New Push Tries to Confiscate Firearms From Felons, Mentally Ill

The vast majority of people are not going to care about this. Even among gun owners this is seen as reasonable by the majority of them. Which it sort of would be in a normal world where TPTB didn't fabricate seemingly reasonable excuses for oppression so that reasonable people would not oppose them.

Unfortunately, we have a large number of people who would rather appear to be reasonable, rational and normal than they would to be placed on a list of people who must be crazy because they can see through the smokescreen.

Whatever excuse needs to be used to get at the low hanging fruit, it will serve it's purpose in the end and that's all that matters to them. Reducing the number of gun owners. They'll need a new (and better) excuse when they're ready to take another step but they'll find one. They always do.

Since we are on the felons and guns topic.. does anyone know if you can somehow petition a court or something like that to get your gun rights back after a felony conviction? As I mentioned before I am a felon, for simple drug possession nearly 18 years ago now, and I don't believe losing my right to bear arms for life is a proper punishment for my crime. I have been told felonies can't be expunged so you can't do it that way, but is there another way? I live in california if that helps in interpreting the laws, but as I understand its a federal law that takes guns away from felons not the individual state.

reply to post by oldmeatwad


This is already happening in California

reply to post by TheCrimsonGhost


if you have been off paper (off of probation or parole) for five years with no reoffenses you can have your firearms rights reinstated. If you have a serious felony, I recommend getting the governor to pardon the felony.

Once five years have elapsed as explained above, I also recommend having your record expunged (hermetrically sealed) so they then become "like" juvenile records, sealed by a court and forgotten.

reply to post by gariac


well regulated when the constitution was drafted meant "well trained and well disciplined"

It had nothing to do with REGULATIONS, which you are referring to as LAWS.

reply to post by TheCrimsonGhost

I have been told felonies can't be expunged

as i'm to understand it, felony(s) would be correct, however, one felony may be expunged/sealed per lifetime.

can't remember if that is a state or federal statute and i'm not a CA resident, so it would be wise to consult your state statutes and go from there.
www.wikihow.com...

er...is it not wise to not allow convicted felons and the mentally ill from owning a gun? Responsible citizens fine, keep your guns, but surely if a mentally unstable person is in possesion of a firearm, then they are a danger to themselves and others.

reply to post by Shminkee Pinkee

ahem,
so long as the likes of Diane Feinstein can legally carry a firearm, no other should be restricted.
she didn't even handle it properly while addressing the Senate

Originally posted by Shminkee Pinkee
er...is it not wise to not allow convicted felons and the mentally ill from owning a gun? Responsible citizens fine, keep your guns, but surely if a mentally unstable person is in possesion of a firearm, then they are a danger to themselves and others.

So the measuring stick being used is if they are a potential threat..

...they are a danger to themselves and others.

Correct? so anyone deemed a potential threat should lose their firearms by your definition.. after all we just bypass the meaning of the constitution because they are only guidelines with a new procedure

So who gets to chose the potential threats?


Is some one like a neo nazi hate group a threat
is the west bourough baptist church a threat

What about the Klan
What about the New black Panthers

The Tea Party
Occupy members

Democrats
Republicans


Didnt they prove recently that the party faithfuls were brain damaged
So does this mean that all liberals and all conservatives should be stripped of there rights..

Fine by me I have always thought they were all brain damaged going by their candidates histories..

Of note we have now decided to bell the cat.. so who gets stuck with the job

Please note the brain damaged conservatives will be harder to get guns from.. tell the liberals it is for the children to live in a green energy ran world they will hand over kitchen knives too..

So this means if I can label someone mentally defective they lose their rights..
-we can argue over the ins and outs of how we do this - we just pretend.. you know like they did for the food groups for the schools

So does mean the mentally defective also do not get to own property
if it does I know of some houses I will be taking

We wont get in trouble for your idea
-they cant take you to court because they have no standing
-any who try to help them must have been infected with the mental disability.. so they can be stripped of standing as well

I am being serious... after all they are a threat to our children.. They might do something to them.. they are unhealthy

Long live the empire

reply to post by Honor93


If Dianne Feinstein has no felonies or restraining orders, she can own a firearm. CCW is tougher, but she is a target. That is something the nutters don't get.

reply to post by spirited75


About 10 years after the conviction I was in the court paying a traffic ticket ans I asked the clerk about getting it expunged or sealed and she told me that a felony is basically permanent and I couldn't do anything about it. If it's true after 5 years you can then it's been plenty long enough, I'm not gonna be able to figure out what to do by reading the statutes myself, I'm not a lawyer, guess it might be time to consult one on this if you guys think it's possible to have this go away after all this time. Having a felony conviction on my record has been a nightmare, not because of the lack of firearms lol, but because 99% of employers seem to not even give felons a chance, they see the felon box checked yes and in the trashcan you go.

reply to post by TheCrimsonGhost


Obtain a copy of your criminal record. Your criminal record has information, such as your case information and case number, that you will need for your expungement.
Ask for a copy of your criminal record from the criminal defense attorney that assisted you, the superior court in the county in which you were charged, or the Department of Justice.
2Determine if your criminal conviction qualifies for an expungement. The offenses you can't get expunged in California include sex offenses, some alcohol related offenses and some felonies.
Evaluate the type of offense you committed. If you were convicted of a misdemeanor and were never given probation or have completed your probation, you can petition the court for an expungement.Petition the court for expungement of your misdemeanor conviction if you are still on probation only after making a request to terminate your probation early. California requires that you complete your probation or not be on probation prior to making any request for an expungement.Complete the paperwork for an expungement if you had a felony conviction that didn't require probation. You also can request an expungement if your matter was a felony, you've completed the probation, and you weren't sentenced to state prison.Ask the court to terminate your felony probation prior to filing for an expungement. If you have a felony conviction and are still on probation, the court might terminate the probation early.Pay all of your fines, fees and restitution prior to requesting an expungement. The court will not consider your request for a dismissal unless all fines and fees are paid.Consider your current criminal situation. If you are on probation for any other criminal offense or if you have been accused of committing a crime within the last year, you will not be eligible for a dismissal.
3Reduce your felony conviction to a misdemeanor conviction. The judge will consider reducing the felony conviction after you file the proper motion in court.
File a 17(b) motion with the court requesting the reduction from a felony to a misdemeanor conviction. A 17(b) motion refers to the California Code of Criminal Procedure.Wait to file the expungement paperwork until the court grants you the felony conviction reduction. If the judge fails to grant the reduction, you can't file for an expungement.4Complete and file the forms necessary for the expungement. In California the forms are called PC 1203.4 forms. Penal Code 1203.
4 allows for the dismissal of a conviction in California.
Mail or file the completed petition with the court in which the offense occurred. Attached any documentation you want to show to the court. The documents can include proof of program or rehabilitation completion, character reference letters, and community service completion paperwork.Attach a proof of service to the PC 1203.4 petition if you are mailing the completed forms to the court. If you are filing the forms in person, the proof of service isn't necessary. A proof of service is a 2-page legal document that you can get from the court.
5Attend the court hearing. Appear appropriately dressed and on time. Be respectful and speak to the judge in a polite manner.
6Wait for the decision of the court. The judge's decision will be mailed to you. If the expungement is denied, call the court clerk to determine if the denial was due to something that can be fixed. If so, correct the problem and resubmit the paperwork using the same process.

Originally posted by Shminkee Pinkee
er...is it not wise to not allow convicted felons and the mentally ill from owning a gun? Responsible citizens fine, keep your guns, but surely if a mentally unstable person is in possesion of a firearm, then they are a danger to themselves and others.

In theory, "those that are a danger to themselves or others shouldn't own guns" sounds nice. Who will make the definition of 'danger'? Currently, former military members are 'profiled' for lack of a better word. So they come home and are told they must see a psychiatrist to evaluate them for PTSD etc. What if they are fine and don't wish to see a psychiatrist? Do we automatically toss them in the 'dangerous' group? What if they are mildly depressed and the doc give them meds? Where do we draw the line? If someone has ever been on meds ? Currently on meds? What if the doc is over loaded with patients and just give them all meds because he/she is overworked and it's just easier that way. OOOOPS lots of luck if you were misdiagnosed. Too bad, no rights for you even though it was a mistake! Too late, you took the meds.

I uisually stay out of the gun threads,but here I have to state that its propably not a good idea for felons to have access to guns,if they have a history of violent felonies? Mental illness-now There is a slippery slope.Personally I think that is a term that can be used rather loosey-goosey.There are people who think everyone on sites like ATS are mentally ill.The ones who get to decide things for the population,are the ruling regime of the day-and as in my country,in yours-criminals I would'nt trust as far as I canm throw them-corrupt,self-serving,greedy,having the best interests of only themselves at heart,dangerous and arrogant and deceitful,a nest of vipers-and these are the ones who has the power to declare one mentally ill if it serves their purposes.