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Eric Holder Proposes Restoring Felons’ Voting Rights. What About Their Other Constitutional Rights?

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When you’ve paid off a debt, that debt is paid. Right? Not when that debt is a debt to society and you’re a convicted felon. When you’re convicted of any crime with a maximum penalty of more than 364 days in jail you’ll lose your rights to vote, serve on juries, and possess firearms. And you don’t usually get them back, even after you’ve served your time and paid your fines and complied with the terms of your probation.

United States Attorney General Eric ‘J. Edgar’ Holder thinks this is unfair for many felons. He wants their voting rights to be restored automatically, so they can vote Democratic. But what about their rights to possess firearms? . . . crickets . . .

You might not have much sympathy for felons, and in many cases you shouldn’t. Felonies used to mean serious crimes like murder, rape, robbery and arson. Anyone who commits such crimes against another person, IHMO, has permanently forfeited their right to be trusted with firearms.

But the vast majority of convicted felons have never committed these crimes, or ever committed serious violence against another person. As the power and reach of the state has grown, the list of federal and state felonies has ballooned to include thousands of victimless and purely regulatory crimes.

Most drug offenses are felonies, as are many tax offenses. Shipping an unloaded, lawfully-owned firearm through the U.S. mail can be a felony. Incorrectly answering a Form 4473 can be a felony, as can the possession of a single evil ‘assault weapon’ in the hoplophobic madworld of New York State.

Many state laws allow some provision for at least some convicted felons to restore their rights. In some states like my own, this remedy is very slow (seven years at a minimum) and restricted to certain nonviolent, first-time felons.

Eric Holder thinks this is a shame. But he doesn’t think the loss of all these rights is a shame: just that bit about voting. In a speech at Georgetown University Law Center on Tuesday, he called for the automatic restoration of felons’ voting rights.

“It is time to fundamentally reconsider laws that permanently disenfranchise people who are no longer under federal or state supervision.” Holder said, and we couldn’t agree more.

Little that the Obama administration does is not motivated by electoral politics, and Holder’s speech is no exception. This ‘get-out-the-vote’ campaign for felons is motivated solely by a desire to get more ex-cons to vote Democratic, but we think Holder’s proposal doesn’t go far enough.

For nonviolent offenders, and particularly for those convicted of victimless or regulatory offenses, there is no reason to deprive them of their constitutional right to keep and bear arms once they’ve served their sentence and paid their fines.

The Obama Administration disagrees, of course. Any excuse is a good excuse to ‘disenfranchise’ Americans of their right to possess firearms. And any way to create more Democratic voters is worth trying.

 

0 thoughts on “Eric Holder Proposes Restoring Felons’ Voting Rights. What About Their Other Constitutional Rights?”

  1. A technical point here…….

    Texas DOES NOT BAN open carry of handguns. That is a “blanket statement” which demonstrates a lack of familiarity with the state constitution and the legal codes of Texas.

    ON YOUR OWN PROPERTY (including leased or rented property) you may carry any firearm not otherwise banned or restricted in any fashion you prefer.

    A small distinction, in truth, it still needs to be understood by all involved in this arguement – who want to openly carry ALL firearms in MOST public places.

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  2. Any gun can fail, the only reason it’s not “worth it” for me to carry a 1911 is the thing weighs a freaking ton and makes my pants sag. I love my RIA 1911 for shooting at the range and adorning my nightstand from time to time, but it’s inconvenient for a dude with a slender frame to schlep one around every day. The same can be said about my S&W 686, Glock 19 and 17, CZ-75s, SIG 228 and 92F…

    I often find my G26 to be too cumbersome. It might be that I’m just not hardcore enough. I feel that an EDC should be unnoticeable both to the person carrying it and the public. I don’t like making lifestyle changes to accommodate a handgun. In fact, I recently bought an NAA Pug to carry in my pocket on days when I really don’t feel like carrying an extra 2+ lbs of gun around.

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  3. I don’t need “high capacity” magazines to defend myself from criminals, I need “high capacity” magazines to defend myself from a socialist tyrannical government…

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    • What you and other people who support you miss is that if this excuse stands, then you are basically giving the government a carte blanche to strip you and any other citizen of any constitutional rights whatsoever. All they need to do is pass a law that makes something trivial that you do every day a felony. And, bam! No 2A rights. And while we’re at it, if 2A can be stripped away like that, why not 1A? 4A?

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  4. I’m still waiting for my my 16 year old “series 1” Gold Match or 12 year old light weight CCO to fail to feed or function, really. These two unmodified 1911s are my carry, competition, and recreation firearms and are counted on to protect my family.

    The article question is contemptible

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  5. Felons do not “pay off a debt”. That phrase has no legal significance. They are punished for a crime. From before the Founders onward, the insane and convicted felons have been barred from the ownership of arms. If you want your rights back as a convicted felon, then every state has a pardons board or a process by which rights can be restored by the executive. Violent felons, at least, should NEVER have their rights restored. Anglo-American courts have always recognized that most inherent rights may be lost by volitional illegal action. If this is not so, then we could not Constitutionally have the death penalty b/c the convicted murderer has an “inalienable right to life…” according to the Declaration. If the right to life can be forfeited by the intentional, illegal killing of a human being, then other rights can be taken for just cause and with due process. The violent felon has demonstrated his willingness to compel others to his will and just b/c he’s spent time in jail for it does not “make up for” what he’s done, it’s merely the due consequences of his actions. It is a deterrent for some to know they will lose these rights. For violent felons, who are not deterred by such considerations (of losing the right), it becomes a sepate crime which acts as both a deterrent and a sentence enhancement that puts them away longer for their next crime. Finally, don’t give me , “Well, if he hasn’t learned his lesson, don’t let him out!” First, no one short of God knows whether someone has “learned his lesson”. This government that doesn’t think you’re smart enough to own a gun- you will trust to say when you’ve corrected your attitude? A thousand years of Anglo-American law has decided on proportional sentencing, i.e. “Let the punishment fit the crime.” You really want to tell me a litterbug should stay in jail until we KNOW he’ll never litter again? Or we can just do what they did before proportional punishment and the prison system- make everything a crime punishable by either a fine or the death penalty(which you could get in 18th century England for stealing a loaf of bread). Criminally violent people will be criminally violent when and where it suits them. Giving them back the ability to legally keep and bear arms is folly.

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  6. Hello, GOD here. I carry a 1911. Rounds of infinity. Never a malfunction. Made by Hilton Yam. Your credentials are what? Cannot find them in the Good Book.

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  7. When I bought my very first pistol, a 5906 Smith&Wesson, I reasoned it was the best gun to have because the magazines said so and the Illinois State Police carried them (at the time). Problem was, I couldn’t shoot it for sh!t. Nor a Sigma, or a Glock. Then I bought my first Kimber 1911. The damn thing fight my hand right. The trigger was very good. I could shoot it. You can debate the reliability factor versus a Glock or whatever, and you would probably be right. But my 1911’s work. The design is still here, 100 years and then some later. There has to be a reason why.

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  8. Oh, boy….. R.F. has a death wish daring even to ask if it is worth it.

    : )

    I am not a 1911 fanatic by any means, but I honestly think any gun lover must have one in his collection. My first handgun was a Springfield Loaded 1911 which I stupidly purchased on a sort of whim, not really understanding much about 1911s. I dumped the stupid Springfield ILS locking junk, replaced the mainspring housing, backstrap, customized the trigger, got rid of the silly two piece guide rod system requiring me to use an allen wrench to take it down.

    I keep it nice and clean and have fun shooting it a few times a year.

    It is just a joy to use, nothing like a 1911 and nothing better than a well tuned 1911 trigger.

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  9. I seem to recall some Korean store owners in LA some years back who potentially needed every one of the rounds in their 30-rounders to keep rioters from destroying their homes and businesses….but that must’ve been a different California than the one this guy lives in.

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  10. Weighing in on an already over-commented column: If you’ve been bitten by a dog you’ll relate with how painful it is. I don’t blame the officer for not wanting to be bitten again. The dogs were aggressive, both growling and barking, the brown one charging repeatedly. Perhaps the dogs were in the mode of “defending the family” which would include all the kids at the party, plus the excitement of the party, which undoubtedly heightened their reaction to the officer. He was well in his right to defend himself but the first option should’ve been pepper spray not the pistol. The dog owner is definitely the “irresponsible dog owner of the day”, no doubt about that either.

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  11. Lol, thems streets that raised me

    Everyone messes with the cops out there, they have some sort of God complex more than anywhere I’ve ever visited. While Oakland is no picnic, you can’t be angry at the people for refusing to conform to the Illuminati’s system of control 😉

    The gov’t keeps the violence high by keeping everyone on welfare and all around treating them badly.

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  12. I think the Black Eyed Peas original lyrics of “Let’s Get Retarded In Here,” would be more applicable to a San Fran based gun policy.

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  13. Chicago, Detroit, Oakland, Compton, Baltimore, why does it seem that gun free liberal enclaves suffer from lawlessness? How can progressive liberals who worship government and want it to be their ultimate benefactor have so little grasp on how tyranny starts? Why does no one understand that the Wild West was actually more civilized since men were men, women were women, people worked hard or starved, god was feared, the law was swift, and people relied on their selves and their firearms. Now I fear this blight will spread, and will be met with more govt fixes involving the same bad medicine.

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  14. ◾Inventory can sometimes be hard to find quickly with demand being so high. Uh, Brandon, it’s not sometimes, it’s virtually all of the time. Coming up on 2 year anniversary of getting our FFL, obtaining the FFL was the easy part of starting a LGS. We search every day to keep up with demand, a good problem but frustrating. And building an indoor range to boot, that has been a struggle as well.

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  15. I would just like to add that I have seen more than one person using a thumbs forward grip accidentally activate the slide lock while shooting and then blame the gun. Much like when you short stroked the trigger.

    I had a real problem with that when I was shooting a SIG 239, until it was pointed out to me, and it convinced me to transition to a grip where that isn’t possible.

    Any possibility it was user error Nick?

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  16. Are you a history fan or have a family connection to the gun (grand pappy carried one 80 years ago)?

    No?

    Then a 1911 isn’t for you.

    Go get a Glock, HK, Walther, CZ, or M&P.

    For an implement of war designed by the Gods and put into the hands of mere Earthly mortals, there sure is a lot of time devoted to defending its problems.

    There’s a reason why we’re not driving Model T’s or using the telegraph to send messages…..technology has advanced. Stop using an antique as a sidearm.

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  17. “they can only inspect FFL firearms inventory”. Don’t count on it. Check the regs. They can “deem” your personal collection as part of your inventory and force you to produce it under threat of revocation.

    ATF HQ will tell you one thing, and the individual doing the annual inspection will tell you something entirely different – and write you up for a violation for what you did.

    Personal advice. Do not, under any circumstances, get an FFL for your home. You never want ATF in your home without a warrant (or with a warrant!). Rent a broom closet office in a commercial building somewhere and hang your licenses there.

    There are some good ATF people who will treat you with respect, but there are many others who will make it a mission in life to make your life miserable – just because you deal in guns.

    Carefully read (and heed) the following document by Richard Gardiner: http://www.nraila.org/news-issues/articles/2008/know-your-rights.aspx

    Remember…. It’s your life they can easily ruin – and it can cost you your life savings….. and far more.

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  18. Was I the only person who noticed that the guy in the black jacket, firing into the air, was shooting a Hi-Point? It made me laugh. Trying to be gangsta with a Hi-Point.

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  19. Cuomo’s mannerisms irritate me. He always comes across as a condescending know it all, and he just has that damn goofy expression on his face like he doesn’t know if he should fart or giggle next.

    I’m glad I am not welcome in his state.

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  20. When a man uses candy to lure a child into a dark alley, we shouldn’t have the knee jerk reaction that he’ll kidnap the child.

    Maybe he’s just providing a delicious treat.

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  21. Maybe I’m a sick bastard, but it would be awesome to go on a man-eating tiger hunt. Either that, or we could send some criminals out into the bush and save our taxpayers some cash.

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  22. We have gone shooting only a couple of times as ours have been growing up. It turned out, however, that even a few trips can make a world of difference in today’s environment.

    The older one is off to college in a very gun-unfriendly jurisdiction, but she has been thinking of taking a couple of her classmates to a range. She has also been pressuring me to let her open-carry back home, now that she is over 18, instead of waiting until she is 21 and can carry concealed. We are still debating that part …

    So yes, definitely take them shooting, the more the better.

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  23. What a lot of people here won’t own up and say os MANY of the folks,that lose their rights as convicted felons are MINORITIES( its easier,”wink, wink” to say they are Democrats!) And sadly many rightwinger are dismissive of FACTUAL statistics that minorities are given disportionately HIGHER sentences than their white counterparts for like crimes!( so much for a fair and equal justice system)

    Many are convicted of low grade felonies like small quantity drug possession charges, or property( non violent) crimes. And ojce convicted they lose their rights( can’t even get a passport as a convicted felon:

    That,cuts to the heart of the problem many that post here rant and spew anti liberal views but fail to admit the conservatives have ALSO failed this nation too( the same companies that are exporting jobs and raw materials overseas for production also fund a BOATLOAD of GOP and conservative politicians!!) People keep ranting about,cutting taxes, but pur national tax rate is LOWER than it has been in decades, yet spending for upkeep of our nation continues to rise, with less revenue, amdajpr companies are dping employees onto welfare lines, while getting rightwing( and a fair amount of leftwing politicos to give them corporate welfare as well as cut their corporate taxes

    Simple equation, no jobs ,no tax base, no clean water, decent roads, decent schools, fire or police protection( which some here seem to want, cause it means they can go about “heeled” and “fix” every problem with a bullet).

    No jobs mean desperate people, means burglaries, drug sales, purse snatchings, and that means,more felons. We are in a bad situation. While we have to punish crime, we,seem to no longer believe in the rehabilitation part. Many felons can’t get jobs even at McDonalds,

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  24. I’m classified as a felon because I had over three duis ,I never hurt any one nor was there ever and accident I just drank too much and was miserable in a relationship due to an insecure and evil female. I take responsablity for myself. I fix cars for a living and spent most of those years learning/knowing automobiles. None of dui ‘s was initiated with suspicion of DUI, is was stupid shit like no tail light and California stop. In a small town didn’t take very long and police had me in their sites. Anyway my bad “stupid kid” I did my time 19 months and got out “expired” meaning done, no p&p about 6 months after that I realized I didn’t want to be that guy anymore . I had to separate from my girl who I still lusted and loved but I felt that I was starting down the same path. In fortunately my relationship with my daughter suffered most I had to stay away. Sadley I’m a quail hunter since I was ten and now I can’t have my guns , its been 15 year but from everything I’ve found getting mybrecords sealed is a waste of money because its still seen by law enforcement . I think this year I’m going to buy a hunting license and just do it abiding by all the rules as I always had years ago. Its situations like mine I think I should have a right to hunt with my shotgun without harassment. I’ll find out soon enough hope I don’t become a felon again doingbeing who I am “a quail hunter”

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