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Medina v Barr - Should felons get their 2A rights back?


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#1 Euler

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Posted 05 October 2019 - 02:26 AM

docket

Nearly thirty years ago, Jorge Medina was convicted of one felony count of making a false statement to a lending institution in violation of 18 U.S.C. § 1014.

Medina was not imprisoned. The bank sustained no loss, and would resume doing business with him. Medina is a successful entrepreneur and family man, with no record of violence. Yet on account of his single false statement conviction, 18 U.S.C. § 922(g)(1) permanently bars Medina's possession of firearms.

The Third, Seventh, and D.C. Circuits hold that individuals convicted of felonies may challenge the application of firearm dispossession laws under the Second Amendment, although the basis for such challenges remains disputed. The First, Eighth, and Ninth Circuits have expressed openness to such challenges, while the Fourth and Tenth Circuits bar them. The D.C. Circuit below reiterated that as-applied challenges to felony firearm dispossession laws are theoretically possible, but rejected Medina's claim for such relief.

The question presented is:

Whether the Second Amendment secures Jorge Medina's right to possess arms, notwithstanding his conviction for making a false statement to a lending institution 29 years ago.


Edited by Euler, 05 October 2019 - 02:27 AM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 BobPistol

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Posted 05 October 2019 - 11:43 AM

I personally believe if the felony was not violent, then the person should be able to get their 2A rights back after, say 5 years or so.  

 

This is a good case for 2A. 


The Second Amendment of the Constitution protects the rest.

#3 Bird76Mojo

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Posted 05 October 2019 - 04:23 PM

A standard definitely needs to be put in place where ALL citizens have the option to reinstate their rights to own firearms. Otherwise, what's to stop gun grabbing politicians from passing certain laws that make the smallest of victim-less crimes a felony in order to barr someone from possessing a firearm legally?


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Exercise your rights - Engage in civil disobedience against unconstitutional laws - IGNORE THE F.O.I.D.


#4 Flynn

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Posted 05 October 2019 - 04:44 PM

Otherwise, what's to stop gun grabbing politicians from passing certain laws that make the smallest of victim-less crimes a felony in order to barr someone from possessing a firearm legally?

 

They already are doing that!!!


Anonymous leakers, leak anonymously about the anonymous leak.
 
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#5 Harry

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Posted 05 October 2019 - 04:57 PM

I think from the time the felon is released from prison, the stigma of his incarceration follows him or her for the rest of their life. Getting a good job is difficult if not impossible. Some will give up and continue their criminal behavior. If they are allowed to vote, they will regain their national pride and possibly turn their lives around. After all, they paid for their crimes. If convicted for a second violation they will be barred from voting for life. Just my opinion...




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