2A Protects Possession by Housemate of Felon - SCOTUS Opinion

[midtennchip]

I haven't seen this posted yet, so here it is. In Monday's opinion in US v Huet, the Supreme Court held that the Second Amendment protects the right of a person who lives with a felon to keep a firearm as long as that person does not help the felon possess the firearm. Here's a lengthy discussion on the decision:

The Volokh Conspiracy » Second Amendment Protects Gun Possession by the Housemates of Felons

[leroy]

Great stuff!! Reafirms the individual right to bear arms. Thanks for posting this neat piece.

Keep up the good work.

leroy

[Oh Shoot]

Gordon Liddy has long said that his wife owns lots of firearms.

- OS

[Chucktshoes]

This is good. If only the groundwork would be laid to remove the prohibition against those who have been convicted of felonies and have completed the terms of their sentences.

[Chief07]

Gordon Liddy has long said that his wife owns lots of firearms.

- OS

Yup! G.Gordon is a patroit. I love listening to him.

The ruling does reaffirm an individual right.

[Guest clownsdd]

This is good. If only the groundwork would be laid to remove the prohibition against those who have been convicted of felonies and have completed the terms of their sentences.

Why? Part of the terms of their sentence is no longer being able to have a firearm.

[East_TN_Patriot]

Why? Part of the terms of their sentence is no longer being able to have a firearm.

Many states have mechanisms for non-violent felons to petition the court to have their rights restored. It makes sense to me that if someone committed a non-violent felony at some point in their life, but have demonstrated that they have not committed any further criminal acts since that time, they should be allowed to own a gun. Being realistic here, most of us have done something in our lives that probably would have been considered a felony if we had gotten caught and criminally charged. When I was in college, I had friends that did all sorts of stupid stuff - like having sex in public places, getting in a drunken bar fight, or writing bad checks. Since then, they matured, graduated from college, got a good job, and live a law-abiding life. Why punish people for their entire lives, especially when they never committed a crime that was specifically a premeditated violent crime? Obviously, there needs to be some sort of minimum time (say 5 or 10 years) and restrictions on the types of felonies that would be a permanent DQ (armed robbery, murder, etc.).

[USMCJG]

Why? Part of the terms of their sentence is no longer being able to have a firearm.

I guess the question we really have to ask ourselves is- do human beings have an inalienable right to self defense? Edited November 26, 2010 by USMCJG

[deerslayer]

I guess the question we really have to ask ourselves is- do human beings have an inalienable right to self defense?

Felons who lose their rights to own guns can still defend themselves with whatever methods are still available. Who cares if they are non-violent? Bernard Madoff and Aldrich Ames lost their right to own guns, and I'm fine with it. If you don't like the punishment, don't do the crime.

[mikegideon]

Being realistic here, most of us have done something in our lives that probably would have been considered a felony if we had gotten caught and criminally charged. When I was in college, I had friends that did all sorts of stupid stuff - like having sex in public places, getting in a drunken bar fight, or writing bad checks.

Yep, I had a couple of ex-girlfriends and one ex-wife that were guilty of that. Don't think it was a felony back then, but I'm still real glad they didn't get caught.

I'm waiting for them to make farting in public a felony. It's about time somebody actually proved in court that it wasn't the dog.

[Guest CJK]

I'm waiting for them to make farting in public a felony. It's about time somebody actually proved in court that it wasn't the dog.

Edited November 27, 2010 by CJK

[MikePapa1]

One of the problems today, is that with the vast expansion of government and an increasing criminalization of formerly perfectly legal activity, it is virtually impossible for a citizen to know what conduct is, in fact, a felony.

[mikegideon]

One of the problems today, is that with the vast expansion of government and an increasing criminalization of formerly perfectly legal activity, it is virtually impossible for a citizen to know what conduct is, in fact, a felony.

I guess it's good news for your profession. We need to hit the reset button, but it won't happen.

[TNRobocop]

That's the price you pay for committing a felony. Loss of gun ownership rights.

Most felonies are not stuff you accidently or stupidly commit.

[deerslayer]

and i don't think drunken screwing in public or bouncing a check are felonies like an earlier poster implied.

[MikePapa1]

Actually, yes there are. Far too many. For example, I had a client last year who was at work when his live-in spanked his daughter hard enough to leave marks. She left for visitation with her mother before he came home. His mother told him that the child had been spanked too hard when he got hone late that night. He tried to call his ex but got no answer so he emailed her to check on his daughter. The child's mother, rather than answer him that night called the police. In the morning she sent him pictures showing the marks. He called DCS to report but as the police had already been informed, the live-in was arrested for felony child abuse and my client was charged with C Felony Aggravated Assault for his failure to immediately report. I was a ble to convince the DA to do a pretrial diversion for the A Misdemeanor Failure to Report Child Abuse but only after he made a $10,000 bond and paid my exorbitant fee. It is far too easy today to be charged with a crime, even a felony.

[MikePapa1]

and i don't think drunken screwing in public or bouncing a check are felonies like an earlier poster implied.

Depending on the facts, they could be. Worthless check over $500 is an E Felony.

[deerslayer]

Actually, yes there are. Far too many. For example, I had a client last year who was at work when his live-in spanked his daughter hard enough to leave marks. She left for visitation with her mother before he came home. His mother told him that the child had been spanked too hard when he got hone late that night. He tried to call his ex but got no answer so he emailed her to check on his daughter. The child's mother, rather than answer him that night called the police. In the morning she sent him pictures showing the marks. He called DCS to report but as the police had already been informed, the live-in was arrested for felony child abuse and my client was charged with C Felony Aggravated Assault for his failure to immediately report. I was a ble to convince the DA to do a pretrial diversion for the A Misdemeanor Failure to Report Child Abuse but only after he made a $10,000 bond and paid my exorbitant fee. It is far too easy today to be charged with a crime, even a felony.

So did he get to keep his guns?

[Guest 731david]

Hmm…I always enjoy reading debates about this subject…seems I read where a dude said “let he who is without sin cast the first stone”…lets just make it where if you commit any crime you lose the right to own a firearm…that’s pretty black & white for everybody no if, and or buts…a crime is crime and sin is sin, right???????

[RobertY]

Opps... what about the time someone gets caught up in an appointment and got that parking meter violation ticket? Or had a bad cold and spit on the sidewalk and got ticketed?

BTW, my dog has gas so he did do it.

Hmm…I always enjoy reading debates about this subject…seems I read where a dude said “let he who is without sin cast the first stone”…lets just make it where if you commit any crime you lose the right to own a firearm…that’s pretty black & white for everybody no if, and or buts…a crime is crime and sin is sin, right???????

[MikePapa1]

So did he get to keep his guns?

Yes, he did.