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Convictions etc

jmsmithyjmsmithy Member Posts: 69 ✭✭
edited April 2011 in Gun Rights and Constitutional Law
Hello

Can someone please clarify...
Can BATF allow a convicted (tax charge/non-violent) felon their gun rights? This discussion been ongoing with bunch of folks here.
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The taking for a white collar conviction to me is a disgusting, if not arbitrary deletion of rights. These folks are allowed other things, right to process etc...Understand a violent/drug crime of course but a tax charge? My understanding is must have a Presidential pardon. Some say different.

Any other thoughts?
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Be well.
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Comments

  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    The BATF "can" but they quit funding it YEARS ago.



    A7) How can a person apply for relief from Federal firearms disabilities?

    Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
    Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
    [18 U.S.C. 922(g), 922(n) and 925(c)]

    (A8) Are there any alternatives for relief from firearms disabilities?

    A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
    Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
    Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.
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  • tjh1948tjh1948 Member Posts: 434 ✭
    edited November -1
    The only felony white collar crimes that do not trigger a GCA disability are those covered by the Business Practices Act. Our Congress protected their primary source of campaign funds & future employment.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    You belive a person who served their time for a "crime" that you find arbitrary, fine to have their rights restored.

    Yet any other "crime" you find not so arbitrary, they should never again have rights?

    A right is a right. Matters not the bad act commited, IF they served their sentence.

    I find it doublespeak, that you even word your post they way you had.
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  • wpagewpage Member Posts: 10,201 ✭✭✭
    edited November -1
    A felon is a felon.

    Even misdemeanors can give you problems.

    Some states are giving juvenile problems attention to folks applying now that digital records are kept.
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  • MobuckMobuck Member Posts: 14,133 ✭✭✭✭
    edited November -1
    I knew some folks who got snookered into buying stolen ATV's and got caught. They got felony convictions due to the value of the stolen property, probation, and an agreement from the prosecutor to expunge the conviction at the end of probation. After the whole process was over, one of the guys attempted to buy a rifle from me but was turned down. Turns out it wasn't quite that easy and they all had to go back to court over the matter to resotre their rights. It was taken care of finally and the ATF approved the sale and the folks were allowed to vote also.
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  • texdottexdot Member Posts: 2,315 ✭✭✭✭✭
    edited November -1
    Pickenup,you are right on. ATF will tell you straight up,no way Jay. No money.So no matter what kind of state pardon it all comes to a screaching halt when it reaches the feds. I had the opportunity to "examine" an application for pardon here in Texas several times. Even at the state level here it isn't as easy as filling out a form. You have to have letters from "distinguished" citizens and a bunch of stuff. Good luck!!
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    Plus, if you request or are granted a pardon, it often appears in the local newspaper. If your old conviction was something that you would prefer to keep quiet.....be prepared for everyone to find out about it.

    But, it's not "money" that keeps ATF from processing pardons; there is always "money", it can easily be moved around. There are 2 reasons why ATF can be prohibited from doing an assigned duty: Congressional rider to an appropriation bill, & Presidential memo or executive order. In this case, it's the latter. Every president since Slick Willie, including that brilliant Dubya has sent a memo to the ATF for this purpose.

    Some state governors are willing to pardon many crimes, some won't pardon any.

    OTOH, if you are a fugitive from justice & on the FBI's 10 Most Wanted list, you can always get a pardon from a Democrat president for $100K.

    Neal
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