Pardoned Felon Fights For His Gun Rights In TN

[Guest uzzi]

Should Pardoned Felons Have Gun Rights Restored? | TheBlaze.com

[zapfbroad]

post in http://www.tngunowners.com/forums/2nd-amendment-issues/62707-tennesseann-article-should-pardoned-felon-have-gun-rights-restored.html tennesseean did the story on the 23rd

[TGO David]

Tennessee is completely wrong about this one. If the state in which he was originally found guilty, Georgia, saw fit to reverse that decision and restore ALL of his rights, then another state (Tennessee) has no damn business countermanding that restoration of his rights.

[bigwakes]

I have always been on the side of more gun rights for all. Not this time. If I'm understanding it right the guy committed a felony served his time and was pardoned meaning guilty, but the state let him go. The only time I would agree to restore gun rights is if he was found not guilty at a later date.

[bigwakes]

Just to be clear a pardon according to Wikipedia is:

A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; it is usually granted by a head of state (such as a monarch or president) or by a competent church authority.

A pardon does not mean not guilty it means he has served his time, came to Jesus, etc.

[Guest WyattEarp]

edit: nevermind, someone already said it.

[vontar]

Yup, can't Cherry pick which rights he can and can not have. A Full Pardon it is a Full Pardon. GA dealt the punishment and saw fit to forgive the crime. TN has no business in another states business.

That would be like saying he can not vote either.

[Guest PapaB]

Tennessee is completely wrong about this one. If the state in which he was originally found guilty, Georgia, saw fit to reverse that decision and restore ALL of his rights, then another state (Tennessee) has no damn business countermanding that restoration of his rights.

What he said.

[Guest PapaB]

Just to be clear a pardon according to Wikipedia is:

A pardon does not mean not guilty it means he has served his time, came to Jesus, etc.

That's not what a pardon means. SCOTUS, in 1866 ruled that a pardon can be granted at any time after the commission of a crime, even before legal proceedings occur. That means you can be pardoned before being convicted, not that you've served your time.

[bigwakes]

That's not what a pardon means. SCOTUS, in 1866 ruled that a pardon can be granted at any time after the commission of a crime, even before legal proceedings occur. That means you can be pardoned before being convicted, not that you've served your time.

In this particular case that is what pardon means.

[vontar]

A lawyer or another person smarter then I will probably come back and slap me for this. I still believe he should get his rights back that TN does not have a dog in this fight. However. I did some reading on TN's process and I believe TN is basing it on TN's process and not GA's. I am not going to dig in GA's just what the article said.

State of Georgia’s pardon notice itself reads:

“All civil and political rights, including the right to receive, possess, or transport in commerce a firearm … are hereby restored.”

Moving to what I dug up on TN.

http://www.pardon411.com/wiki/Tennessee_Pardon_Information

way down on the page.

down around 14 and 15. Right after it talks about

In other words, the pardon may make you eligible for restoration of your rights, but it does automatically restore those rights. When you apply to a court to restore your rights, you will be required to submit a formal petition to the circuit court in the county where you live or where you were convicted of the crime.

But what I believe they are forgetting is the fact that GA did that. He does not have to apply to TN because that was done already by the state were he was convicted of the crime.

It then moves into Gun Rights.

At any rate, if you would like your gun rights restored along with your other rights, you should remember to specifically request that in your application for a pardon and/or your court petition to restore your citizenship rights. If you have ever been convicted of a violent felony, you can never possess a gun again in Tennessee, even with a pardon.^[17]

Not certain but appears GA already granted them, he should not be required to obtain them on a state by state bases IMHO.

In closing, a in indicates a pardon in one state is not always set in stone when you move across the line to another state.

Edited October 5, 2011 by vontar

[vontar]

double post.