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Felons that lawfully carry

eye95

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:) I am not worried at all about someone calling me a name...got over that in the 2nd grade and didn't think you were calling me those personally.

First, I never said a single thing about depriving someone of their rights after conviction and during incarceration...that is YOUR statement/implication not mine. Personally, I would deprive them of quite a few MORE during their stay on taxpayer time and money.

However, the decision to deprive someone of their RTKBA AFTER they have completed their sentence and are returned to live their lives in society IS selective and arbitrary. We do not deprive them of much else, just the ability to defend themselves in a society where society has VOCALLY waived that responsibility to protect it's members. What other SIGNIFICANT portions of the Bill of Rights do they lose after completion of their sentence? Therefore, that decision IS selective and arbitrary. (I really do not include the loss of voting and jury duty as a significant loss).

Perhaps you would like to demonstrate how is society safer by depriving RTKBA to a person who was convicted of a non-violent felony (let's say securities fraud) and then released from prison a few years later? It isn't. But, perhaps they should have their 4A rights removed or limited so we can search their computer records later to make sure they are not doing the same thing they were convicted of before? Obviously not...but it would make more sense than RTKBA.

If you want to oppose my choice of words, then feel free to demonstrate how my choice of words is incorrect.

The thing about name calling was not directed at your post, but the juvenile reaction to my answer.

I said nothing about during their sentence, nor can anything I said be reasonably construed as implying anything about what you said on that matter.

My point has nothing to do with that one iota. The forfeiture of the RKBA is a separate and distinct part of the consequences assessed after due process. The time of that penalty is independent of the time being served behind bars, a fine, or any other forfeiture of rights after due process as a result of committing a crime. Under the Constitution, that is perfectly acceptable. I see no one addressing that point other than with what amounts to "nuh-uh."

Again, I think States generally go too far in assessing that quite Constitutional forfeiture. My point is solely that saying it is unconstitutional is just plain unsupportable. It is a policy issue. Deal with it that way or you will get nowhere in trying to fix what you see is wrong.


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carolina guy

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We already do restrict(unjustly) the 1st for felons. They are not allowed to associate with other felons or sometimes non-felon gang members. There are undoubtedly some who will say this is good and helps to prevent crime, but I cannot get behind it. I can not support stripping someone of their inalienable rights on the off chance it might prevent some crime sometime in the future. There is no way of knowing with certainty whether a felon will offend again or not. If they do punish them for that offense, not for one they may one day possibly commit. Leave the Pre-Crimes to the movies, were it belongs.

+1 with a correction: Felons on parole are not allowed to associate with other felons...ones that have served their time can associate with anyone they please.
 

SavageOne

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The thing about name calling was not directed at your post, but the juvenile reaction to my answer.

I said nothing about during their sentence, nor can anything I said be reasonably construed as implying anything about what you said on that matter.

My point has nothing to do with that one iota. The forfeiture of the RKBA is a separate and distinct part of the consequences assessed after due process. The time of that penalty is independent of the time being served behind bars, a fine, or any other forfeiture of rights after due process as a result of committing a crime. Under the Constitution, that is perfectly acceptable. I see no one addressing that point other than with what amounts to "nuh-uh."

Again, I think States generally go too far in assessing that quite Constitutional forfeiture. My point is solely that saying it is unconstitutional is just plain unsupportable. It is a policy issue. Deal with it that way or you will get nowhere in trying to fix what you see is wrong.


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I will ask you again, if it is Constitutional to deny someone their rights after due process, why wasn't it done until after the Gun Control Act Of 1968? Prior to that it was not allowed, so what changed?
 

eye95

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Irrelevant.

The GCA changed only federal law regarding the purchase of firearms by felons. State law is unaffected by that law. Felons who live in States that allow carry by felons may carry. They just cannot purchase a firearm.

Again, State laws that restrict felons from carry are perfectly constitutional, the consequence being assessed as a result of due process. Also again, I do not agree with most of those laws. I am only saying that it is not a rights issue, and fighting it that way is a foolish waste of time.


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marshaul

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Again, State laws that restrict felons from carry are perfectly constitutional, the consequence being assessed as a result of due process. Also again, I do not agree with most of those laws. I am only saying that it is not a rights issue, and fighting it that way is a foolish waste of time.

Here again with the refusal to qualify.

It is a rights issue, by definition. The SCOTUS is not the arbiter of right, although they act as such.

Practically, what you say is true, but you do a disservice to the advancement of right when you refuse to differentiate what is practical in front of the courts with what has philosophical justifiability.

You say "it's not a rights issue" as though, factually, right is not implicated simply because there is due process. This is disingenuous. Right is implicated, even if we choose to prevent its exercise.
 

SavageOne

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Irrelevant.

The GCA changed only federal law regarding the purchase of firearms by felons. State law is unaffected by that law. Felons who live in States that allow carry by felons may carry. They just cannot purchase a firearm.

Again, State laws that restrict felons from carry are perfectly constitutional, the consequence being assessed as a result of due process. Also again, I do not agree with most of those laws. I am only saying that it is not a rights issue, and fighting it that way is a foolish waste of time.


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According to the BATFE the GCA also made possession illegal.

http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html
 
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SavageOne

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I notice that anyone dishonorably discharged from the Armed forces is also a "prohibited person" and thus restricted from possessing a firearm. So the standard is even lower than being a felon.
 

carolina guy

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I notice that anyone dishonorably discharged from the Armed forces is also a "prohibited person" and thus restricted from possessing a firearm. So the standard is even lower than being a felon.

Even lower still with the advent of the "Domestic Violence Offender Gun Ban" you only need to commit a MISDEMEANOR to lose your RTKBA.

I think this is called "the slippery slope" that eye95 wants to ignore... ;)

And heaven forbid that you volunteered for the military and might suffer some PTSD...no crime there...just paid work for the same government that wants to take your rights with The People's Blessings it seems.
 
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WalkingWolf

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Even lower still with the advent of the "Domestic Violence Offender Gun Ban" you only need to commit a MISDEMEANOR to lose your RTKBA.

I think this is called "the slippery slope" that eye95 wants to ignore... ;)

And heaven forbid that you volunteered for the military and might suffer some PTSD...no crime there...just paid work for the same government that wants to take your rights with The People's Blessings it seems.
It has become more of a greased slope, and getting slicker every chance the government has. Now they want to take rights JUST for visiting a doctor, and getting medication. It's bad enough that you can lose your rights if someone makes an accusation with no facts to back it up.

Of course though Eye is ok with all of this, so long as it doesn't affect him~~~YET!
 
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eye95

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I notice that we have conveniently gotten away from the constitutionality of barring felon carry by State law. I guess that argument is a loser.


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carolina guy

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I notice that we have conveniently gotten away from the constitutionality of barring felon carry by State law. I guess that argument is a loser.


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As I notice that you have gotten away from the direct questions posed for your answer.

BTW: I think that McDonald v. Chicago makes the Federal and States Constitutionality questions effectively the same. Balls back in your court.
 
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eye95

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My only point has always been that State law causing the forfeit of the RKBA for any length of time for being found, through due process of law, responsible for the commission of a felony is absolutely constitutional. No one has successfully addressed, let alone refuted, that assertion. Any right may be forfeit, constitutionally, following due process of law.

Again, while I may disagree with most State laws barring felons in general from carry, my only point is that is is absolutely constitutional and must be fought on public policy grounds. I still have only gotten "nuh-uhs" to this assertion.

Due process, folks. It is in the Constitution.


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carolina guy

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My only point has always been that State law causing the forfeit of the RKBA for any length of time for being found, through due process of law, responsible for the commission of a felony is absolutely constitutional. No one has successfully addressed, let alone refuted, that assertion. Any right may be forfeit, constitutionally, following due process of law.

Again, while I may disagree with most State laws barring felons in general from carry, my only point is that is is absolutely constitutional and must be fought on public policy grounds. I still have only gotten "nuh-uhs" to this assertion.

Due process, folks. It is in the Constitution.


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As were slavery laws, Jim Crow laws, Illinois laws prohibiting the RTKBA for the vast majority of its citizenry, D.C. prohibitions to the same, etc, etc, etc. Just because a law has been obeyed and upheld for a while does not make it right, and does not mean that it will always been held to be Constitutional, much less RIGHT and JUST.

The discussion that I was participating in was IF the removal of the RTKBA arms is even ethical and if it SHOULD be held to be Constitutional once someone is fully released from their sentence.

I and everyone else here is fully aware that we have laws on the books, court precedents and a general attitude that it is "OK" to make other people second class citizens to make other people feel good about themselves.

It is also almost beyond dispute that the removal of the RTKBA from someone who was convicted of a felony is almost totally ineffective at anything other than to erode the RTKBA of all the rest of the citizenry. Sheep being led to the slaughter.

But, I will ask you the question, again, but in a different manner...where can we find in the US Constitution a provision that allows the forfeiture of ANY rights AFTER being released from a person's prison term? Hint: there are only two mentions of "felony" in the Constitution...and they are not related to this discussion.
 
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1245A Defender

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north mason county, Washington, USA
Well,,,

My only point has always been that State law causing the forfeit of the RKBA for any length of time for being found, through due process of law, responsible for the commission of a felony is absolutely constitutional. No one has successfully addressed, let alone refuted, that assertion. Any right may be forfeit, constitutionally, following due process of law.

Again, while I may disagree with most State laws barring felons in general from carry, my only point is that is is absolutely constitutional and must be fought on public policy grounds. I still have only gotten "nuh-uhs" to this assertion.

Due process, folks. It is in the Constitution.


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I will!
the 4th says life, liberty or property.
we all are endowed with the right to life, liberty and the pursuit of happiness.
see the differances in these two lists?
due process can take our life,
it can deprive us of our liberty,
it can take our property.
it does not have the authority to deprive us of the other enumerated rights!
 

georg jetson

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My only point has always been that State law causing the forfeit of the RKBA for any length of time for being found, through due process of law, responsible for the commission of a felony is absolutely constitutional. No one has successfully addressed, let alone refuted, that assertion. Any right may be forfeit, constitutionally, following due process of law.

Again, while I may disagree with most State laws barring felons in general from carry, my only point is that is is absolutely constitutional and must be fought on public policy grounds. I still have only gotten "nuh-uhs" to this assertion.

Due process, folks. It is in the Constitution.


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<o>

So is protection form cruel and unusual punishment... Your continued mantra on this "due process" point is evidence of your lack of willingness to understand the Eighth Amendment. I guess it's ok if you use the "nuh-uhs" right?

Additionally, the protection against cruel and unusual punishment is found in most(all?) state constitutions.
 

eye95

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I will!
the 4th says life, liberty or property.
we all are endowed with the right to life, liberty and the pursuit of happiness.
see the differances in these two lists?
due process can take our life,
it can deprive us of our liberty,
it can take our property.
it does not have the authority to deprive us of the other enumerated rights!

Thank you for a thoughtful reply. It beats the hell outta some of the drivel in this thread.

You are narrowly construing the word "Liberty." I assume (correct me if I am wrong) that your understanding is that incarceration is the forfeiture of Liberty. Liberty is broader than that and includes all that we say and do--including the exercise of God-given and/or enumerated rights--not just the freedom to move about at will.

Therefore, the RKBA is one of the Liberties that can be forfeit after due process has determined that one is a criminal.
 

carolina guy

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Thank you for a thoughtful reply. It beats the hell outta some of the drivel in this thread.

You are narrowly construing the word "Liberty." I assume (correct me if I am wrong) that your understanding is that incarceration is the forfeiture of Liberty. Liberty is broader than that and includes all that we say and do--including the exercise of God-given and/or enumerated rights--not just the freedom to move about at will.

Therefore, the RKBA is one of the Liberties that can be forfeit after due process has determined that one is a criminal.

Gotta cite? Or just going to keep throwing dirt with nothing to back it up?
 
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marshaul

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Thank you for a thoughtful reply. It beats the hell outta some of the drivel in this thread.

You are narrowly construing the word "Liberty." I assume (correct me if I am wrong) that your understanding is that incarceration is the forfeiture of Liberty. Liberty is broader than that and includes all that we say and do--including the exercise of God-given and/or enumerated rights--not just the freedom to move about at will.

Therefore, the RKBA is one of the Liberties that can be forfeit after due process has determined that one is a criminal.

This post is drivel.
 

eye95

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Gotta cite? Or just going to keep throwing dirt with nothing to back it up?

No cite is necessary. I am stating an opinion on what the law means, not what it says. I assume that we all already know that the Constitution says that we may not be deprived of life, Liberty, or property without due process of law. If you don't, say so and I will provide both a citation and a quote.
 
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