2nd Amendment is a Criminal’s Right Also


The Constitution’s 2nd Amendment protects a criminal’s right to bear arms. Period. Not a popular notion, but true nonetheless.12059512824_bd41066546_n

Presently, federal law prohibits anyone convicted of a felony from buying or possessing a firearm. Sounds reasonable at first glance, but this so-called reasoned compromise is in fact another Leftist program designed to sidestep the Constitution and gradually and methodically disarm Americans.

Federal gun control laws began with Franklin D. Roosevelt’s National Firearms Act of 1934 and Federal Firearms Act of 1938. The 1934 Act was the first to prohibit felons of violent crimes from owning guns. The third federal gun control laws came in 1968 under Lyndon B. Johnson which expanded FDR’s Acts.  No surprise these broad and sweeping federal infringements of our 2nd Amendment rights came under the stewardship of far-Left presidents.

Under the current system the question is: “What constitutes a felony, and who decides?” In criminal law, a crime is classified as either a misdemeanor (minor, low-dollar, or non-violent crime) or a felony (serious, high-dollar, or violent crime.) Felonies carry a wide range of punishment. Generally, a felony carrying a prison sentence of one year or more qualifies as a felony for which a person then loses their right to buy or own firearms, i.e. the felon loses their 2nd Amendment right.

Receiving a misdemeanor verses a felony conviction depends on many factors beyond the severity of the crime including:  prior convictions, state and federal law, plea bargaining, motive, evidence, temperament of the judge, effectiveness of the lawyers, etc.  Fortunately, if a suspect’s actions violate state statutes rather than federal law, the state has the say-so in deciding if the crime is a misdemeanor or a felony.

What happens AFTER the felon serves his or her time in prison is what ought to concern all liberty-loving Constitutionalists. After a felon serves his or her time in prison, it is the federal government who has the say-so whether an ex-con can buy or own guns.  Again: federal law prohibits anyone convicted of a felony from buying or possessing a firearm. If you have committed a felony, served your time and completed probation, you cannot buy or own a gun. Any gun. Ever.

There are exceptions. One’s 2nd Amendment rights may be restored or reinstated by the state or federal court if the felony conviction is expunged, set aside, vacated, or pardoned. (See Alana Marie Burke’s article in Newsmax 11-17-2014.)

Who wants ex-cons to have guns anyway, right? You do!  Believe me.

The 2nd Amendment protects a God-given right. An unalienable right—a right that cannot be removed by man, by government, by a court of law, statute, or executive order. A person cannot even remove an unalienable right from themselves by willful 5345113276_d1dcda76b3_naction, decision, or misconduct. Only God can put asunder what He hath joined.

Our God-given rights are an honored and holy privilege, not to be taken lightly, abused, or handled irresponsibly. When would-be criminals use a firearm to commit a crime they break a sacred trust with our Creator and soil the rights our Founding documents codify. The punishment for this type of crime should carry the harshest punishment. (No surprise our Leftist courts do not punish accordingly.) Therefore, when the punishment is meted out, served in full with good behavior, government cannot thereafter take away the ex-con’s God-given rights.

Ridiculous? Think of it like this. When an ex-con walks out of prison a freeman, does the government thereafter remove his right to free speech? No, of course not. Does the court thereafter prohibit the ex-con’s free exercise of religion? No. Do we strip them of right to privacy thereafter?  May we now quarter National Guard soldiers in their home?  Do ex-cons forfeit their right to a jury of their peers ever after? Can other citizens now buy ex-cons and own them as slaves because their felony conviction makes void the 13th and 14th Amendments? Of course not. So too, the government may not infringe the right of free men and women to buy and own firearms.

Furthermore, is not the definition of “felony” flexible? The Leftist courts are always moving the goal post further away from our Constitution. Perhaps tomorrow felonies may include non-violent crimes. Perhaps some day violations of political correctness will carry a felony indictment. What about “hate speech?” Or climate change carbon polluters or deniers? And when that happens and you are convicted of a felony, will you not wish ex-cons could have guns?


photo credit: Shotguns via photopin (license)

photo credit: flintlock muskets via photopin (license)

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