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Message
re: Should Convicted Domestic Abusers Have *Legal Access to Guns?
Posted on 2/29/16 at 4:13 pm to GreatLakesTiger24
Posted on 2/29/16 at 4:13 pm to GreatLakesTiger24
quote:
Do you really think it's that easy? I know you're going to say "yes," but it's not.
Which is why I tried to emphasize "legally" purchase in OP. If someone wants a gun bad enough,they'll find a way but we shouldn't make it easy for them to do so.
0
Posted on 2/29/16 at 4:14 pm to GreatLakesTiger24
quote:
Do you really think it's that easy? I know you're going to say "yes," but it's not.
It's actually even easier than that.
There's this nifty thing called craigslist. You can buy a gun from anyone on it in this state and not have to do anything other than pay the person. And that's 100% legal currently. But hey, let's pass some feel good legislation that will do nothing. Why not?
Posted on 2/29/16 at 4:15 pm to bisonduck
quote:
No, and the rules are on the books. A lot of these charges are statutorily expunged after so many years, so if you want a gun then go a decade without incident. Seems fair to me.
I agree.
Posted on 2/29/16 at 4:15 pm to boosiebadazz
quote:
What about "shall not be infringed" is so hard to understand, you authoritarian dickhead? Why do you hate the Second Amendment and therefore America?
Funny, the first Amendment says no law may abridge the freedom of speech yet we have plenty of laws relating to libel, slander, threats, etc.
Posted on 2/29/16 at 4:15 pm to undecided
No. One of the only things that should keep you from getting a gun legally is a violent criminal conviction.
Posted on 2/29/16 at 4:16 pm to undecided
uhh....they can't. when you fill out a Form 4473 to buy a gun, they ask you if you've been convicted of a misdemeanor of domestic violence. if you check yes, the employee can not run the check and you can't buy a gun. even if they miss it and run a check, it will come back as a Deny.
Posted on 2/29/16 at 4:19 pm to undecided
I guess someone could show me an efficient and cheap system that the government could implement to remove guns from everyone who will use them negatively. Oh and also be sure that system doesn't infringe on any innocent person's life.
Then I will say have at it.
Then I will say have at it.
Posted on 2/29/16 at 4:19 pm to GreatLakesTiger24
quote:
Do you really think it's that easy?
To obtain a gun without going through a licensed dealer?
Yes, it is that Easy. Like everything else illegal, all you need is enough money and a guy that knows a guy.
Posted on 2/29/16 at 4:20 pm to LNCHBOX
quote:
It's actually even easier than that.
There's this nifty thing called craigslist. You can buy a gun from anyone on it in this state and not have to do anything other than pay the person. And that's 100% legal currently. But hey, let's pass some feel good legislation that will do nothing. Why not?
You can sell it but it doesn't mean that it's legal to carry for the person that bought it. At the end of the day, I've read our laws (here in Oregon) and it's not the wild west. The reality is we just need to enforce the laws on the books.
Posted on 2/29/16 at 4:20 pm to NYCAuburn
State Legislature enacted this law last year in Louisiana.
95.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of domestic abuse battery
A. It is unlawful for any person who has been convicted of the crime of domestic abuse battery, R.S. 14:35.3, to possess a firearm or carry a concealed weapon.
B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined not less than five hundred dollars nor more than one thousand dollars.
C. A person shall not be considered to have been convicted of domestic abuse battery for purposes of this Section unless the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and in the case of a prosecution for an offense described in this Section for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. A person shall not be considered convicted of R.S. 14:35.3 for the purposes of this Section if the conviction has been expunged, set aside, or is an offense for which the person has been pardoned or had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, possess, or receive firearms.
D. For the provisions of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
E. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of domestic abuse battery shall not apply to any person who has not been convicted of domestic abuse battery for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.
95.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of domestic abuse battery
A. It is unlawful for any person who has been convicted of the crime of domestic abuse battery, R.S. 14:35.3, to possess a firearm or carry a concealed weapon.
B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined not less than five hundred dollars nor more than one thousand dollars.
C. A person shall not be considered to have been convicted of domestic abuse battery for purposes of this Section unless the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and in the case of a prosecution for an offense described in this Section for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. A person shall not be considered convicted of R.S. 14:35.3 for the purposes of this Section if the conviction has been expunged, set aside, or is an offense for which the person has been pardoned or had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, possess, or receive firearms.
D. For the provisions of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
E. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of domestic abuse battery shall not apply to any person who has not been convicted of domestic abuse battery for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.
Posted on 2/29/16 at 4:21 pm to fr33manator
quote:
all you need is enough money and a guy that knows a guy.
Or you just need to have $300 and know how to use craigslist...
Posted on 2/29/16 at 4:22 pm to undecided
Do you know how many women use accusations of DA to get at men ?
Posted on 2/29/16 at 4:22 pm to bisonduck
quote:
You can sell it but it doesn't mean that it's legal to carry for the person that bought it. At the end of the day, I've read our laws (here in Oregon) and it's not the wild west. The reality is we just need to enforce the laws on the books.
That has nothing to do with my post and the post I was replying to. The point is that it's insanely easy to get a gun if you want to. Passing legislation that effectively does nothing is a waste of time.
Posted on 2/29/16 at 4:24 pm to Dr RC
quote:definitely. Anybody can get angry and out of their anger pull a trigger. But stabbing someone? No way that takes serious anger and aggression. Stabbing someone is brutal.
some would but IMO it likely takes a hell of a lot more anger to stab a person to death than it does to pull a trigger.
Posted on 2/29/16 at 4:27 pm to Paul Allen
No
Posted on 2/29/16 at 4:32 pm to LNCHBOX
quote:
That has nothing to do with my post and the post I was replying to. The point is that it's insanely easy to get a gun if you want to. Passing legislation that effectively does nothing is a waste of time.
I am saying instead of making the buying process more bureaucratic (the question isn't how easy it is to get a gun), why not enforce the laws that target criminals? My brother worked in law enforcement here in Portland and he said you'd be dismayed at how many illegal gun carriers are dismissed on their charges because of technicalities.
Instead, let's put the onus on honest people and let the criminals off the hook.
This post was edited on 2/29/16 at 4:34 pm
Posted on 2/29/16 at 4:36 pm to undecided
Justice Thomas raised an interesting question. Does a misdemeanor conviction warrant the permanent suspension of a Constitutional right?
I say no. There is no due process given to these people in these frequent cases.
This will be a 4-4 decision where the lower courts decision will stand.
I say no. There is no due process given to these people in these frequent cases.
This will be a 4-4 decision where the lower courts decision will stand.
Posted on 2/29/16 at 4:41 pm to LNCHBOX
quote:
It's actually even easier than that.
There's this nifty thing called craigslist. You can buy a gun from anyone on it in this state and not have to do anything other than pay the person. And that's 100% legal currently. But hey, let's pass some feel good legislation that will do nothing. Why not?
You mean Armslist?
ETA - armslist, bayou shooter, and LA sportsman yes, but firearm ads on craigslist usually get whacked pretty quickly as I believe it is against their terms of service.
This post was edited on 2/29/16 at 4:43 pm
Posted on 2/29/16 at 4:44 pm to boosiebadazz
quote:
What about "shall not be infringed" is so hard to understand,
Evidently the part that any life,liberty, or property can be taken with due process of law.
Posted on 2/29/16 at 4:46 pm to undecided
No.
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