N.C. Supreme Court Says Some Felons Can Own Guns

[was_peacemaker]

Seems like we are the first state and maybe the only state to allow this.


From one of the judges who opposed it.

"“Because the majority has crafted an individualized exception for a sympathetic plaintiff, thereby placing North Carolina in the unique position of being the first jurisdiction, either federal or state, to hold that the inherent police power of the State must yield to a convicted felon’s right to own a firearm, I respectfully dissent.”

http://www.carolinajournal.com/artic...y.html?id=5718

[1 Patriot-of-many]

I have no problem with felons, particularly nonviolent felons regaining all their rights upon serving their sentences. The problem I have is if they can't be trusted, why are they released? We have a major problem with coddling violent animals with jokes of sentences and allowing them to continue to wreak havoc on innocent people continually.

Habitual violent criminal? Execute. Simple.

[old Grump]

Ohio and Arizona are two states where a felons rights can be restored if they jump through all the legal hoops and get a judge to rule in their favor. There may be others but I'm not sure about them.

[LAGC]

Here in Idaho, most non-violent felons get their gun rights automatically restored along with the rest of their civil rights (ability to vote, participate in jury duty, etc.) once they complete their sentence (including any probation/parole).

But even most violent felons (except for murder and manslaughter) can apply to get their gun rights restored after 5 years, so long as a gun wasn't used in the commission of their crime.

[stinker]

Justice Patricia Timmons-Goodson also disagreed from the majority holding and penned a written dissent explaining her opposition to the majority holding.

“Because the majority has crafted an individualized exception for a sympathetic plaintiff, thereby placing North Carolina in the unique position of being the first jurisdiction, either federal or state, to hold that the inherent police power of the State must yield to a convicted felon’s right to own a firearm, I respectfully dissent.”

Timmons-Goodson found that the prohibition on felons owning guns was both reasonable and related to preserving public peace and safety.

She also thought the issue was not one the courts should address.
“Although the majority stands up for Mr. Britt and other convicted felons who will now undoubtedly seek judicial exemption from N.C.G.S. § 14-415.1, this is a policy matter and determination best left to the executive or legislative branches,” she wrote.

So who is she?

She worked as a prosecutor and as a private attorney in Fayetteville until she was named a District Court judge in 1984; Timmons-Goodson was subsequently elected as a Democrat. to four-year terms as a district judge in 1986, 1990, and 1994. In 1997, she was appointed by Gov. Jim Hunt to the North Carolina Court of Appeals. She retired from that court in late 2005.Source

Awwwww...did da wittle judgy wudgy get her feewings hurt when the same method used to trample the civil rights every red blooded patriotic american is used against her causes? Guess you should'nt ignore our cries when we say the gov and in particular the courts have no business whatsoever addressing certain issues. Sooner or later, the power used gets used against you.

I somehow have this feeling she could'nt give a rats ass less about the fact it was a case dealing with a felon and was just upset that a gun control was being overturned.

Guess what, turnabout is fair play bitch.
Your honor,

[mriddick]

Courts over turning laws passed by the legislature is never a good thing IMO.

[was_peacemaker]

Courts over turning laws passed by the legislature is never a good thing IMO.

I know you had some issues here in NC years back...let me tell you that things in many ways have gotten better.

[Shadow Walker]

It appears that felons are voting all across America in every election. Consider the fact that most black males have been sentenced to prison at least one time in their life, and that most blacks vote.

Ergo, felons vote in most elections.

[mriddick]

I know you had some issues here in NC years back...let me tell you that things in many ways have gotten better.

When I was 12 they stuck me in an orphanage, when I was 35 they had me arrested for kidnapping, I ain't going back...

[Richard Simmons]

I have no problem with felons, particularly nonviolent felons regaining all their rights upon serving their sentences. The problem I have is if they can't be trusted, why are they released? We have a major problem with coddling violent animals with jokes of sentences and allowing them to continue to wreak havoc on innocent people continually.

Habitual violent criminal? Execute. Simple.

This is pretty much my take as well. If you fear a free man then do not set him free.

[Focused Gunfire]

If they can not be trusted to vote and such, then why are you letting them out? They served their time for their crime, and paid their price. All rights should be restored.

[mriddick]

What if you have a guy who does petty crimes but won't stop... You can't trust him being out but do you keep him locked up forever for stealing minor things over and over again? And that doesn't touch on who or how decides who can be trusted or not? Isn't what parole boards are for now and they fail all the time. I think the whole "they served their time/restore their rights" spiel is one that sounds good but practically would give us a worse system then we have today.

And lets not forget some crimes just aren't that bad, sometimes they use freedom under limited conditions as part of the correction process, some criminals start off small and work their way into more serious crimes. I would still put more faith in the legislature then the courts for deciding the will of the people.

[was_peacemaker]

When I was 12 they stuck me in an orphanage, when I was 35 they had me arrested for kidnapping, I ain't going back...

I am really sorry about that man.

[Charliebravo]

In Texas you can have your gun rights restored 10 years after release (for full serve) or 10 years after release from community supervision (for probation/parole). This only means that you can't be tried in state court. Your mileage may vary with the Feds though and you're still not going to pass NICS.

[stevelyn]

Alaska allows convicted non-violent felons to possess long guns 10 years after they go off paper, but they'd still get jacked up by the Waffen BATFEces and other sundry fedpukes if they were found in possession on a contact.