Armed Polite Society
Main Forums => Politics => Topic started by: vaskidmark on April 03, 2015, 10:17:10 AM
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http://www.breitbart.com/big-government/2015/04/02/chris-christie-pardons-concealed-carry-owner-shaneen-allen/
Question: Will this pardon restore her RKBA rights? Why does my feeble brain keep wanting to tell me that has to be sopecifically included in tjhe grant of pardon?
Question: Is "Full and free" the same as "full and absolute"? This one seems to have a conflict with itself in that it says it can be revoked - which to my mind is an issue of double jeopardy.
School me, oh gurus.
stay safe.
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I figured a pardon is a pardon. ???
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a pardon traditionally means the crime is 'gone'. So yeah, rights restored.
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Did some more research and it looks like she 1) may never have lost her RKBA rights in PA and if she did in NJ the pardon will restore them (unless the pardon is later revoked).
http://www.pagunlaws.com/Restore_Gun_Rights.html
2. Section 6105(d) of the Pennsylvania Uniform Firearms Act (18 Pa.C.S. § 6105(d) provides as follows:
(d) Exemption.--A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5), (7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:
(1) The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.
(2) The conviction has been the subject of a full pardon by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient funds to enable the Secretary of the Treasury to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time spent in incarceration, has elapsed since the most recent conviction of the applicant of a crime enumerated in subsection (b), a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act or the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9).
(Emphasis added)
Ditto for New Jersey.
http://ccresourcecenter.org/wp-content/uploads/2014/12/Loss_and_Restoration_of_Civil_Rights_and_Firearms_Privileges.pdf
But that still leaves federal RKBA. Congress has refused to fund that activity and her conviction was for a term of 3 years, making her a federal prohibited person. I guess she can purchase via private sales but is going to come up denied on a background check any FFL does. Which is what I was trying to figure out but stated poorly.
Probably won't effect her much if at all.
stay safe.
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Hope she gets her gun back, at least. Along with an apology, and gobs of money for her time and trouble.
Wayne La Pierre, per the article:
“This ends a vulgar chapter in an endless series of shameful episodes where political opportunists seek nothing but their own advantage. I compliment Gov. Christie for doing the right thing,” he said.
That's pretty funny, given that Christie probably stands to gain the most from all this. Not that I know what his motives are, but still...
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Did some more research and it looks like she 1) may never have lost her RKBA rights in PA and if she did in NJ the pardon will restore them (unless the pardon is later revoked).
Not that she had much in the way of gun rights in NJ.
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Hope she gets her gun back, at least. Along with an apology, and gobs of money for her time and trouble.
Get her gun back? Yes.
An apology? From whom and why? She did break the laws she was arrested, tried and convicted for.
stay safe.
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Get her gun back? Yes.
An apology? From whom and why? She did break the laws she was arrested, tried and convicted for.
stay safe.
For violating her basic human rights, maybe? Not that I'm expecting this, of course.