Gun rights after you complete your sentence.

[pianoman9701]

ok

[KFhunter]

Doesn't matter if they get their gun rights back. Criminals will always find a way to get them.

Campmeat, your comment has nothing to do with the topic at hand. The OP is asking about lawfully being able to procure firearms after serving a sentence. Why don't you comment on that, CM?

Ya happy ? I removed my comment !!!!!!!!!!!!!!!!

I think Campmeat' s statement was totally appropriate and on topic. It speaks directly to "CATEGORIZED OPTIONS". Since it is a fact that criminals will always get a gun(s) when they want them, why bother excluding them. When judgment fails and rights are returned to a non-violent perpetrator and he then later commits a crime with a gun, what do you say then? OOOPs......
There may be a blessing in this. I don't know for sure but I understand that if you lose your right to vote, you also lose your right to pay taxes.  Gosh what a shame

You are partially right, there is a black market for guns.  What you don't know is the quality and price of those guns.  I would MUCH rather face a street purchased saturday night special than a brand new Glock from bigR.  According to the FBI, the bulk of guns obtained on the street and used in crimes are very sub-par, many of them inoperable and in many cases stuffed with the wrong ammo or mixed ammo.  I think you guys are assuming they pick up a fully operational high quality autos off the street and that's not the case in most instances. 
They are usually revolvers and what we'd consider garbage. 

Also if said felon had that gun contrary to law they are going back in to serve more time.  Pretty much everyone in this thread was in agreement criminals do not serve enough time as it is and pretty much in agreement there is no correction in correctional facilities.  How someone can suggest allowing violent felons the right to purchase guns is beyond me.

I can't disagree with you more on this issue.

[bowbuild]

Doesn't matter if they get their gun rights back. Criminals will always find a way to get them.

Campmeat, your comment has nothing to do with the topic at hand. The OP is asking about lawfully being able to procure firearms after serving a sentence. Why don't you comment on that, CM?

Ya happy ? I removed my comment !!!!!!!!!!!!!!!!

I think Campmeat' s statement was totally appropriate and on topic. It speaks directly to "CATEGORIZED OPTIONS". Since it is a fact that criminals will always get a gun(s) when they want them, why bother excluding them. When judgment fails and rights are returned to a non-violent perpetrator and he then later commits a crime with a gun, what do you say then? OOOPs......
There may be a blessing in this. I don't know for sure but I understand that if you lose your right to vote, you also lose your right to pay taxes.  Gosh what a shame

You are partially right, there is a black market for guns.  What you don't know is the quality and price of those guns.  I would MUCH rather face a street purchased saturday night special than a brand new Glock from bigR.  According to the FBI, the bulk of guns obtained on the street and used in crimes are very sub-par, many of them inoperable and in many cases stuffed with the wrong ammo or mixed ammo.  I think you guys are assuming they pick up a fully operational high quality autos off the street and that's not the case in most instances. 
They are usually revolvers and what we'd consider garbage. 

Also if said felon had that gun contrary to law they are going back in to serve more time.  Pretty much everyone in this thread was in agreement criminals do not serve enough time as it is and pretty much in agreement there is no correction in correctional facilities.  How someone can suggest allowing violent felons the right to purchase guns is beyond me.

I can't disagree with you more on this issue.

Most people would consider a High point 9mm to be junk.....you can get them for around $170. I would bet there are some people that would think that a easy way to make a quick $100.(very stupid) I have a high point 9mm, although they are cheap, heavy, they are very accurate. I have seen more than one high point guns on cops (the show) both in pistol, and semi-auto rifle. I am sure there are many more brands that unscrupulous people can obtain...I am not a pistol guy...so I am sure others could tell the cheap brands.

Bowbuild

[bobcat]

It is the non-violent felons who I feel should not lose their gun rights.

[bowbuild]

Finally in the last paragraph it lists a female judge that said she would have reversed that conviction....but it did not say she did???

It did say

Justice Pariente, joined by Chief Justice Anstead, dissented.

Because she thought the L. B. decision "correctly stated the law at the time Bunkley's conviction became final," she would have vacated Bunkley's conviction.

She is speaking for the whole of the court.  She herself did vote to vacate the conviction

http://en.wikipedia.org/wiki/Dissenting_opinion

Because she thought the L. B. decision "correctly stated the law at the time Bunkley's conviction became final," she would have vacated Bunkley's conviction. 833 So. 2d, at 747.


Key words...would have.

[csaaphill]

repeal 1968 gun ctrl act this way this wont be an issue!
Um not sure on what someone saying about Federally I've heard of people getting thier rights back and clearing the FBI background check. SInce they know your buying or getting a gun after being a felon they should come after you then?
From some of my research on this when you get your rights back in a state they are back federally as well.
Again if someone pases the background check when purchasing the gun or whatever and the FBI knows this they shoul come after them then if it's still federally against the law! again beleive I am correct on this for I have done some research on this!

[Scvette]

In Alaska,after 10 yrs if you have no other convictions,your rights are fully restored,for non violent felonies,a person could also get a suspended imposition of sentence (SIS) and your rights are restored after probation. In Washington,if you stay out of trouble for 5 yrs you can go to the court and get your gun rights back,again as long as it's not a crime against a person,once they are restored by the court they are sent to WSP and they send the restoration into NICS and you can legally own and purchase firearms.

[bowbuild]

Here is an interesting loophole in revocation of firearms rights.

As most know a domestic violence conviction will result in the revocation of firearm rights. In Washington you can have firearm rights restored for felony or DV convictions.

HOWEVER, federally you cannot have your firearm rights restored after ANY misdemeanor DV conviction. So you wouldn't see yourself in state court. BUT the feds could go after you, even if WA said you are ok to possess firearms.

Response to the post above...

[Knocker of rocks]

I can't square BigT's assertion with that of the AFT's

Q: Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?
No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.

The issue seems more likely one of no Washington state mechanism to expunge a misdemeanor DV 

 

(2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present:

     ..........

     (b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense;

So while it would be a Federal Offense, the remedy would be a change in state law to treat misdemeanor  convictions similarly as  with felony convictions

http://www.atf.gov/firearms/faq/misdemeanor-domestic-violence.html
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.96.060

[returnofsid]

Here's a "for instance," to think about...

An 18 year old shoplifts an amount of items equaling $250.00 or more.  In Washington, this can be charged as a felony.  The kid serves his sentence, does his probation, pays his restitution and pays all of his court fees and fines.  This kid will live the rest of his live with a felony on his record, unable to vote (unless he petitions to regain his right to vote) and unable to ever own a weapon.  In fact, 20 years down the road, if he marries someone who owns a weapon, it has the possibility of putting him at odds with the law, even if he never touches that weapon.

I'll admit that I'm in this category, though I wasn't 18.  From the age of 13-30, I was a very avid and responsible, gun owner, hunter and eventually a father.  I taught my children to safely handle guns and hunt  At the age of 30, I made a very stupid decision, a decision that amounted to approximately $275.00.  I was charged with Felony theft.  Because I am a responsible father, when offered a plea deal, I refused, choosing to accept full responsibility for my actions.  In fact, I could have had all of the charges dropped, due to tainted evidence.  I also refused to take this option.  I felt that I needed to set the proper example for my children.  "Getting off on a crime" because of a technicality, wouldn't have set the proper example, in my opinion.  So, I am now a felon.  I'm now 45 and have never re-commited.  However, I'll always be a felon.

In the research I've done, I've found that there are two options for regaining my gun rights.

1. Petition the court to have my gun rights restored.
This option very rarely results in success, from what I've been able to discover.  Very few convicted felons have ever been successful and those that have were previously law enforcement or judges.

2. Petition the court to have my felony expunged.  Once a felon has served out their sentence, and met all financial responsibilities and terms of release, it is possible to have the felony expunged, under certain circumstances. (Non violent, non drug or gun related, etc)  However, this option usually requires an attorney and an average of about $10,000.00.  If successful, this option results in a felon becoming a non-felon, as if it never happened.

So, now I archery hunt.  I will always regret the decision I made, however, I'll always take responsibility for it.


 

[jackmaster]

ok here is a scenerio that actually happened, short version, my buddy came home to his wife mounted up on some other fella, other fella got beat down marine style, cops came cheating wife told the cops that he held dude at gun point which never happened, they were still locked safely away in his gun safe, he didnt need a gun on this degen, anyways he loses his rights to bare arms  does he deserve them back? damn right he does!!!! he is a more stand up person than 95 % of the people i meet.... i think it should only come down to the actual crime itself, with the way are sorry arse justice system works there are plenty of guy and gals that have their rights lost that never truly deserved to lose them in the first place........

[bowbuild]

Ah, Finally some examples of the reality of loosing your rights. To be quite blunt it pisses me off to see SO many people so willing to think (and classify) all felons the same.....that's what the LAW does, just proves how people can't reason on their own! When you hear felon....why not ask what for....instead of classing them all together!


Bowbuild

[pianoman9701]

Ah, Finally some examples of the reality of loosing your rights. To be quite blunt it pisses me off to see SO many people so willing to think (and classify) all felons the same.....that's what the LAW does, just proves how people can't reason on their own! When you hear felon....why not ask what for....instead of classing them all together!


Bowbuild

Again, I think very few of us on this thread threw them all in one pile, but you seem extra sensitive about the topic. Most of the people posting in this thread have said that it depends on the situation and I think that's fair. Yes, when I hear someone's a felon, I do think "wow".  First off, I don't ask "what for" because it's none of my business.  Secondly, I've never been in trouble with the law so hearing someone's a felon puts me on alert. It's not something I'm very familiar with. Get pissed off all you want, but I suggest if you're looking to change how felons are dealt with, you should probably try another approach than being pissed off.

[bowbuild]

Ah, Finally some examples of the reality of loosing your rights. To be quite blunt it pisses me off to see SO many people so willing to think (and classify) all felons the same.....that's what the LAW does, just proves how people can't reason on their own! When you hear felon....why not ask what for....instead of classing them all together!


Bowbuild

Again, I think very few of us on this thread threw them all in one pile, but you seem extra sensitive about the topic. Most of the people posting in this thread have said that it depends on the situation and I think that's fair. Yes, when I hear someone's a felon, I do think "wow".  First off, I don't ask "what for" because it's none of my business.  Secondly, I've never been in trouble with the law so hearing someone's a felon puts me on alert. It's not something I'm very familiar with. Get pissed off all you want, but I suggest if you're looking to change how felons are dealt with, you should probably try another approach than being pissed off.

Yes, you just confirmed what pisses me off.....instead of asking to confirm your fears, your response is "WOW" must be a killer, rapist, child toucher ect. the implication is there whether you said it , or not. Maybe YOU should take the time to respectfully ask, rather than assume the worst.....just maybe. It would really suck to be on the other side having people assume your crime.....rather than being asked outright. A guy that kicks the crap out of another man for sleeping with his woman, like stated above, and when you think "felon" what would be running through your mind I wonder??? Would it be fair? Seems like we have a couple of felons here that were willing to tell their deeds, and they at face value do have the ability to be reasonable citzens to me, from what I read. There was no need for them to reveal their history here.

 I am extra sensitive about what I feel is fair, and just....not just this thread.

Bowbuild

[pianoman9701]

And you missed the whole part about that most of us said this was a case by case situation. You've got a real chip on your shoulder.