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Old 07-19-2008, 02:01 PM   #1
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Guns ruling spawns legal challenges by felons...

Twice convicted of felonies, James Francis Barton Jr. faces charges of violating a federal law barring felons from owning guns after police found seven pistols, three shotguns and five rifles at his home south of Pittsburgh.

Guns ruling spawns legal challenges by felons
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Old 07-19-2008, 02:04 PM   #2
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Therein lies the question now: Does the right exend to all or just to those who are not labeled "criminal" or "fellon"? When you go to jail, your rights, except your basic human ones, are stripped. Just food for thought.
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Old 07-19-2008, 03:04 PM   #3
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I have always felt if you have paid your debt to society (not parole), you should have your rights backs including a right to self defense and defense of family members at home.
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Old 07-19-2008, 03:46 PM   #4
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This is going to become, if it isn't already, a big rallying point for anti-gunners and their fear mongering.
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Old 07-22-2008, 05:06 AM   #5
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This is going to become, if it isn't already, a big rallying point for anti-gunners and their fear mongering.
This is a possibility, I would think? The anti-gunners will certainly be looking for news across the country of any crime by a convicted felon using a handgun, if this / his lawsuit becames favorable. The Brady Bunch will probably form a "Head-Hunting" committee and.. possibly "copy" the NRA's brilliant tactic of the same nature, in reverse, of... "How a Gun Saved the Lives of people from being victimized, and many women from possible rape offenses, to quote just a few crimes". The NRA printed these "actual true stories", for many decades, in all "American Rifleman" magazines as well as other subscriptions. Most all pro-gun magazines, parts distributors, and manufacturers, followed in suit. These true articles are still being used today! The articles proved to be very effective pro-gun tool, and I am sure the Brady Bunch is quite aware of the success, and more than likely will consider utilizing this tool for their arguments against former felon gun owners, by the second amendment right ruling of the USSC.... (If the suit becomes favorable), in the lower court? Many Liberal lawmakers, have a hard-time complying with current laws, that do not meet their criterias of thinking nor reasoning, as we have seen in many cases. The current Supreme Court ruling, in regards to the recent Second Amendment ruling is now being ignored and challenged in D.C., regarding hand-gun ownership. IMO.... the NRA should have a program to "head this off at the pass).....so-to-speak, (which I am sure they already have considered) by the filing of the suit...until the favorable ruling is over-turned. With courts such as California, running amuck.......anything can happen.
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Old 07-22-2008, 11:03 AM   #6
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I believe anyone, involved in a violent crime, or a crime where a gun was used, should be permanently stripped of their right to own firearms, and if caught in possession, should go right back to prison. They can't be trusted, and most prove that, time after time.
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Old 07-22-2008, 11:39 AM   #7
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I believe anyone, involved in a violent crime, or a crime where a gun was used, should be permanently stripped of their right to own firearms, and if caught in possession, should go right back to prison. They can't be trusted, and most prove that, time after time.
In the old west virtually no one would have been allowed to posses a firearm.And then we would have missed all of those movies. sam.
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Old 07-22-2008, 11:52 AM   #8
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i think if you are convicted of a felony that you should still be able to defend yourself.
my adopted brother got into an altercation with this guy at the store on the corner because the guy was beating the crap outta his girlfriend.
the cops were called and when they arrived both of them were arrested.
me and like 5 or 6 people tried to tell the cops what had happened but they wouldn't listen they acted like we were covering for my bro..
needless to say he was convicted of assault cause he broke the guys nose.
the judge said regardless of the situation he should of called the cops.
if he would of waited for the cops to come that junkie would of beat that lady to death.
now my brother is a felon.
his first time in trouble and he got screwed.
any way he was told that he had to get rid of his guns so he moved them to our adopted moms house.
he wont give up his guns and i dont blame him.
me and him talk about it alot and his motto is "it's better to be judged by 12 then carried by 6.
it's just sad that it has to be that way.
i dont mean to be disrespectful to any law enforcement on this forum but it's like they try their best to give you a felony.
even on the tiniest thing they try to find every little thing to charge you with or they over charge you.
i've seen cops try to charge people with assault for touching their shirt sleeve.
anti gun people need to get over it.
prohibition never worked and it never will.
personally i think the anti gun lobby are used by the government to propagandise people against guns.
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Old 07-22-2008, 12:43 PM   #9
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Originally Posted by Seabeescotty View Post
I believe anyone, involved in a violent crime, or a crime where a gun was used, should be permanently stripped of their right to own firearms, and if caught in possession, should go right back to prison. They can't be trusted, and most prove that, time after time.
I am with Seabeescotty on this one. If we keep giving felons the right to own firearms and they keep using them time and time again, the anti-gunners are going to have a field day and none of us are going to be able to have guns for self defense. sooner or later, the NRA is going to shoot themselves in the foot and we are going to loose or rights. us non felons should be able to possess firearms for fun and for the protection of ourselves and our families against the felons, not the other way around. once a felon, always a felon, no matter how much they paid off their "depts"
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Old 07-22-2008, 12:53 PM   #10
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I am with Seabeescotty on this one. If we keep giving felons the right to own firearms and they keep using them time and time again, the anti-gunners are going to have a field day and none of us are going to be able to have guns for self defense. sooner or later, the NRA is going to shoot themselves in the foot and we are going to loose or rights. us non felons should be able to possess firearms for fun and for the protection of ourselves and our families against the felons, not the other way around. once a felon, always a felon, no matter how much they paid off their "depts"

..to add, ALSO "felons" will try to get a gun if they can whether it's legal for them to do so or not. This would be conpounding prosecution if they have a gun and are a known felon.
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Old 07-22-2008, 01:00 PM   #11
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..to add, ALSO "felons" will try to get a gun if they can whether it's legal for them to do so or not. This would be conpounding prosecution if they have a gun and are a known felon.
They seldom prosicute the felon with a firearm,they will and do prosicute a non-felon for anything they can dream up and make him into a felon. sam.
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Old 07-22-2008, 01:09 PM   #12
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If someone uses a firearm in the commission of a crime, he should probably have his gun rights lifted permanently. Otherwise it should go on a case-by-case basis, just like mental-health cases, based on the question of whether the felon in question is likely to be a menace to himself and others with a gun in hand. There are a lot of non-violent people who ran afoul of the law, but are no more likely to shoot someone than anyone else.

It seems kind of silly to allow someone who has served his time to vote, which at least forty states do, but not to carry a gun. If he can't be trusted with bullets, he certainly can't be trusted with a ballot.

And screw the anti-gun crowd. If they don't have that excuse, they'll just move on to the next one anyway. You can't appease them by bending over backwards in an attempt not to offend them.
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Old 07-22-2008, 02:15 PM   #13
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I think that time served in good behavior should be rewarded after 3 yrs for non violent and any amount of yrs for violent felony offenses. Gun crimes NO. All probation / parole scores, anger management, psychological, should be good current. Self defense is a God given right, but bad men should not prey on their fellow man. There is a price, especially for a gun crime. Some times they become victims themselves down the line. That's the price a person pays for stupid acts that hurt people. No to them and the anti's. Why arm either one?
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Old 07-22-2008, 05:01 PM   #14
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They seldom prosicute the felon with a firearm,they will and do prosicute a non-felon for anything they can dream up and make him into a felon. sam.
i disagree.
i know 3 people convicted of felon in possession.
2 got pulled over and they had guns in there car.
1 got pulled over with someone else and the gun belonged to the driver.
the driver told the cops that his gun was in the car and they got pulled out and searched.
after them and the gun was run through the system they let the driver go, gave him his gun, and lock up the passenger.
he wasn't on parole or probation but he was a felon and away he went.
but i do agree that the cops seem a little eager to hit non felons with it.
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Old 07-22-2008, 05:07 PM   #15
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I agree than people committing violent crimes with firearms, and serious violent crimes (robbery, rape, murder, etc.) should have their firearms revoked forever.

I disagree that some other people labeled as "felons" should have this happen--I can't see how someone like Martha Stewart, Scooter Libby, etc., who got busted more on a technicality (and probably shouldn't be felons at all), or someone who destroyed a mailbox and it was considered a "felony" should have this right taken away. These people should be able to own firearms for self defense like everyone else. Many minor things are now classified as "felonies" and they shouldn't be.
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Old 07-22-2008, 05:08 PM   #16
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with all thats going on in this country it won't be long before all of us are convicted felons! possession of transfat! frequenting places of corruption like mcdonalds etc and all!!!!!!!
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Old 07-22-2008, 05:10 PM   #17
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I have always felt if you have paid your debt to society (not parole), you should have your rights backs including a right to self defense and defense of family members at home.
i agree

do your time, get your rights back

although the repeat offenders make you wonder.....but then again why are repeat offenders out so soon?

blame it on a weak judicial system
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Old 07-22-2008, 05:47 PM   #18
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i agree

do your time, get your rights back

although the repeat offenders make you wonder.....but then again why are repeat offenders out so soon?

blame it on a weak judicial system
stalebiscuit, we already have a higher percentage of our population in prison than any other country. Not counting those locked up awaiting trial or senencing, or those doing short time in country jails for minor offenses, over 7 out of every thousand people in the US are locked up.

Maybe a judicial system shouldn't be depended on to fix all of a society's problems...?
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Old 07-22-2008, 05:50 PM   #19
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stalebiscuit, we already have a higher percentage of our population in prison than any other country. Not counting those locked up awaiting trial or senencing, or those doing short time in country jails for minor offenses, over 7 out of every thousand people in the US are locked up.

Maybe a judicial system shouldn't be depended on to fix all of a society's problems...?
its not about fixing, its about keeping and punishing dangerous and evil people

rehabilitation is a farce

look at italy, did you know they just passed legislation keeping all inmates in maximum security prisons from seeing each other

you think we could do something like that here, ya know keep gangs and violence down in prison, solitary confinement and by rescheduling prison recreation so that you wouldnt see the same inmate except maybe once a month or so?

face it, our judicial system is weak, when someone can sit on death row for more than a year? let alone decades?
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Old 07-22-2008, 06:07 PM   #20
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its not about fixing, its about keeping and punishing dangerous and evil people

rehabilitation is a farce

look at italy, did you know they just passed legislation keeping all inmates in maximum security prisons from seeing each other

you think we could do something like that here, ya know keep gangs and violence down in prison, solitary confinement and by rescheduling prison recreation so that you wouldnt see the same inmate except maybe once a month or so?

face it, our judicial system is weak, when someone can sit on death row for more than a year? let alone decades?
Isolation makes people crazy, stalebiscuit. Crazy people are dangerous.

The death penalty is a separate subject. It can't even be dealt with in the same discussion as whether keeping even more people in prison for even longer is good or bad for society. And it comes to that, I'm afraid we've already reached the point of having locked up so many people that in many groups being a jailbird is just considered a normal fact of life, instead of a badge of shame.

I don't think you can call a judicial system that locks up more people than any other on Earth 'weak.' Misguided maybe, but not weak.

I think we need to sharply focus our attention, and go back to locking fewer people up. Find some other way to deal with petty offenders, and make fewer things illegal. Then, maybe we'll have room to keep the dangerous ones locked up like they should be.
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