Author Topic: Guns ruling spawns legal challenges by felons  (Read 3287 times)

wmenorr67

  • friend
  • Senior Member
  • ***
  • Posts: 12,775
Guns ruling spawns legal challenges by felons
« on: July 19, 2008, 08:01:04 AM »
http://hosted.ap.org/dynamic/stories/G/GUNS_LEGAL_CHALLENGES?SITE=OKTUL&SECTION=HOME&TEMPLATE=DEFAULT

Quote
As a defense, Barton and several other defendants in federal gun cases argue that last month's Supreme Court ruling allows them to keep loaded handguns at home for self-defense.  "Felons, such as Barton, have the need and the right to protect themselves and their families by keeping firearms in their home," says David Chontos, Barton's court-appointed lawyer.

And the hits keep on coming.  The paragraph qouted above is the jest of their reasoning.

If if isn't a violent offense I see no problem with them having firearms once they complete their sentences.  But if it is a violent offense I say no way.
There are five things, above all else, that make life worth living: a good relationship with God, a good woman, good health, good friends, and a good cigar.

Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier.  One died for your soul, the other for your freedom.

Bacon is the candy bar of meats!

Only the dead have seen the end of war!

MicroBalrog

  • friend
  • Senior Member
  • ***
  • Posts: 14,505
Re: Guns ruling spawns legal challenges by felons
« Reply #1 on: July 19, 2008, 08:07:20 AM »
This is actually a HUGE problem.

While I  have no problem with felons owning guns after they're done with their sentence, I fear that 'bad cases' may affect precedent negatively.

There's a reason people spent so long looking for 'the right case' to tackle in SCOTUS.
Destroy The Enemy in Hand-to-Hand Combat.

"...tradition and custom becomes intertwined and are a strong coercion which directs the society upon fixed lines, and strangles liberty. " ~ William Graham Sumner

Tallpine

  • friends
  • Senior Member
  • ***
  • Posts: 23,172
  • Grumpy Old Grandpa
Re: Guns ruling spawns legal challenges by felons
« Reply #2 on: July 19, 2008, 08:13:31 AM »
Once you have been convicted of a felony you should lose your rights forever.

No guns, no voting, no habaeus corpus, no jury trials, no limits on search and seizure, and the cops can beat a confession out of you.

 police
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

41magsnub

  • friend
  • Senior Member
  • ***
  • Posts: 7,579
  • Don't make me assume my ultimate form!
Re: Guns ruling spawns legal challenges by felons
« Reply #3 on: July 19, 2008, 08:14:16 AM »
Once you have been convicted of a felony you should lose your rights forever.

No guns, no voting, no habaeus corpus, no jury trials, no limits on search and seizure, and the cops can beat a confession out of you.

 police

I'd agree with that if appended with violent felony.

xavier fremboe

  • friends
  • Senior Member
  • ***
  • Posts: 904
  • All-American Meanie
    • The Shop
Re: Guns ruling spawns legal challenges by felons
« Reply #4 on: July 19, 2008, 08:24:48 AM »
Once you have been convicted of a felony you should lose your rights forever.

No guns, no voting, no habaeus corpus, no jury trials, no limits on search and seizure, and the cops can beat a confession out of you.

 police
I'm with you on the first two, but umm, if you're going to take away habeus corpus, unreasonable search and seizure, and no limits on police interrogation tactics, what exactly is the incentive to reform?  I'm hoping that you are engaging in hyperbole here.
If the bandersnatch seems even mildly frumious, best to shun it.  Really. http://www.cctplastics.com

Balog

  • Unrepentant race traitor
  • friends
  • Senior Member
  • ***
  • Posts: 17,774
  • What if we tried more?
Re: Guns ruling spawns legal challenges by felons
« Reply #5 on: July 19, 2008, 08:40:36 AM »
If you can't trust them with guns you shouldn't be putting them back on the street just yet.
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Tallpine

  • friends
  • Senior Member
  • ***
  • Posts: 23,172
  • Grumpy Old Grandpa
Re: Guns ruling spawns legal challenges by felons
« Reply #6 on: July 19, 2008, 09:38:35 AM »
Quote
I'm hoping that you are engaging in hyperbole here.

I'm hoping you all are sharp enough to recognize that ...  undecided
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

xavier fremboe

  • friends
  • Senior Member
  • ***
  • Posts: 904
  • All-American Meanie
    • The Shop
Re: Guns ruling spawns legal challenges by felons
« Reply #7 on: July 19, 2008, 10:12:07 AM »
Quote
I'm hoping that you are engaging in hyperbole here.

I'm hoping you all are sharp enough to recognize that ...  undecided
Sorry.  I've been irony deficient here of late.  Thanks for clarifying.
If the bandersnatch seems even mildly frumious, best to shun it.  Really. http://www.cctplastics.com

Jamisjockey

  • Booze-fueled paragon of pointless cruelty and wanton sadism
  • friend
  • Senior Member
  • ***
  • Posts: 26,580
  • Your mom sends me care packages
Re: Guns ruling spawns legal challenges by felons
« Reply #8 on: July 19, 2008, 10:20:14 AM »
If you can't trust them with guns you shouldn't be putting them back on the street just yet.

In fear of incurring the wrath of the Irwin.....

+1!!

Especially since it is acknowledged as fact by the general gun community that a private citizen should be able to transfer weapons without going through the legal hoops placed upon a gunshop.  We have the right to transfer property without proof of that person's status as a felon, illegal alien, or otherwise prohibited person.  Putting dangerous felons back out on the street is bad juju....if they want guns they will get them.
JD

 The price of a lottery ticket seems to be the maximum most folks are willing to risk toward the dream of becoming a one-percenter. “Robert Hollis”

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Re: Guns ruling spawns legal challenges by felons
« Reply #9 on: July 19, 2008, 11:27:37 AM »
If you can't trust them with guns you shouldn't be putting them back on the street just yet.

In fear of incurring the wrath of the Irwin.....

+1!!

Especially since it is acknowledged as fact by the general gun community that a private citizen should be able to transfer weapons without going through the legal hoops placed upon a gunshop.  We have the right to transfer property without proof of that person's status as a felon, illegal alien, or otherwise prohibited person.  Putting dangerous felons back out on the street is bad juju....if they want guns they will get them.

Gonna split a hair here.

We have the right to transfer property unless we have proof of that person's status as a felon, illegal alien, or otherwise prohibited person.

I think most criminals who get guns through private transfers are probably known by the seller to be prohibited, the seller just doesn't care.  Try to regulate private sales and that sort will do it illegally anyway.

I have to doubt the majority of otherwise legal private gun transactions to criminals involve actually "good" folks getting "tricked".
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

mfree

  • friend
  • Senior Member
  • ***
  • Posts: 1,637
Re: Guns ruling spawns legal challenges by felons
« Reply #10 on: July 19, 2008, 11:37:30 AM »
Leave the laws in place that restrict felons.

Then tackle the *real* problem, and raise the bar **way** high on what a felony is defined as.

xavier fremboe

  • friends
  • Senior Member
  • ***
  • Posts: 904
  • All-American Meanie
    • The Shop
Re: Guns ruling spawns legal challenges by felons
« Reply #11 on: July 19, 2008, 11:52:29 AM »
Leave the laws in place that restrict felons.

Then tackle the *real* problem, and raise the bar **way** high on what a felony is defined as.
What is the real problem, and how high do you think the bar should be?
If the bandersnatch seems even mildly frumious, best to shun it.  Really. http://www.cctplastics.com

Antibubba

  • friend
  • Senior Member
  • ***
  • Posts: 3,836
Re: Guns ruling spawns legal challenges by felons
« Reply #12 on: July 19, 2008, 12:11:01 PM »
If they've really reformed, let them get their record expunged.  Otherwise, violent or not, no go.

This isn't the really interesting one.  Wait until the courts get the suits from "convicted of misdemeanor domestic violence" or "Accused of domestic violence, but not convicted, arrested, or charged".  This does happen.
If life gives you melons, you may be dyslexic.

MicroBalrog

  • friend
  • Senior Member
  • ***
  • Posts: 14,505
Re: Guns ruling spawns legal challenges by felons
« Reply #13 on: July 19, 2008, 12:30:44 PM »
Leave the laws in place that restrict felons.

Then tackle the *real* problem, and raise the bar **way** high on what a felony is defined as.
What is the real problem, and how high do you think the bar should be?

The real problem:

More and more stuff is a felony that shouldn't be.

Hack a shotgun barrel too short, you're a felon.
Destroy The Enemy in Hand-to-Hand Combat.

"...tradition and custom becomes intertwined and are a strong coercion which directs the society upon fixed lines, and strangles liberty. " ~ William Graham Sumner

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 44,478
  • I Am Inimical
Re: Guns ruling spawns legal challenges by felons
« Reply #14 on: July 19, 2008, 01:14:12 PM »
Once you have been convicted of a felony you should lose your rights forever.

No guns, no voting, no habaeus corpus, no jury trials, no limits on search and seizure, and the cops can beat a confession out of you.

 police

I think that should apply to people who double park during rush hour.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

Tallpine

  • friends
  • Senior Member
  • ***
  • Posts: 23,172
  • Grumpy Old Grandpa
Re: Guns ruling spawns legal challenges by felons
« Reply #15 on: July 19, 2008, 03:09:54 PM »
Once you have been convicted of a felony you should lose your rights forever.

No guns, no voting, no habaeus corpus, no jury trials, no limits on search and seizure, and the cops can beat a confession out of you.

 police

I think that should apply to people who double park during rush hour.

And pretty soon El Tejon will come around and add that it should be applied to those who park on their grass that needs mowing.
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

GigaBuist

  • friends
  • Senior Member
  • ***
  • Posts: 4,345
    • http://www.justinbuist.org/blog/
Re: Guns ruling spawns legal challenges by felons
« Reply #16 on: July 19, 2008, 05:33:25 PM »
Quote
More and more stuff is a felony that shouldn't be.

Yep.  Odds are we've all committed one.

Manedwolf

  • friend
  • Senior Member
  • ***
  • Posts: 14,516
Re: Guns ruling spawns legal challenges by felons
« Reply #17 on: July 19, 2008, 05:36:59 PM »
Quote
More and more stuff is a felony that shouldn't be.

Yep.  Odds are we've all committed one.

Not necessarily.

De Selby

  • friend
  • Senior Member
  • ***
  • Posts: 6,838
Re: Guns ruling spawns legal challenges by felons
« Reply #18 on: July 19, 2008, 06:25:24 PM »
This is actually a HUGE problem.

While I  have no problem with felons owning guns after they're done with their sentence, I fear that 'bad cases' may affect precedent negatively.

There's a reason people spent so long looking for 'the right case' to tackle in SCOTUS.

You are exactly right here my friend.

Having felons pursuing cases to define the scope of the right is a disaster-this is the fastest and surest way to limit it to pieces.

"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."