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January 21, 2012, 12:23 PM | #26 | ||
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Buck, I think at this point we are all confused. The OP (original poster) has said:
Quote:
Quote:
As to the second, if the OP's right to vote has been restored, then according to the GCA he is not considered to be a prohibited person unless the restoration specifically noted that his rights were restored conditional upon his not being allowed to possess firearms. For a state conviction, the Federal law only requires restoration of rights by the state, so I can't understand what all the fuss is about. Somebody has given him extremely bad advice, and he is now convinced that the bad advice is correct and that we are all wrong. Last edited by Aguila Blanca; January 21, 2012 at 05:19 PM. Reason: Typo |
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January 22, 2012, 09:50 AM | #27 | |
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Welcome to The Firing Line, littlewolf2!
I'm puzzled about one (perhaps very picky) detail: Quote:
Here's my confusion: Was LW2 convicted of a felony or not? Ordinarily, if someone's going to be put on probation and serve out a sentence for a misdemeanor, that's part of a plea deal, and the conviction is entered as a misdemeanor on the front end. Alternatively, in some diversion programs, I suspect that the felony charge may be suspended until the end of the probation period, so that it can be reduced to a misdemeanor if the defendant successfully completes probation. In that case, we still shouldn't have entry of a felony charge at the beginning of the probationary period. It sounds to me like he was charged with a felony and someone messed up and entered a felony conviction when they shouldn't have. Frankly, this doesn't sound like a GCA issue so much as a paperwork issue. I guess my second question (that's just now dawning on me), LW2 is this: when you say "my charge was knocked down to a misdemeanor," you mean your charge in your case, right? (Not that your legislature has reclassified the crime so that someone charged with it now faces a misdemeanor.)
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January 22, 2012, 03:40 PM | #28 | |
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Quote:
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"It's a hell of thing--killing a man: You take away all he's got and all he's ever going to have." |
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January 22, 2012, 04:01 PM | #29 | |
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Quote:
Irrespective of which, even if we regard a law as "evil," it is the law. If you think a law is evil, do whatever you can to change or repeal it. I have been instrumental in getting one state law repealed, and another revised. At the moment, I'm in the process of getting a town ordinance repealed or amended (too soon to know which way the Ordinance Committee is going to lean, but they have agreed that the ordinance as written doesn't make sense and is unenforceable). |
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January 22, 2012, 04:14 PM | #30 | |||
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Quote:
Quote:
Quote:
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"It's a hell of thing--killing a man: You take away all he's got and all he's ever going to have." |
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January 22, 2012, 10:17 PM | #31 |
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Felony to misdemeanor
I was charged with a felony but was negotiated that it would be knocked down to a misdemeanor once I completed my probation. So it was a felony for 5 years and once my probation was completed it was reduced to a misdemeanor.
I applied for a hand gun permit at the with a sheriffs department. They could not allow the permit to go through due to federal restrictions. The state would not limit it, however the sheriff will not allow something that is illegal on a federal level. This was explained in the rejection letter I received after I applied for the permit. I would quote it but this was done several years ago and probably threw it away. But this was done many years after it was knocked down to a misdemeanor. I made sure that the state did have it officially knocked down to a misdemeanor with the department of corrections and the of bureau criminal apprehension so there was no confusion between state and fed. |
January 22, 2012, 11:09 PM | #32 | |
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Quote:
How does this discussion in any way involve a law that requires someone to do something evil? |
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January 22, 2012, 11:17 PM | #33 | |
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Quote:
IMHO, instead of wasting a lot of time on a petition that isn't going to accomplish anything because you're asking the Federal BATFE to do something they can't do -- restore your rights under a state conviction, and rights that have already BEEN restored on top of it. I think you would get a lot farther if you would do two things: (1) Pay an attorney to research ALL state records to verify that they show your conviction was classified as a misdemeanor; (2) Reapply for a permit and, if you are rejected, keep the letter and pay the attorney to appeal the rejection on the grounds that, per the Federal GCA, you are NOT a prohibited person once your rights were restored. |
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January 23, 2012, 08:53 AM | #34 |
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The first thing that caught my attention when reading the LilWolfes post was "They", just like AB put in bold.
Are you, by any chance, a troubled youth? Maybe come from the wrong side of the tracks? One of "Them" families who we really do not want them to have any more guns? Or is your sheriff just an anti-gun guy? All of the above are excuses people have heard from or about a sheriffs Department that does not want to issue you a gun permit. (I could answer yes to two of the four questions above ) I really think you should get an attorney who specializes in firearms or records correction and have him look at the situation. You should get a copy of your conviction and all paperwork that deals will the disposition of your case before you go see him/her. It really shoulds like the ball was dropped on the paperwork side of the case.
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Inside Every Bright Idea Is The 50% Probability Of A Disaster Waiting To Happen. Last edited by Uncle Buck; January 25, 2012 at 04:11 PM. |
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civil rights , gca , gun control act , right to bear arms , second amendment |
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