Page 1 of 3 123 LastLast
Results 1 to 10 of 22

Thread: Felon wins the right to own a gun

  1. #1
    Join Date
    Dec 2006
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
    Posts
    495
    Rep Power
    12562

    Default Felon wins the right to own a gun


    Published: Sep 01, 2009 03:28 AM
    Modified: Sep 01, 2009 03:30 AM




    Felon wins the right to own a gun

    Narrow ruling causes big stir


    BY SARAH OVASKA, Staff Writer

    RALEIGH - A state law barring felons from owning firearms unfairly prevented a Garner man from owning guns, the N.C. Supreme Court ruled Friday, thrusting the court into the national debate over gun ownership.
    The opinion applied only to Barney Britt, who was convicted of a drug crime in 1979, and it didn't have an immediate effect on the thousands of other felons in the state. Criminal defense lawyers who practice in federal courts said they don't know what effect, if any, the opinion will have on federal rules, which prevent felons from buying and owning weapons except when a state has restored that right.

    The ruling authored by Justice Edward Thomas Brady held that Britt should be able to own guns and that the state unfairly took away his right to own a firearm with a 2004 law that barred felons from owning firearms. Britt was convicted in 1979 of selling Quaalude pills, but he didn't have any further tangles with the law.

    Though the opinion focused just on Britt's case, both sides of the gun control issue saw the ruling as significant because the state's highest court found that Britt had a right to bear arms that trumped the state's ability to restrict him from owning any weapons.

    Advocates spent Monday poring over the 5-2 decision in Britt v. State of North Carolina. The decision was seen as a victory for those who view government restrictions as too strict, while those in favor of tighter gun control described it as an alarming blow.

    "This has implications beyond just North Carolina," said Robert Levy of the Cato Institute, a Washington-based Libertarian think tank that opposes gun control. "North Carolina has now decided that some felonies are not so serious to result in deprivations of the right to defend oneself."
    Roxane Kolar, director of North Carolinians against Gun Violence, said the decision was troubling.

    "I've never heard of this before, of a felon having an inalienable right to own a weapon," she said. "It's putting a lot of our state gun laws at risk."
    The decision could spark a rush to local courthouses as felons try to have their rights to own and store firearms in their homes restored. Those with the best chance would likely be those with cases similar to Britt's; people convicted of nonviolent crimes who had their right to own a gun restored and then taken away with a 2004 law, said Jeanette Doran, a senior staff attorney with the N.C. Institute for Constitutional Law.

    Legal e-mail message boards lit up over the weekend, with lawyers swapping tales of clients convicted of felony littering charges then barred from hunting deer for the rest of their lives.

    The state legislature may address the issue with a bill introduced for the 2009-2010 session by Rep. Phil Haire, a Democrat from Western North Carolina, that would give limited hunting privileges to nonviolent felons.
    Ready to hunt again

    Britt said he's excited about hunting this fall and relieved that his four-year legal battle is over.

    "It's not a privilege; it's a right," Britt said about gun ownership. "It's a constitutional right."

    The office of N.C. Attorney General Roy Cooper, who defended the state law in the case, declined to comment on the ruling.

    A passionate hunter who never had any subsequent arrests, Britt had his right to own guns restored from 1987 until 2004, when the new law went into effect.

    Brady wrote that the law was too broad in including nonviolent felons like Britt, who had otherwise been law-abiding and had owned guns for 17 years after he successfully petitioned in 1987 to have his civil rights restored, including owning a gun.

    "He is not among the class of citizens who pose a threat to public peace and safety," Brady wrote.

    Troubled by the ruling

    In a dissenting opinion, Justice Patricia Timmons-Goodson said she was alarmed that her fellow justices ignored state law by giving Britt an exemption. She said the ruling made North Carolina the first jurisdiction to uphold a convicted felon's right to own firearms over a state's power to regulate gun ownership.

    "Today's decision opens the floodgates wide before an inevitable wave of individual challenges to not only the Felony Firearms Act, but our statutory provisions prohibiting firearm possession by incompetents and the mentally insane," Timmons-Goodson wrote.

    Her fears were shared by those seeking tighter gun-control laws.
    Kolar of North Carolinians against Gun Violence expressed concern that judges would be the ones to decide whether felons could own guns, something she says gives too much discretion to the courts.

    Jim Woodall, the district attorney for Orange and Chatham counties, said he found the opinion worrisome and hoped it wouldn't be applied broadly to others.

    "They're carving out a one-person exemption," he said.
    sarah.ovaska@newsobserver.com or 919-829-4622

    http://www.newsobserver.com/news/story/1670142.html
    http://www.slcfsa.com/index.html
    http://www.pafoa.org/forum/image.php?type=sigpic&userid=1130&dateline=1165613  693Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!

  2. #2
    Join Date
    Dec 2007
    Location
    Behind You, Watching, Always Watching
    Age
    57
    Posts
    5,409
    Rep Power
    0

    Default Re: Felon wins the right to own a gun

    Well I am kind of torn on this one and here's why:

    1. Non violent crime, no gun involved

    2. the crime was 30 years ago and he has been clean since then.

    3. MY ongoing rant about the asinine 'war on drugs' in this country.

    I mean honestly, someone gets nailed selling drugs, no violence or actions against another, they do their time and then go on the straight and narrow for 30 years .... and they can never own a gun again?

    There has to be some 'give and take' here and honestly I agree with this decision. Now on that note though I would say ANYONE convicted of a violent crime, no matter how small, should NEVER be allowed to own a gun again.

  3. #3
    Join Date
    Sep 2008
    Location
    Back in the great white north., Michigan
    Posts
    806
    Rep Power
    71939

    Default Re: Felon wins the right to own a gun

    Kinda ironic that the judges name is Brady.

    If God didn't intend us to have guns why would he have given us a trigger finger?

  4. #4
    Join Date
    Dec 2008
    Location
    Three Points, Arizona
    Posts
    2,725
    Rep Power
    757943

    Default Re: Felon wins the right to own a gun

    I applaud this decision!!!

  5. #5
    Join Date
    Mar 2009
    Location
    Cherryville, Pennsylvania
    (Northampton County)
    Posts
    345
    Rep Power
    52120

    Default Re: Felon wins the right to own a gun

    Quote Originally Posted by dc dalton View Post
    Well I am kind of torn on this one and here's why:

    1. Non violent crime, no gun involved

    2. the crime was 30 years ago and he has been clean since then.

    3. MY ongoing rant about the asinine 'war on drugs' in this country.

    I mean honestly, someone gets nailed selling drugs, no violence or actions against another, they do their time and then go on the straight and narrow for 30 years .... and they can never own a gun again?

    There has to be some 'give and take' here and honestly I agree with this decision. Now on that note though I would say ANYONE convicted of a violent crime, no matter how small, should NEVER be allowed to own a gun again.
    Bolded is what I'm commenting on.

    If they are released from prison, they have been deemed to be 'safe' to society. Therefore, their rights should be fully restored (after probation). If they aren't fit to have all their rights restored, keep them locked up. (just my opinion).

  6. #6
    Join Date
    Feb 2009
    Location
    Drexel Hill, Pennsylvania
    (Delaware County)
    Age
    28
    Posts
    159
    Rep Power
    31

    Default Re: Felon wins the right to own a gun

    Quote Originally Posted by MrBi11 View Post
    Kinda ironic that the judges name is Brady.
    i caught that one too

  7. #7
    Join Date
    Apr 2009
    Location
    Fleetwood, Pennsylvania
    (Berks County)
    Posts
    875
    Rep Power
    34782

    Default Re: Felon wins the right to own a gun

    Like it or not, the 2nd Amendment covers felons as well, unless we're planning on stripping US citizenship from anyone who has ever committed a crime.
    These are the exalted gharāniq, whose intercession is hoped for. LMAO

  8. #8
    Join Date
    Jun 2007
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    1,152
    Rep Power
    185

    Default Re: Felon wins the right to own a gun

    Quote Originally Posted by kunsunoke View Post
    Like it or not, the 2nd Amendment covers felons as well, unless we're planning on stripping US citizenship from anyone who has ever committed a crime.
    They can't vote either. They surrender most of their rights when they are found to be a felon. And it isn't "anyone who has ever committed a crime" but more like "anyone that's committed a heinous crime."

  9. #9
    Join Date
    Apr 2009
    Location
    Fleetwood, Pennsylvania
    (Berks County)
    Posts
    875
    Rep Power
    34782

    Default Re: Felon wins the right to own a gun

    Quote Originally Posted by MTechnik View Post
    They can't vote either. They surrender most of their rights when they are found to be a felon. And it isn't "anyone who has ever committed a crime" but more like "anyone that's committed a heinous crime."
    That's now changing. One Example

    If ex-convicts get their rights back as American citizens they have to get all of those rights back, and that includes voting rights AND gun rights. You can't just pick and choose the parts of the US Constitution that you want to apply to certain people.

    Sure, there will be some folks that will say "We should NOT coddle these people!" and call restoration of voting rights an atrocity. But ex-cons are either citizens or they aren't.

    And if we're so concerned about the ex-cons' recidivism rate, how about we eliminate plea bargaining and parole, and build more prisons, such that criminals are punished appropriately for their crimes?

    Let's focus on the real problem instead.

    Why are DAs and judges releasing criminals prematurely? And why aren't we as citizens holding them accountable?
    These are the exalted gharāniq, whose intercession is hoped for. LMAO

  10. #10
    Join Date
    Jun 2007
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    1,152
    Rep Power
    185

    Default Re: Felon wins the right to own a gun

    Quote Originally Posted by kunsunoke View Post
    That's now changing. One Example

    If ex-convicts get their rights back as American citizens they have to get all of those rights back, and that includes voting rights AND gun rights. You can't just pick and choose the parts of the US Constitution that you want to apply to certain people.

    Sure, there will be some folks that will say "We should NOT coddle these people!" and call restoration of voting rights an atrocity. But ex-cons are either citizens or they aren't.

    And if we're so concerned about the ex-cons' recidivism rate, how about we eliminate plea bargaining and parole, and build more prisons, such that criminals are punished appropriately for their crimes?

    Let's focus on the real problem instead.

    Why are DAs and judges releasing criminals prematurely? And why aren't we as citizens holding them accountable?
    Yeah, the system is all kindsa fucked up. "We" (not you or I) like criminalizing people for harmless crimes. We love three-strikes rules. We loooove loading prisons. There's a giant private industry that makes a fortune building and running prisons.

    Then we "game the system" by making life sentences be 7 years, early releases otherwise, etc.

    We should be less eager to send people to prison, but be a little more adamant about keeping them there for full terms.

    That entire system is completely bollocks'ed.

    I approve of this guy getting his gun back.

    I was just saying that felons lose LOTS of rights that are viewed as intrinsic, inalienable, etc.

Page 1 of 3 123 LastLast

Similar Threads

  1. Felon vs Non-Felon / 922 / 6105 etc.
    By Cisco in forum General
    Replies: 6
    Last Post: August 14th, 2011, 09:13 PM
  2. Can a felon transfer a gun to a non-felon?
    By Ronin in forum General
    Replies: 6
    Last Post: November 24th, 2008, 07:31 AM
  3. Felon
    By sjl127 in forum General
    Replies: 0
    Last Post: July 31st, 2008, 02:12 PM
  4. Man wins against the IRS on the Income Tax
    By D-FENS in forum General
    Replies: 5
    Last Post: July 20th, 2007, 11:52 AM
  5. Emptymag WINS
    By Pierce8468 in forum General
    Replies: 11
    Last Post: March 22nd, 2007, 09:37 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops