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January 20, 2012, 12:44 PM | #1 |
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Lift the ATF's prohibition on restoring the 2nd Amendment Right to Bear Arms.
Please help enforce the law as it was written and remove the ban the ATF has on gun possession rights. We need to get rid of this catch 22 the ATF has on restoring the 2nd Amendment right. To help please sign the petition located at change.org below. Thanks for your support.
http://www.change.org/petitions/the-...t-to-bear-arms Last edited by litlewolf2; January 20, 2012 at 06:46 PM. |
January 20, 2012, 12:49 PM | #2 |
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Dumb. I don't believe I have ever set foot in Minnesota. Whoever wrote this thing wants me to sign a letter stating that I was arrested for marijuana possession in Minnesota at the age of 18.
This one isn't going anywhere. It isn't even presented in the form of a petition. |
January 20, 2012, 01:35 PM | #3 |
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Not for me. Frankly, I have only limited compassion for those who break the law when the law is clear. People need to understand that there are consequences to their actions and those might be long lasting and serious.
Jerry
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January 20, 2012, 01:48 PM | #4 | |
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Quote:
Perhaps the writer should have spent age 18 paying more attention in English class rather than rollin' doobies.
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January 20, 2012, 01:58 PM | #5 |
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Good luck to you. I signed it, though it doesn't seem just perfect. I don't read anything in the second amendment about "except for former potheads" or "except if you once had a felony that your state doesn't seem to care about anymore".
Additionally, you could consult with the local/state authorities regarding your legal status for buying antique or muzzle-loading firearms. In many states, a black powder/muzzle-loading rifle does not legally equal a firearm or have to be sold through an FFL or shipped to an FFL. I really enjoy my 1858 Remington replica revolver and my sidelock pistol; neither required an FFL. |
January 20, 2012, 02:18 PM | #6 |
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I don't quite understand. If your civil rights were restored and your conviction was reduced to a misdemeanor. Then why are you still prohibited from gun ownership?
You say the Federal Government prevents you because a felony 'once was there'. That sounds to me like your Minnesota record still shows a felony. If your conviction was truly reduced to a misdemeanor and your rights fully restored, then all the Feds should see is a misdemeanor.
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January 20, 2012, 03:39 PM | #7 |
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To clarify.
First off, this is a Federal issue not a state, Minnesota was just my own personal example. Minnesota and many other states would have no problem restoring my right to bear arms.
Second this "restoration of rights" is already in effect. The law is 1st you have to complete your full sentence be it incarceration, probation, fines, classes, or what have you. Then in most states and federally a certain amount of years must pass after all these have been satisfied usually ranging from 5 to 10 years. Third according to the Gun Control Act of 1968 a person can apply to get their rights restored. If that person is "not be likely to act in a manner dangerous" they can get their gun rights restored. This was appointed to the Attorney General who delegated it to the ATF. The ATF however has prohibited expending any funds to investigate these applications. Fourth the application process since the ATF has their policy in effect has been re-delegated to the president in which if you ask me is not appropriate use of the presidential office and the ATF should take on the responsibility they were given. Fifth as far as my own charge goes it was a felony but was knocked down to a misdemeanor. It currently is classified as a misdemeanor but since it was a Felony initially it triggered the Gun Control Act and is still in effect despite the current status. Sixth the petition is formatted through Change.org and the link to the petition is here. http://www.change.org/petitions/the-...t-to-bear-arms My right to vote and help determine how this country is run has been restored, but by Second amendment right to bear arms has been taken away just doesn't seem right. Also I'm not a "pothead" and haven't really smoked much since I was a teen. But I do have to put this question to you out there against the specific issue of potheads owning guns. How many violent pot heads do you know? If the gun control act takes effect as it was written, it is a very thorough and makes it difficult for anyone it applied to get their rights restored. I do believe the right to bear arms is a basic American right. But I also don't believe that just anyone should be able to own a gun. I also believe people can and do change and deserve 2nd chances. Thanks for your support. |
January 20, 2012, 04:14 PM | #8 | |
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Quote:
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January 20, 2012, 04:36 PM | #9 |
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Petitions do not contain personal stories. Anyone who signs a petition which admits to having committed a crime that they have not in fact committed is foolish. There's not a snowball's chance in hell I'd put my name on that letter.
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January 20, 2012, 04:50 PM | #10 |
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The whole thing is stupid.
BATFE does not have a ban on anything. The US Congress refuses to fund restoration of rights. BATFE has nothing to do with it, except they are prohibited by Congress from using ANY allocated money for this purpose. |
January 20, 2012, 04:52 PM | #11 |
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litlewolf2: That's absurd!!!
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January 20, 2012, 05:03 PM | #12 | |
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Quote:
For myself I believe the Constitution guarntees the right to bear arms so long as you are not under arrest or actually in prison or jail or otherwise in custody. Unfortunately most of the House, Senate and Judges and Lawyers read english differently than I do and differently than every school teacher I have ever met and its out of my power to change other than to vote. In the end you on some level made a choice and apparently dont like the consequences.... Again no disrespect but the decision I am guessing was apparently yours.
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Molon Labe Last edited by BGutzman; January 20, 2012 at 10:37 PM. |
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January 20, 2012, 05:48 PM | #13 | ||||
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Secondly, you were arrested, charged, convicted, and rights restored under state law. You are done. The BATFE -- even with funding -- cannot "restore" on a Federal level rights that were never -- on a Federal level -- taken away. You need a better lawyer. If what you have related is correct -- that your conviction was reduced from a felony to a misdemeanor and your civil rights have been restored -- then you can buy a gun. If your conviction was in state court, your restoration MUST occur in that state. The Feds don't need to duplicate the act of restoring the rights that your state already restored. Quote:
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January 20, 2012, 06:09 PM | #14 | |
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Yep, another stupid poll.
Quote:
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January 20, 2012, 06:28 PM | #15 | |
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In order for me to get the FEDERAL restriction lifted, I would have to apply though the atf to get it restored. But since they have been prohibited to process any applications, they suggest on their site to apply for a "Presidential pardon". |
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January 20, 2012, 06:37 PM | #16 |
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Fixed..
I fixed the wording in the petition. Thanks to all the critics who pointed out my mistakes. I appreciate you clarifying what I wanted to convey. Anything else folks?
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January 20, 2012, 06:43 PM | #17 | |
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correction.
Quote:
"Since October 1992, however, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals." I apologize for any confusion. |
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January 20, 2012, 10:19 PM | #18 | ||
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If you were charged and convicted under Federal law, then the state can't do anything about it and your rights could not have been restored in any way at the state level. The following is direct from the BATFE web site's FAQ section: Quote:
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January 20, 2012, 10:26 PM | #19 |
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Marijuana has been Schedule 1 since, what, 1970? This isn't news. Sorry, but you screwed up.
Now, should that be a lifetime bar to your rights? Absolutely not, but a petition isn't going to change it. A remedy for this situation would most likely come through the courts. Consider donating to the 2nd Amendment Foundation.
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January 20, 2012, 10:33 PM | #20 |
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There is your answer OP in post #18, seems simple to me.
Just notify the Feds that you have had your rights restored and all should be well. If it isn't the problem is with your state.
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January 21, 2012, 02:37 AM | #21 | |
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Federal, State.
The Gun Control Act is a Federal Law. You do not have to be convicted under a Federal law in order for it to take effect. Once it has taken effect despite the fact that the charge has been lowered below felony status it still remains in effect. That is one of the reasons for the petition and things need to change.
As far as the state goes. It's like California and Marijuana. You may be legal in the state but that doesn't stop the feds coming in arresting those who are in the right as far as their own state goes. I'm not really sure what this statement was suppose to mean.. Quote:
If you meant that Marijuana is what this post is about, it's not. It's just a example of how the gun control act is not being followed and also how the law itself is flawed. Interesting discussion though, anything else folks? |
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January 21, 2012, 02:54 AM | #22 | ||
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Quote:
Not according to what Aguila Blanca posted. Quote:
You said you had a letter from the state restoring your civil rights. Do you are don't you?
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January 21, 2012, 11:16 AM | #23 | ||
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There certainly should be funding for the Federal restoration of rights process, I won't argue with that. But the bottom line is, YOU DON'T NEED IT. According to you, your state has restored your rights. You are good to go. There is NOTHING the Federal government can do for you. Please read what I quoted from the BATFE FAQ. If that's not enough for you, the FAQ gives the citation to the full Federal law -- look that up and read the law. |
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January 21, 2012, 11:23 AM | #24 | |||
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Can we get our facts straightened out a bit?
litlewolf2, were you originally convicted under a felony charge? Or, were you charged under a felony count which was plea-bargained down to a misdemeanor and then convicted? There are 3 things that you need to look at. 1) Under the felony conviction, if the maximum sentence could have been more than a year in prison/jail, then you are a prohibited person under Federal law. Quote:
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If you have answered, "No," to all three questions, then your civil rights, as interpreted by the DOJ and BATF&E, were never impacted. They do not consider your 2A rights as a civil right. Most particularly, if that was the only right that was taken away and restored. There are two cases, winding their way through the Federal Courts, that address these questions, albeit in slightly different ways: 1) Schrader v. Holder (#32 in the 2A Cases), and 2) Enos, et al v. Holder, et al (#39 in the 2A Cases). Outside of an expungement or a pardon, by the Governor of the State you were convicted in, you will have to wait until these cases are decided. Of course, if you have the $$$, you can always hire a good 2A attorney and file a lawsuit yourself on these grounds. Be warned, this will cost in the hundreds of thousands of dollars, to take it to just the Circuit Court of Appeals. By the time you get there, one or both of the two cases, above, may have already been decided. |
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January 21, 2012, 12:04 PM | #25 |
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Thanks Al, I also am confused.
I have been charged three times with a felony. In two cases the charges were dropped and in the third case I was convicted of misdemeanor. I paid a $100 fine (And about $1,492 in attorney fees). I have never been denied when I purchase a gun. I was wondering if he was convicted of a felony and once his time had been served it was reduced to a misdemeanor.
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civil rights , gca , gun control act , right to bear arms , second amendment |
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