RE: Should Felons own Firearms?
 

BC, lets put it this way, I retained the highest clearence a non-com can get in the USMC, I carry a concealed carry license, I hold a FFL license, I own my own bussiness, yes I abide by the laws!, have I ever broken them?, yes, petty theft when I was a child of 12 " we stole some building supplies from a house that was being built so we could finish our fort!" got caught, got my A## tore up, never broke the law since, well except for speeding, but then Ive only gotten pulled over once in the past 24 years!. Its not hard to stay out of trouble!!!

RE: Should Felons own Firearms?
 

Should be case by case.

RE: Should Felons own Firearms?
 

I would say that 99.5% of felons should not get the right to own guns back. But there needs to be a case by case review. We have a local guy that once owned a car dealership, and went into Mexico inadvertently carrying some .22 bullets. Big mistake! He did some time in a Mexican jail and spent most of his fortune just trying to get out of Mexico. To finally get out of jail he had to be first transferred to an American jail before being freed. Since it was a major crime in Mexico, it gives him a felony record here. He alsohad a large gun collection that he had to sell because he is nowa felon. The last I heard of the case, it is going up through the appeals chain without much luck!
A case by case review would easily weed the real felons from the mistakes!

RE: Should Felons own Firearms?
 

Colorado Luckydog, there is a system in place for one to try to get their rights restored in a case by case way,Im not disputing this, I beleive it should be done. Little stupid crimes are just that, little and stupid, thats why they are broken down into catigories, infraction, missdomener, and felony. Infractions and missdomeners are the stupid crimes, speeding tickets, drug possession,asualt and so on that if your convicted, you receive less than a year, pay fines and retrobutions and you DO NOT loose you rights, this includes owning firearms. Now if you go back out and do it again and again, youll be charged as a felon, well personaly, I think if your stupid enough to go back out and do it again you shouldnt have the responcibility of owning or useing firearms. I agrea, there might be a couple out there that straighten their buts out and become upstanding citezens, I agrea they should be able to plea their case, but for the most part of the convicted felons out there, they keep getting into it time and time again. If your local P Ds and Sherrif dept. have a blog, log on to it, reed the arrest reports, youll be amazed at the repeat offenders, you might know some of them "in the back of your mind you even think they shouldnt possess guns" I know I do!, thats just the way life is today. This subject reminded me of something I was told when I was a young dumb kid " ALL PEOPLE ARE ANIMALS, THE WAY YOU USE YOUR BRAIN IS WHAT MAKES YOU HUMAN!" well it took me a while to figure that one out, one day I realisedif you treat others the way you want to be treated, thats being human, obeying the laws of man is part of that!.

RE: Should Felons own Firearms?
 

This person needs to go to the local County Probation Department, and ask for assistance in preparing a Request for Relief from Disabilities, which is then submitted to the Judge of the Superior (County Judge) Court in which his conviction took place.

IF he has/had a Probation Officer in this case, that Probation OIfficercan help him. If this approach does not work, then he needs to contact a local attorney to have this request prepared and submitted. NY has a regular blank form called a Request for Relief From Disabilities that is filled out and then submitted to the court. This form is only one or two pages long-no problem at all preparing it -BUT when the Judge gets it, he may approve it or NOT, as he sees fit. But it's worth a try!

[align=left]CERTIFICATES OF RELIEF FROM DISABILITIES[/align][align=left]AND CERTIFICATES OF GOOD CONDUCT FORM DPCA -53 (04/04)[/align]

(See Articles 23 and 23-A of the Correction Law, §§700-706 and §§750-755)

http://dpca.state.ny.us/pdfs/dpca53.pdf

There seems to be more involved IF the person was sentenced to a term of incarceration IN A NY STATE DEPARTMENT OF CORRECTIONS INSTITUTION. If this happened, the person must apply to the State Parole Board. I believe a lawyer would be a big help in such cases.

RE: Should Felons own Firearms?
 

I believe he was 17 but tried as an adult. They tried to get him to confess that he was on drugs at the time (which he wasn't) and somehow that would have been a lesser crime, because he wouldn't have been thinking clearly when he decided to race. Instead he knew that he was sober and made a bad decision.


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RE: Should Felons own Firearms?
 

eldequello- That all seems like its reasonable enough. But as your said when it gets down to the judge thats when it counts. In my county they are so anti gun it's unreal. I luckily enough have a pistol permit. It is restricted to hunting and target shooting. I dont think they offer many of the full carry permits anymore.

RE: Should Felons own Firearms?
 

In what County (Court) was he convicted? Did he receive any jail time? If so, where did he go for his sentence? To a NY DOC facility, or a county jail?

Are there a lot of hunters in your county? If so, maybe he could get his right to use rifles & shotgunsrestored. I recommend he check with his County Probation Department!

Let us know what happens-curious about how things are going in NY... (I worked as a Probation Officer in Madison County for ten years,processed several of these requests, and ALL were successful!)

RE: Should Felons own Firearms?
 

"He did some time in a Mexican jail..."

I remember the story of someGerman POW's from a POW camp in Texas who escaped and fled into Mexico. The Rurales policed them up and dumped them in the local Juscado. It was so horrible there, they escaped for aSECOND time, came back to TEXAS, and begged to be put back in the POW stockade!

RE: Should Felons own Firearms?
 

felons should not be able to own firearms (in fact, i don't know of a state where they legally can, unless they have their record expunged?) they should also not be able to reinstate their rights to bear arms. of course, i used to work in law enforcement, so i'm sure my opinion differs than most.