USA – -(Ammoland.com)- “When I was 18, I was arrested and charged with felony retail theft for theft of $479 worth of clothing at a Chicago mall,” a young man whose name I’m withholding told me in a recent email. “State law of Illinois says any value of retail goods above $300 is a felony.
That was a bad decision, no way around it. He regrets the hell out of it, and has since striven to learn from his poor choice and to lead a productive and law-abiding life. But now he’s a “prohibited person,” forbidden by law to touch a gun. And unless he can figure out a legal way around that, it’s a life sentence.
The young man’s attorney tells him he’d spend thousands of dollars and reminds him how being only a few years removed from his sentencing makes any attempt to restore rights unlikely to succeed. State attorneys would object and the chance of a pardon under Gov. Bruce Rauner “is near 0%.”
Still, there might be another way.
“Ken Buck of Colorado, a congressman, currently has an amendment to a House Bill that appears to allow non-violent felons the ability if said law were to pass to apply for lawful right to bear arms,” my correspondent claimed. “I am curious if you have heard of this bill and what you know about it and if it would pertain to my situation given that his bill is for federal relief and my felony is state-issued.”
Buck has introduced such an amendment before. It sought to overturn “an appropriations rider by then-Rep. Chuck Schumer (D-NY), which cuts off all funds for the implementation of BATFE’s system to restore Second Amendment rights.”
What Schumer has been doing is blocking funding for a provision in the 1986 Firearms Owners Protection Act. Per Gun Owners of America in an alert last May, that provision “would allow persons subject to a gun ban to regain their constitutional rights.
“Make no mistake about it: The procedure is no ‘piece of cake,’” GOA admitted. “A person has to convince the ATF that they don’t represent a danger, or, failing that, they have to convince a federal court.”
So now that Republicans control both houses of Congress and the White House, why hasn’t the Schumer obstruction been overturned?
Does anybody see any recent movement by any of the major gun groups to lead the charge on this? Has anyone reading this written to those groups or to your representatives about this?
That’s why.
It’s easy to dismiss this young man’s concerns since his troubles aren’t ours, and since they were ultimately brought about by his actions. But just think of all the ways gun-grabbers are trying to expand the list of those with imposed firearms disabilities, and imagine it happening to you. As we’ve seen, a lifetime prohibition can be imposed for something as simple as throwing keys, or tearing a pocket. Or for refusing to comply with citizen disarmament edicts.
“For roughly 25 years, the ‘Schumer amendment’ to the Commerce-Justice-Science Appropriations Bill has prohibited any federal funds from being used to restore anyone’s constitutional rights,” GOA explained. “So for much of this time, if a person were a veteran with PTSD, they’re out of luck. If they had a conviction for a federal regulatory offense — fifty years ago — they’re out of luck. They will NEVER get their guns back, thanks to Democrat Chuck Schumer.”
There’s no good reason why Schumer’s lifetime disarmament demand should be what prevails. But odds are it will.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.
In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.
So I suppose one valid interpretation of Illinois laws might be this: If yer gonna be a dirtbag and play lightfingers with retail merchandise, and “need” more than $300 worth, make two trips, either on two separate days or to two different establishments, and in each “action” lift no more than $299 in sticker price, perhaps including sales tax. This is a stupidlaw, obviously the result of retail merchants as a special interest class lobbying their Bought Boys in the Marble Zoo to pass this law favourable to them. Do I advocate theft from merchants? Of COURSE not. I am… Read more »
back in the old days once a prisoner paid his debt he was let out of prison and given his gun back.
all those so called FELONIES THAT ARE FEDERAL, IS BS it’s all about making people FOREVER RESTRICTED PEOPLE.
and there is NOTHING in the Constitution that even says one is FOREVER SENTENCED FOR LIFE FOR A CRIME.
and BTY’ ALL SLIME POLITICIANS WHO DON’T KEEP THEIR OATHS TO THE CONSTITUTION, ARE THEMSELVES CRIMINALS OF THE HIGHEST ORDER.
there are far too many deeds listed as “felony” in federal and state law. One egregious example is the class of “enhancement” charges mounting to felonies when one is in simple possession of a “prohibited substance” and also happens to be otherwise lawfuly armed. The Feds pile on a felony possession of gun whilst committing another offense, many of whichshould not be an offense in the first place. These are “technical” felonies and should get labelled a sifferent class. In my county, rather rural in a big part of it, I understand it is a felony to shoot a cat…..… Read more »
Even possession of small amounts of drugs in Massachusetts is a lifetime ban from ever getting a license to carry. I know someone who was turned down because of a marijuana conviction in 1971 (2 joints). He would be able to get it now that pot has been decriminalized here, but he died of old age before that could happen. It doesn’t matter how many years you go without incident. The jerk who almost killed me in a road rage incident (I was a passenger in a car that had nothing to do with it) however, now has his drivers… Read more »
I believe all felons should get all their rights restored after completing their sentence with the exception of one particular type of felon. That being a person who commits a violent offense with a firearm. This felon is the most dangerous to society in terms of physical harm and very likely to repeat the offense. To me if your going to ban someone from owning a firearm, that person should be banned from ownership based on his past misuse of that firearm, not based on his past misconduct in any other regard.
I know of a gentlemen this was sent to prison for being a conscientious objector (the most non violent of all offences) during the Vietnam era. Hence having the term felon attached to his name forever. Has always been a 2A supporter. Has always had firearms, and always will. Luckly living in rural Northern California he has flown under the radar for many years.
Note the lack of eye protection.
Note the smile. Bet me he is imagining NRA Republicans in his sights.
We are, as usual, our own worst enemies in the matter of restoring 2A rights. The Absolutists among us insist that no one – under any circumstances – may be legitimately bared from the use of arms. For the sake of argument, let’s suppose they are right; they have checked their position with God and She has told them so. Now, then, how do we imagine that we will persuade voters to urge their Senators and Representatives in Congress to go along with this position? We would do a far greater service to sympathetic cases, such as the one cited… Read more »
Obviously Chucky is not going to budge, but I think it can be done if you lobby his puppet masters. Goldman Sachs have given him over $500K, Citi Group over 500K, Paul Weiss Et Al over 400K, and J.P. Morgan over 330K. Start writing the CEOs of his corporate owners and maybe you’ll find one or two sympathetic.