New Orleans judge strikes down law prohibiting felons from having guns

Discussion in 'Freedom and Liberty' started by CATO, Mar 22, 2013.


  1. CATO

    CATO Monkey+++

    New Orleans judge rules statute forbidding felons from having firearms unconstitutional after 'fundamental right' amendment | NOLA.com

    I see both sides:
    A) We say that after a person has "served their debt to society," they should be treated no differently . . . .
    B) but, the best determinant of future behavior is past behavior . . . .

    so, I think each case should be judged on its merits. If the guy has a rap sheet 4 pages long with many violent offenses, the person has shown they cannot be trusted with such a device (the same reason N. Korea and Iran shouldn't have nukes--trust)

    If the person has a drug/non-violent felony, should the person be denied the gun as a method to defend themselves?
     
  2. Pax Mentis

    Pax Mentis Philosopher King Site Supporter

    I have long been a believer in the theory that, if a person cannot be trusted to have a gun, they cannot be trusted in society period...
     
    9h0s7 and CATO like this.
  3. NotSoSneaky

    NotSoSneaky former supporter

    Ah the perils of Libertarianism; we have the conflicting issues of public liberty, public safety & public trust.

    I agree past behavior can be a predictor of future intent, also drug &/or alcohol use can cause impared cognitive and physical control issues. A debt to society once paid should (in theory) effectivly wipe the slate clean and give the offender a "do over".

    It will be interesting watching this proceed through the legal system.
     
  4. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    I agree with NSS. But I can see a really good case for a three (or two) strike rule. I'm not prone to hand out mulligans more than once, but YMMV.
     
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  5. Pax Mentis

    Pax Mentis Philosopher King Site Supporter

    Obviously, from your signature, you are much more forgiving and trusting than me.

    I am guessing I would be much more prone to taking someone out of society permanently than you when they have shown they cannot be trusted.
     
  6. NotSoSneaky

    NotSoSneaky former supporter

    As heard on Rush: "Ditto."
     
  7. BTPost

    BTPost Old Fart Snow Monkey Moderator

    No matter what a State Court Judge Rules, there is still a Federal Statute that denies Ownership or Possession a Firearm, to ANY Convicted Felon. Here in Alaska we have a Statute that allows an Affirmative Defense to our "Ownership & Possession of a Firearm by a convicted Felon" Statute, IF that person has been off Parole, or completed his Sentence, AND has had no further convictions, for 5 years. This allows for a State Resident Felon to reclaim his Firearms Rights for Hunting, and Self-Protection, here in Alaska, where Subsistence Hunting, is a major way to feed ones self. He is still vulnerable to the Federal Statute, but it is rarely prosecuted, without there being a GIANT Reason, for the FEDs to get involved. ...... YM and Opinion MV
     
    9h0s7 likes this.
  8. VHestin

    VHestin Farm Chick

    A: Not being able to LEGALLY own a gun will not stop anyone from getting one.
    B: A violent person doesn't need a gun to hurt people.
    C: Instead of denying the ex-con a gun, give all his (new) neighbors one :cool:
    D: As mentioned, past behaviour is a good indicator of future behaviour.
     
  9. DMGoddess

    DMGoddess Monkey+

    I'd say that it might depend on the past offense. If it was, say, check kiting, then there's no real reason to say he can't have a gun, but for the most part, I am in complete agreement with VHestin.
     
  10. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    And for those states (such as your's) where the state has told the Fed to step off gun control? What then? o_O
     
  11. BTPost

    BTPost Old Fart Snow Monkey Moderator

    They can still make a Federal Arrest, by having a US Marshal, do it.... so No Problemo.....
     
  12. UGRev

    UGRev Get on with it!

    Stop making drugs illegal, you stop the war on drugs. They won't go away, but they will be out in the open and they will eventually settle down into something very similar to alcohol use. In fact, I'm willing to bet that there will be mass die off's as people OD. Sorry to say it.. but who am I to tell someone they can't shoot up?

    Next, allow us to defend ourselves instead of relying on the "5 minute men", para military squad with backwards mounted Eotech's. We have several basic laws to enforce.
    1. Don't murder
    2. Don't Steal (lying and cheating are gateways to stealing something).
    3. Don't infringe on others rights.

    Enforce those laws.
    If you devalue the currency, you are stealing.. you go before the judge.
    If you intentionally kill someone with malicious intent.. you go before the judge
    If you deny someone their natural rights.. you go before the judge.

    You are not guaranteed safety on this planet, much less this country. So gear up and go for gold and don't violate 1-3.
    So much "law" is just background noise.
     
    JABECmfg, tacmotusn and NotSoSneaky like this.
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