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re: Mississippi District Court Judge with an interesting opinion re: felon in possession laws

Posted on 6/29/23 at 8:38 am to
Posted by tadman
Member since Jun 2020
5446 posts
Posted on 6/29/23 at 8:38 am to
quote:

A felon should not permanently lose his/her 2nd amendment rights, even if a "violent" crime is committed. If the individual remains so dangerous that they cannot be trusted with a gun, then they should remain incarcerated.


(A) "jail time" is not synonymous with "sentance". Your sentance, as a felon, is that you serve X time and lose Y rights. One of those is gun possession. Not having a gun is part of the sentance.

(b) Keeping people in jail is very expensive and makes it hard to ever re-integrate the convict to society at some point. While I agree with longer sentances for violent criminals strictly for punishment reasons, other types of felons should be let out and given a chance to earn their keep and contribute. They should not re-gain certain rights. Consider Bernie Madoff or the Enron guys an example here. I know some are dead, but grand financial crimes felons should be paying their own way sweeping out the grocery store for $5/hour at some point.
Posted by RealDawg
Dawgville
Member since Nov 2012
11317 posts
Posted on 6/29/23 at 11:17 am to
To be fair..I think only 11 states don’t restore voting rights to felons at some point .

In three states, you never lose them..even while incarcerated.
Posted by Timeoday
Easter Island
Member since Aug 2020
23264 posts
Posted on 6/29/23 at 11:30 am to
quote:

the Enron guys an example here




Only 1, I mean only 1 ENRON guy did not have his case overturned. It was a classic example of the gooooooooooooooooooooooooooberment interfering and causing unconscionable loss to the citizenry.

Yep, John Kroger and his ignorant, moronic prosecutorial team claiming a huge win then hiding in plain sight as those wins turned into huge losses.

The prosecutors who pursued these cases ruined careers and harmed families by abusing the state’s overwhelming prosecutorial power. They remind me of Ayn Rand’s observation about socialists who use state power to further their supposedly altruistic goals:

“[T]he truth about their souls is worse than the obscene excuse you have allowed them, the excuse that the end justifies the means and that the horrors they practice are means to nobler ends.”

“The truth is that those horrors are their ends.”

Crooked ENRON Prosecutors Should Be HUNG!!
This post was edited on 6/29/23 at 11:40 am
Posted by KAGTASTIC
Member since Feb 2022
7989 posts
Posted on 6/29/23 at 11:52 am to
quote:

The distinction is that the offender registry does not raise concerns under the 2nd Amendment.

Of course, the registry might well raise DIFFERENT Constitutional concerns. I've never really analyzed that question.

This is where I'm at. Of course I get the 2A version, but not sure I agree with others that the right of privacy isn't an Constitutional right. I would say I think a lot of the 2A argument of "Its none of your business FED how many guns I have" is based on the right to privacy. Same for laws against having my phone tapped willy nilly by the govt.

Its a tough call since I obviously want there to be restrictions on the child molester, but hard to say that a known murder that got out because some leftie DA is releasing people because of "equity" should have legal access to guns. Obviously it really doesn't matter cause they'll get a gun either way.

Its just hard for me to get over the fact that the felon knows the rules going into doing their crime, and then complaining about the rules. IE...everybody knows the laws against felons having guns, so don't do the crime if you want to keep that right.

Now to make it more tolerable for some...I don't agree that a financial crimes felon should have this right taken away, as they have their own long term penalties for their crime specifically. I'm more talking about gun related and/or harmful crimes.
Posted by C
Houston
Member since Dec 2007
28250 posts
Posted on 6/29/23 at 12:09 pm to
quote:

Then they’re not rights, only privileges


I'm not trying to argue as we're talking past one another. We take away rights all the time as punishment. E.g. you don't get to keep a gun while in jail.

As part of the punishment, I don't mind if the restriction exist outside of jail. And yes people will still break the law. It doesn't mean we should make it easy for them.

Posted by Dex Morgan
Member since Nov 2022
3227 posts
Posted on 6/29/23 at 1:05 pm to
quote:

I want to generally agree here, but the same would then have to go with child molesters too. Making it hard to agree with.

I'm assuming that sex offender registrations and living rules extend past all penalties being fulfilled, therefore under this mindset, a child molester should not have to register or matter if they live near schools, etc. once all penalties are fulfilled.

Breaking trust comes with the consequence of never fully getting it back. Breaking those known societal rules come with known consequences too.


Child molesters should be given an automatic life sentence with no chance of parole.

The sex offender registry and any other restrictions should be done away with as well. It's ridiculous what can get a person on it. Like taking a leak behind a dumpster late at night. Not to mention we now know plenty of women have falsely accused men of sexual assault.
Posted by Timeoday
Easter Island
Member since Aug 2020
23264 posts
Posted on 6/29/23 at 3:15 pm to
Why all of the downvotes? Are people not in support of the 2A?
Posted by AquaAg84
Member since May 2013
3874 posts
Posted on 6/29/23 at 9:28 pm to
Again, putting down and being condescending to folks, in this instance MS state judges, as being referred to as 'Bubbas.' I would guess that some or many of these 'Bubbas' went through the Ole Miss law program. It would be great to the board to share your supposed law credentials.
This post was edited on 6/30/23 at 12:18 am
Posted by BengalOnTheBay
Member since Aug 2022
3855 posts
Posted on 6/29/23 at 9:39 pm to
quote:


Meh. A State's authority in criminal cases is not limited to incarceration. The QUESTION is whether it extends to sanctions that ARGUABLY have 2nd Amendment implications.


The very premise of this argument is invalid given the blanket federal statute on felons and gun ownership, which negates any state's right to regulate such ownership, insofar as I understand it.
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