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Know any felon's that have lost their gun rights?

Discussion in 'Legal & Political Archive' started by JimmyS1985, Jan 8, 2013.

  1. JimmyS1985

    JimmyS1985 St.Louis Active Member

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    I got this friend, he's all around a really great guy. I was in boyscouts with him in my youth. Well he went on to college and did a little too much partying. He racked up 3 DWI's from the time I last saw him (12 years ago) to when I added him on facebook (2 years ago or so). He now can't buy guns even though he loves them. I can't help but feel pitt on the man because he hasn't had a drop of alcohol in the last 2 and a half years, yet he is banned from owning firearms for the rest of his life. Im trying to look into ways he can have his felony expunged, I think it's a possibility but I'm not sure if even non-violent felons can have a felony expunged. He's been clean the whole time and cooperated with police everytime he got pulled over and did their FST's and blew into the breathalyzer. His probation should end in 2 1/2 years, he won't get a driver's license for a further 9 years or so. I think its a shame that he isn't allowed to own one for the rest of his life, especially since he lives in a rural part of the state in which police don't have the response time to quickly come to his defense should the need arise.

    He has a wife and will probably have children too, and I think as the laws go, even the mother can't have a gun in the same household that the felon lives in. I consider their family vulnerable without some way of getting the felony expunged.

    Are there any legal beagles on here that can help me provide my friend with some options?
     
  2. JGRuby

    JGRuby Portland Oregon New Member

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    So exactly what did he do to become a felon, just DUI's?

    James Ruby
     
  3. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    I know of Felon's who have gotten their right to vote back and right to own a firearm back. The key is really getting a lawyer who has worked on this before and can navigate the hoop jumping in your state. This does vary widely state to state.
     
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  4. JimmyS1985

    JimmyS1985 St.Louis Active Member

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    Yea just 3 DWI's is all
     
  5. Just Me

    Just Me Peoples Republik of Oregon Active Member

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    I agree.
     
  6. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    3 DUI's shows an extreme lack of responsibility.

    That is all?.... >.>
     
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  7. Redcap

    Redcap Lewis County, WA Well-Known Member

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    1 DWI is forgivable. We all make mistakes.

    3 DWIs shows that this guy obviously doesn't learn from his mistakes and is too stupid to own firearms.
     
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  8. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    The wife and anyone legal in the house can buy and own as many guns as they like. Buy a safe too.
     
  9. JimmyS1985

    JimmyS1985 St.Louis Active Member

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    Yea at the time, I would agree. We have laws against mixing alcohol and guns. The fact of the matter is the guy has gotten well into his adult years, has kept his nose clean (I.E. hasn't continued to drink alcohol) goes to AA meetings and is trying to move on with his life but the system still has him by the balls. A lifetime ban over something he did in his youth, seems excessive.

    Usually when people are drunk, they don't make the proper decision at the current given time, hence why alcohol laws are little bit poorly aimed since usually the person's judgement is affected anyways during the time they decide to commit the crime. The person can be a great person sober, but that all changes during the period of time they are under the influence of alcohol.

    Then there are blackout periods of intoxication, where you drink so much, you wake up and have no idea what happened the other night other than from what people told you. Really I'd like to find out some way so he could have his past mistakes not affect him for the rest of his life, he is also really into politics and would love to have his voting rights back.
     
  10. PX4WA

    PX4WA Tacoma, WA Active Member

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    Are we talking alcohol or drugs?

    Either way, he has exercised poor judgement and clean and sober as he may be, he has a felony record...

    Nobody can predict if he will ever reoffend... Maybe never, but he certainly is high risk...

    And you dont really know him inside out, you lost touch for a while, theres a lot people dont tell even their close friends, less so facebook friends...

    You do know in those 3 dwi's he could have killed somebody...

    Sorry to be harsh, but i have no sympathy for drunk drivers...they are just as dangerous as the rest of them...
     
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  11. JimmyS1985

    JimmyS1985 St.Louis Active Member

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    Im against all forms of bubblegumty driving, not just drunk driving. I don't think we should single them out anymore than any other form of bubblegumty driving. If we had it my way, there'd be a lot more than just drunk drivers in jail and with felonies on their record.

    Really I think running red lights, street racing, driving while tired, putting make up on while driving, eating and driving, taking prescription drugs that affect your ability to drive and texting and driving should all have a penalty similar to our DWI laws. Currently our laws mandate less punishment if the driver is sober and does some incredibly irresponsible act behind the wheel, which doesn't make sense since the result or potential result is the exact same.
     
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  12. spider

    spider Hillsboro Well-Known Member

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    Tell him to move to montana, they'll sell him a gun there.
     
  13. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    I disagree because like some other poster has mentioned in another thread that made me think about it & I actually have changed my mind about DUI's is they are pre-crimes, when no one is harmed in any way except the 'drunk driver' by the police officer, judge & or jury. I honestly would not hate someone that was sober & killed someone i love any less or more than someone that was drunk. I would want whatever i would want for both of them, it makes absolutely no difference to me if its an accident, an addiction or on purpose. Thats why laws are about revenue & they use peoples emotions to create more laws (assault weapons ban) & take away existing freedoms, even though the exact same result could of happened to all those kids and teachers at sandy hook if they were on a bus for a field trip & a sober trucker blows the left front wheel, carreening head on into the bus killing everyone on it.
     
  14. taylor

    taylor Willamette Valley Well-Known Member

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    The law here in Oregon is strange, you can be a non-violent felon and own firearms but not sell or buy them. I think it means if you have a firearm its cool but it would be illegal to sell or buy more.
    I would check into your exact firearm laws and go from there.
     
  15. taylor

    taylor Willamette Valley Well-Known Member

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    ??
     
  16. JimmyS1985

    JimmyS1985 St.Louis Active Member

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    Thats how I feel about DWI laws. They are a pre-crime if in fact $0 damage is done to society at the time of the pullover. Now there are blackout drunks who get behind the wheel of a car, wreck into multiple cars during their drive yet they are just as reckless as someone who hasn't slept for 36 hours and gotten behind the wheel of a car. The difference is someone sober who hasn't slept in 36 hours would get 2 years manslaughter for killing someone and someone who was drunk would get atleast 7-10 years in prison and probably as much as 25 to life. Currently the laws mandate less punishment if the driver is sober.

    Also MADD successfully got Clinton to sign off on a bill that lowered the BAC for DWI from .1 to .08. That means that there are much more drunk drivers on the road than before, even though there is probably the exact same amount of people who have alcohol in their system prior to driving. There is empirical evidence that your driving is much worse if you blow .16 than you do .08 yet the punishment for both levels of alcohol are the same. MADD wants to get it down to .01 so virtually anyone who has had a night of drinking and even wakes up the next morning, can qualify for the punishment of DWI. Its a really hard topic to discuss because people in America are very emotional about it, but the way I see it, don't single out just drunk drivers, make the punishment the same for ALL bad drivers, so there is no double standard in how we treat poor driving.

    I think there should be a pre-requisite for bad driving that requires an arrest, not just alcohol being involved at the time of the pullover because the driver didn't use his turn signal. Current laws, alcohol is the only factor that turns a bad driving situation into one that requires an arrest even if the reason for the pull over could be something as simple as a headlight that has gone out.

    Were they careless and imprudent? I've gotten a C&I before, I was completely deserving of it and looking back if it were up to me to set the laws I should of been arrested. Problem was, I wasn't drunk so the officer couldn't make an arrest. To me there is something wrong with our laws if a sober driver who makes a really bad mistake is allowed to go home with a minor ticket (atleast compared to a DWI) but someone who blows .08 and didn't use their turn signal or didn't stop at a stop sign long enough has to be hauled off to jail.

    But as I said in a different thread, we need to stop pretending we live in a fair country because we don't.
     
  17. JGRuby

    JGRuby Portland Oregon New Member

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    So someone acting irrepsonsible with a deadly weapon is ok as long as they dont kill someone? Willful ignorance and lack of concern for anyone else's rights or safety are ok in your opinion. Going out getting blitzed and injuring, maiming and killing someone else is not something a person should have to worry about. I 100% disagree.

    James Ruby
     
  18. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    I didn't say that, because i think injuring, maiming is just as bad as killing someone, many times it might feel as bad at the time for the survivor. What i did say is, if nobody got hurt or killed (harmed) then nobody got hurt or killed. I don't pretend that life is supposed to be without risk especially when you have a government willing to tell everyone what risks they can & can not take. If you wanted to do something to someone on a personal level because you don't like what someone did or said, well be my guest. But i'm not gonna go after anyone for what could have happened or should have happened but didn't happen.

    Laws based on Pre-Crime make the Government look like the Conspiracy Theorists.
     
  19. PMKN_PI

    PMKN_PI Milwaukie, Oregon, United States Active Member

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    Isnt it great the the system is set up that you can only get justice and have rights restored if you have ca$h?
     
  20. Kelzebubba

    Kelzebubba Fort Worth, TX/USA Public Outhouse Active Member

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    Adam Lanza and James Holmes had no criminal history at all before they decided to go kill a bunch of people. I am sorry but your friend made some bad decisions in his youth that he will have to pay for, for the rest of his life. What you are saying is almost like stating if a pedophile doesn't piddle a kid (or at least get caught) piddling a kid for a number of years, they should be off the list. He had to do it three times for it to become a felony, should have learned after the first.

    Separate yourself with him being your "friend". If this was a stranger would you even give two ****s less about it?
     
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