Comments on: Firearms for Felons?

By: jason

jason — Tue, 28 Oct 2008 04:04:49 +0000

felons are not all the same. alot of ppl think just cause u r a felon u r a bad person! but it is realy a bad problem not bad person. felons that r changing there life should have the right to get the firearms back. for self-defence,rec stuff and hunting. may be a bit of topic but there is not enought ppl out there willing to help felons get stuff like that back in there life. alot of use r vermonters born and raised on hunting and fishing and messed up. we deserver another chance at that stuff..

By: Allisio Rex

Allisio Rex — Mon, 29 Sep 2008 02:10:54 +0000

The Supreme Court Ruling on the Second Amendment is ridiculous! Scalia and his gang didn’t interpret the Second Amendment’s meaning. They failed to see that there are,in fact, two Militias to be considered. The one of Article 1,Section 8 of the Constitution, which can be called upon by the President and regulated by Congress, (our modern Military) and the other of the Second Amendment, which cannot be called by the President or controlled by Congress and by the States.
The Second Amendment doesn’t grant Congress and or the States the right to regulate this amendment “by appropriate legislation”. It’s just not there.
As for Felons firearms prohibition stated by Scalia, this doesn’t hold totally true. It applies only to people convicted of Federal crimes,can be anything,violent or non-violent, but it doesn’t apply to people convicted of State crimes because States, almost all of them, have Statutes which return people their Civil Rights upon application and this includes the right to possess firearms.
All that is needed to possess firearms and satisfy the unconstitutional federal laws is getting back the right to vote,to run for office and to serve in a jury in cases of States Convictions.
Those convicted under Federal Laws have no way to get Firearms Rights back as Congress has never passed laws similar to State Laws for getting back ones Civil Rights or obtaining a Certificate of Rehabilitation or Good Conduct or expungement as the States provide.
Scalia has a lot to learn. There is discrimination here. States grant reliefs and the Federal Government doesn’t. This is not equal treatment under the laws.

By: KipEsquire

KipEsquire — Mon, 21 Jul 2008 16:52:04 +0000

“what would you consider to be ‘reasonable’ gun laws”

That’s not the question. The question is, what would you consider to be constiutional gun laws.

Incorporation of the Second Amendment to the states is a given. No serious or even semi-serious lawyer or legal scholar doubts that. (See here for details.)

As for felons: To the extent that the holding of Heller is that there is a “right to a handgun in the home for self-defense,” I think Scalia’s dictum will not hold. To the extent that Heller is meant to mean more than that (e.g., concealed carry, more powerful weapons), then a “not for felons” provision would likely survive whatever the level of scrutiny for Second Amendment challenges ends up being (remember, we don’t know yet what the level of scrutiny is).