Quote of the Day
Despite Congress not funding removal of disabilities for over three decades, ATF’s regulation (27 C.F.R. § 478.144) remains on the books with the procedure for filing and processing a petition to remove disabilities. (The regulation states that relief will not be granted if the applicant is prohibited from gun possession by the state law where he resides, but that is invalid because § 925(c) imposes no such condition for relief from the federal disability.) If the petition is denied, § 925(c) entitles the applicant to file a petition for judicial review in which new evidence may be admitted. That provides a check on abusive agency action.
The ball is in Congress’s court to restore funding. Otherwise, given the circuit split, it is likely that the Supreme Court will step in to resolve this issue soon.
Stephen Halbrook
January 13, 2025
Second Amendment Roundup: Circuit Conflict in Felon Gun Ban Cases
Having a path for convicted felons to regain their gun rights is not something I consistently advocate for. But it is important. Three Felonies a Day comes to mind.
Beyond that is the GCA 68 definition of a prohibited person includes those, “.. Under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” This includes people were convicted as a juvenile.
One of my nightmare scenarios is that small children are convicted of a “felony.” This happens routinely. It could occur for crying in public or some such thing. Then, because everyone is a convicted felon, the Second Amendment does not have be repealed. A total ban on individual gun ownership is achieved without infringing the Second Amendment.
Yes, it is ridiculous, but nightmares are not constrained to reality. And then look at the “Red Flag” laws and domestic abuse restraining orders being used to nullify Second Amendment rights. Reality and nightmares are not that divergent.
The Range v. Attorney General case is a good first step to eliminating a large set of my bad dreams.
Like I said before. “My only nightmares are my gun keeps jamming.”.
That said, SCOTUS needs to step hard on this crap.
Cause only satan will like what happens if they don’t.
And once again. You served your time. If you’re allowed to freely walk among us. You have a right to defend yourself. After all, it is a human right.
That, and the fact that laws don’t stop criminals. Guns in the hands citizens do.
You can threaten a felon all you want. Don’t mean crap.
And did you’all give up those braced pistols/bumpstocks/FRT’s when you was told to?
Actually, that was abiding by the law. Cause turning in guns to government is giving them to felons.
Interesting you bring up braced pistols, since ATF, despite having their hands slapped in three separate injunctions, just said they still regard a braced pistol as an SBR and will prosecute accordingly. As I recall, if you registered during the “grace” period, you received a “free” stamp, but could not then use that to then put an actual stock on the newly-ordained SBR in your possession (which seemed odd to me).
MTHead is on the right track, but the issue is even deeper. I have an acquaintance who was/is quite active in the firearms community – activist, adjunct instructor at a fairly well known training facility, etc. He’d purchased many firearms, etc. Then, IIRC, he was denied on a NICS check one day. Turns out, back in college he had rented a car and driven it across state lines or somesuch, and was a day or two late in returning it. Car company turned him in for grand theft auto, case was settled as a misdemeanor with just a small fine. HOWEVER, since the original charge was for a felony and even as a misdemeanor could have resulted in jail time of a year or greater, he found himself disqualified. Had to hire a lawyer and spent time and money getting his rights reinstated.
The gun grabbing leftists are nothing if not clever in their efforts to disarm us…