indicator of that conviction will exist for life, which could IMO make a person prohibited from owning a firearm permanently and is the case for Mark as well. After all, attempted murder is a violent felony that would qualify under the 3-strikes rule.
I hope you are not thinking that I am saying that a single felony counts as three strikes.. What I am saying is, as I understand it, that because of the three-strikes law, all violent felony convictions are tracked.. even those that would have been expunged and sealed due to the age of the convict. The felony still shows as having been a conviction only for the purpose of adding to additional counts.. and when a total of 3 qualifying violent felony offenses are committed, then the three-strikes rule kicks in to convert the jail sentence to life without parole.