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Rights of Felons to Keep and Bear Arms

Eugene Volokh looks at how the issue is being treated in Colorado. Colorado courts can, of course, expand their state RKBA provision to include felons, but practically it doesn’t matter, since federal law prohibits it, leaving someone with a felony conviction open to federal prosecution.

8 Responses to “Rights of Felons to Keep and Bear Arms”

  1. NUGUN says:

    I do believe felons should lose the RTKBA. I feel the real issue is that everything is becoming a felony. Download a song = felon.

    What we really need is a new class of crime category. We’ll call it Vilon for short. Vile Felon. It’d included rapists, murderers, those who maliciously harm others, armed robbers. These sacrifice their rights amongst society by their actions. The only crimes that should fall in those category are those of a vile nature that inflict physical harm.

    All others would be non-prohibitory.

  2. Alpheus says:

    No, we don’t need a new class of felons. We need to restore the original meaning of the word “felon” to rapists, murderers, armed robbers, and those who would harm others. Basically, what at one time were reasonably capital offenses.

    I personally would go so far as to say that if someone cannot be trusted with arms, that person shouldn’t be let out of prison. The idea that we can just “forbid” felons from carrying or owning weapons, and they will peacefully leave weapons alone, is folly–if for no other reason, than anyone intent to do harm to another will find ample ways to do it!

    • Pyrotek85 says:

      Agreed with you and NUGUN above. Terms like felon and sex offender used to mean something, but it’s being tossed around willy nilly for a huge number of offenses that are mal prohibitum in nature. I mean, if the friggin barrel on my rifle is a centimeter too short I can go to prison for years. Some people end up spending less time in jail for a manslaughter charge, you know where someone actually DIED. Not to mention how quickly these people that are deemed too dangerous to own guns are released back into society. Not exactly consistent of them IMO.

  3. Gnarly Sheen says:

    “I personally would go so far as to say that if someone cannot be trusted with arms, that person shouldn’t be let out of prison. The idea that we can just “forbid” felons from carrying or owning weapons, and they will peacefully leave weapons alone, is folly–if for no other reason, than anyone intent to do harm to another will find ample ways to do it!”

    This.

  4. MicroBalrog says:

    Here’s a bright idea:

    If you can’t be trusted with a gun, you can’t be trusted in public without an escort.

    • HSR47 says:

      I think David Codrea phrased it better:

      “Anyone who can’t be trusted with a gun can’t be trusted without a custodian.”

      • Sebastian says:

        Completely on a philosophical level, I agree with David Codrea, and think that’s very good rhetoric for that position. But that’s also not political reality. The American People aren’t prepared to accept that reality currently, and are uncomfortable with violent felons have guns. I’m willing to cede that ground. I’m still willing to stick up for non-violent felons; I don’t want someone denied their right to bear arms because they imported lobsters in the wrong bag, or didn’t get the right documentation for their guitar wood, but for someone who robbed a gas station, I’m fine with stripping them of their RKBA. The traditional alternative was hanging, and society is uncomfortable with that these days.

  5. DA says:

    Think about it no guns there goes slavery all over again especially for felons with no defense so who protects them wherethe police or god will save u from home invasion oh the dummies who voted for no arms for felons hmm everybody is a felon they haven’t been caught yet oh we believe in god but we don’t want you to survive or have rights we are judges,police,neighbors,american’t wake up does anybody see the plan is going very smoove we all will have felonies if the government says so sheep followers of what

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