Right To Bear Arms - Can an ex-felon get it back??

[jonnycando]

It can be done and it's done all the time...you just have to jump through the hoops. Petition for restoration of ALL rights while you are at it. And yes the NRA has all sorts of resources and they know the ins and outs of every State and all pertinent Federal laws. They can even point you to reasonably priced lawyers for hand holding and guidance. Do join the NRA. It doesn't cost that much for a basic membership. I am a life member myself.

[SuzyRidr2]

I guarantee you it isn't a rubber stamped process. You're going to need an attorney.

[Tbeck]

Jonnyc, yep it does get done but it's a real convoluted process, AND the biggest issue deals with the federal. If just a state conviction, ok easy enough, but I think that he's going to run into some snags.
I have found that the sheriff's office in PA is the best starting place for questions regarding guns/ownership. They'll be able to recommend agencies and offices he'll need to get with. They'll also be able to tell him what to expect as he works through the process. Probably most important is he'll be able to get answers and clarification on the spot.
The NRA is ok, but I think he'll be further ahead just going to the courthouse where he'll need to go anyhow to get the wheels rolling.

[tabasco]

I've never been convicted of anything, and I would guess that the odds of me getting firearm permit in NYC ... or Suffolk County where I live ...there's a greater chance I'll wake up with a full head of hair tomorrow.

This is why MS13 is here in Suffolk County ... they know no one has guns, so they can go around killing people. The liberals think it's just dandy! Protect the poor immigrants (they're illegal freaking aliens)! Guns are bad!!! I can't have 'em ... MS13 sure does ...

BTW, can you take off that photobucket link????

[SuzyRidr2]

in·fringe
inˈfrinj
verb
actively break the terms of (a law, agreement, etc.). "making an unauthorized copy would infringe copyright"
synonyms: contravene, violate, transgress, break, breach.
act so as to limit or undermine (something); encroach on. "his legal rights were being infringed"
synonyms: restrict, limit, curb, check, encroach on;

I've never been convicted of anything, and I would guess that the odds of me getting firearm permit in NYC ... or Suffolk County where I live ...there's a greater chance I'll wake up with a full head of hair tomorrow.

But liberals will say the predicament you describe is not an infringement of your second amendment rights. Your right to keep and bear arms has been infringed. Plain and simple. Not to mention the infringement upon your capacity to defend and protect yourself and your property from threats like MS13 should that be your idea of pursuing happiness - a right the constitution declares is inalienable.

[BRONX INTRUDER]

Thanks and yeah.. For sure they won't make it easy.
Tabasco; done... It was beginning to annoy me too. Lol.

[BRONX INTRUDER]

in·fringe
inˈfrinj
verb
actively break the terms of (a law, agreement, etc.). "making an unauthorized copy would infringe copyright"
synonyms: contravene, violate, transgress, break, breach.
act so as to limit or undermine (something); encroach on. "his legal rights were being infringed"
synonyms: restrict, limit, curb, check, encroach on;

I've never been convicted of anything, and I would guess that the odds of me getting firearm permit in NYC ... or Suffolk County where I live ...there's a greater chance I'll wake up with a full head of hair tomorrow.

But liberals will say the predicament you describe is not an infringement of your second amendment rights. Your right to keep and bear arms has been infringed. Plain and simple. Not to mention the infringement upon your capacity to defend and protect yourself and your property from threats like MS13 should that be your idea of pursuing happiness - a right the constitution declares is inalienable.

So they are illegally taking my right to keep and bear arms since that right is never supposed to be infringed upon under any circumstances?

[SuzyRidr2]

So they are illegally taking my right to keep and bear arms since that right is never supposed to be infringed upon under any circumstances?

I didn't say under any circumstances. The courts have never ruled that the second amendment is unconditional or immune from regulation. The supreme court has ruled, however, that we have a constitutional right to possess firearms for self-defense, at least within our homes (District of Columbia v. Heller). If it's impossible to get a permit to purchase, own and keep a fire arm in your home, or if the fees are absorbent or the process of obtaining permits is prohibitive to the majority of citizens, how is that not an infringement? It is in my eyes.

[Tbeck]

There are many government infringements upon our rights as created by our Bill of Rights. These are condoned by a SCOTUS who's job it was/is to prevent this very thing.
I always enjoy when someone asserts the SCOTUS job is to interpret the Constitution, and/or the Constitution is a living document. Both are true to a degree, but one must understand the degree to which that's true.
The SCOTUS is to determine whether a law conflicts with the Constitution, not the other way around. And the Constitution is a living document but only by way of amendment.
We the People have allowed the Justice's, aka lawyer's to make end around's our rights, thus legislating from the bench.
Limits on the first and second are but a few of the result for not being diligent citizens.

[SuzyRidr2]

Bronx, I was just speaking to Tabasco's comment and on second amendment rights in general. I think the Second Amendment can be upheld while passing reasonable regulations for the sale and control of fire arms that further the public’s interest in safety. But any law that prohibits the majority of citizens from purchasing and possessing fire arms has to be looked at as an infringement, in my opinion.

You have been disqualified from the exercise of your Second Amendment rights (whether you think it's constitutional or not) by having a felony conviction. So, your situation is a different animal altogether. Your path to getting your rights restored is through expongement or petitioning the courts, not claiming your second amendment rights have been infringed. The former is at least doable ... good luck with the latter.

[BRONX INTRUDER]

I hear ya S. Obviously if i were a mental case or violent animal.. Prohibiting would make sense and in that case should probably not be on the streets. Lol.
It's like being punished for life though in my case for something so small and juvenile. Damn shame.
Suppose only time will tell what will happen.

[SuzyRidr2]

I hear ya S. Obviously if i were a mental case or violent animal.. Prohibiting would make sense and in that case should probably not be on the streets. Lol.
It's like being punished for life though in my case for something so small and juvenile. Damn shame.
Suppose only time will tell what will happen.

I feel for you, man. The family member I spoke of earlier has lived with it since the age of 16. He's north of 50 now. He looked into the possible avenues for getting his rights restored years ago and determined they were too expensive and/or complicated to pursue for his liking, but it doesn't seem to affect his lifestyle that much. His wife owns all the fire arms he wants (he has several hand guns and long guns) and he can still hunt deer, turkey and other game on private property with no one being the wiser. In NC, landowners may hunt and trap on their own land in season without a license, so guess where all the game wardens hang out. Yep, state and federal lands. One could hunt until the end of time in some places here and never cross paths with a game warden on private property. What he typically has to worry about is being turned in by a nosy neighbor who knows too much or someone he pissed off. He has all this figured out so he can still do what he wants to do without getting caught. I guess in the case of a home invasion he'll have to let his wife do the shooting (or have a darn good, well practiced story). [space] [emoji106]

[BRONX INTRUDER]

Lol.. I hear that. Lol.

[tabasco]

Interesting thread. Best of luck to us all.

Yah, I finally felt my second amendment rights were infringed on when there was an armed robbery at the train station I go through every day ... and I realized I can't get a gun for protection ... I'm not saying I would get a gun ... I'm saying I'm infuriated that I'm not permitted by local government to do so.

[Tbeck]

And there we have it, WHY the second isn't absolute as the founders intended.
"...the right of the people to keep and bear Arm's, shall not be infringed."
Does ANYONE see the word except at the end?
First we allow this RIGHT that CANNOT be infringed to be infringed for person's convicted of a crime. Then for public safety, and we add in under 21, financial irresponsible, mental health, etc...
AND this comes from folk's who claim to support the second.
Here's an idea; if we REALLY want exceptions to the second, how about an AMENDMENT? An amendment is the ONLY means by which exceptions can LEGALLY be made to the BoR.
I will tell you why, because it would NOT pass!

[tabasco]

And there we have it, WHY the second isn't absolute as the founders intended.
"...the right of the people to keep and bear Arm's, shall not be infringed."
Does ANYONE see the word except at the end?
First we allow this RIGHT that CANNOT be infringed to be infringed for person's convicted of a crime. Then for public safety, and we add in under 21, financial irresponsible, mental health, etc...
AND this comes from folk's who claim to support the second.
Here's an idea; if we REALLY want exceptions to the second, how about an AMENDMENT? An amendment is the ONLY means by which exceptions can LEGALLY be made to the BoR.
I will tell you why, because it would NOT pass!

With all the libs and the soft white underbelly repubs in washington, I'm not so sure ....

[BRONX INTRUDER]

This truely sucks major donkey balls.
Maybe it's all because the more power they take from good people.. Bad people get to take over and do as they please which then allows them to make more laws to do more damage to us instead of helping us. I don't know.. It's quite disturbing and boggles the brain. Sad beyond words.

[Tbeck]

Tom, we can't play the blame game when we don't do a thing to demand that our rights are respected and adhered to by our legally elected representation. The SCOTUS renders an opinion that bears the weight of law, BUT it is NOT law. Only the Congress has that authority. Unfortunately our Congress has been remiss in doing their job and "We the People" have done NOTHING about it.
The BoR is ABSOLUTE in it's protections, so why all the state and federal gun regulations without an amendment? Because we allow it.
Hell if Republican's and American voters can put Donald Trump in the White House, we can't blame liberals and the political establishment when our RIGHT's are violated. That's another one on us.
Heck even in this post folk's who support the 2nd have condoned depriving of the 2nd to certain individual's. You can't allow ANY end-around of any right no matter how well intended OR you render the Constitution a useless document.
Now I will step off my soap box because you've all seen me post this many times before.

[jeffcoslacker]

Might be a case-by-case thing...when I got charged with DWI in 1992, I got an SIS (suspended imposition of sentence) and probation, and since it was my first it was supposed to be "buried" pretty deep to where it wouldn't pop unless I got in trouble with DUI/DWI again, which I didn't.

BUT...the administrative suspension for DWI (where they take your license on the spot during the traffic stop and you have to get a provisional license until it all shakes out) is still showing on my record...which to some companies is just as bad as a DWI on your record. Shouldn't be, since there is no conviction tied to it. But some use it as a kinda back door way to disqualify me for a job.

I was told at the time that the Admin Suspension goes off your record after ten years with no foul-ups. But that was only half-truth. It CAN, but you have to petition the court your case was heard in to have it removed. So that means brush up on yer legal bullshitese and file it yourself, or hire an attorney. I haven't been motivated to do either.

So there it sits...

Might be a similar thing with that in some states? I dunno.

[Tbeck]

Guy's the issue Bronx is going to run into is that it's a federal conviction, not state. State would be a lot easier. Federal he's gonna be fighting the federal firearms act of 68. It can be done, but it's going to be a long road.