When the bundy yahoos are convicted on federal charges, do they lose the right to bear arms?

[peacebird]

I am assuming that there will be additional charges added to the initial one, hopefully including armed intimidation. But what is the law about who loses right to have guns?

[treestar]

1. Probably

Depending on statutes, but often that is part of a sentence.

[peacebird]

2. Thanks! I was hoping they would.

[longship]

3. Convicted felon in possession of a fire arm sends one back to prison.

That is fairly universal. Thankfully!

[peacebird]

6. Good, though I hope their prison sentences are much much longer than that

[hollowdweller]

26. My old neighbor was beating his wife

She called the cops saying he had a gun after her.

He had done time for attempted murder before (but for throat cutting not shooting), so the cops came out and shook down his house for guns.

They couldn't find any but they did find a meth lab so back to prison.

His wife later od'd.

So yeah they take it seriously.

[draa]

30. Damn, that was a twist.

Not surprising but certainly unexpected.

[PoliticAverse]

4. A person convicted of a crime punishable by imprisonment exceeding one year

may not possess firearms.

http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf

[peacebird]

5. Thanks!

[KamaAina]

24. Wait a minute. You mean the Second Amendment is not universal?!

This will come as news to many, here at DU and elsewhere.

[hollowdweller]

27. GOP will pass a "guns in jail" law soon.

[NutmegYankee]

36. You can lose your right to vote and others for the same reason.

In a few states, it's a lifetime ban. All allowed because of the fifth and 14th Amendments - a criminal trial is due process.

5th Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14th Amendment, section 1:

...nor shall any State deprive any person of life, liberty, or property, without due process of law...

[KamaAina]

38. Whenever any restriction on gunz is mentioned, our resident ammosexuals cry "Second Amendment!"

[NutmegYankee]

39. It's a limitation on the power of government over people, just like the rest of the BOR.

Sometimes they are abused, like the 4th Amendment, to near ridiculous levels. For instance, the general warrants the British customs agents used to conduct searches wherever they pleased still were only allowed during the day time and they still had to knock. Compare that to the typical SWAT drug raid.

[CanonRay]

7. Yes, if they are convicted of a felony.

If they plea to a misdemeanor, probably not, unless it is a condition of probation.

[KittyWampus]

8. Wonder if in some states Federal convictions mean loss of voting rights too.

[2naSalit]

12. Used to be some

I think it used to be so in NH but that may have changed since the you-know-who has probably lobbied long and hard for the guns part, and the Rs seem to like being able to use it as an excuse for their voter roll "purges". It may also be an upcoming case for SCOTUS, I'd have to look at the docket but I thought I heard something about either a Congressional Bill or a SCOTUS case about doing away with the loss of voting rights.

[Iggo]

9. If they are convicted of felonies, then yes.

Which is why these types usually cop to a misdemeanor before trial.

But people are dying now. That may not be an option anymore.

[flamingdem]

10. Maybe they'll be allowed these as a pacifier

[csziggy]

20. Or they can use some of those dildos they got instead n/t

[Katashi_itto]

11. I think that will be the least of their problems. Consider how many charges can be levied against

them just getting out of prison in this lifetime will be their major concern.

[peacebird]

13. One hopes that is the case...

[nadinbrzezinski]

14. Yes, which is ironic

good guys with a gun are about to become ineligible to own guns, (after they are convicted of course)

[peacebird]

15. I guess trying to start an armed insurrection makes it hard to be the good guy w the gun anymore?

[nadinbrzezinski]

16. Pretty much

[Wounded Bear]

44. Well, to sane people, maybe...

To many folks, blue tarp guy is a martyr and the rest of those yahoos are heroes.

[madinmaryland]

35. Uhmm, they were good guys with guns until they became bad guys with guns.

It's so confusing how good guys can become bad guys in just an instant!!

[Major Nikon]

40. You just don't get it

The only law enforcement authority the Constitution recognizes is the county sheriff.

[nadinbrzezinski]

43. I do. I do, and the streams are getting down right hilarious

[Wounded Bear]

45. Apparently that is except for the local County Sheriff in Burns, OR...

who has been begging them to cease and desist. You always have to have a caveat with these types.....because they always subliminally add "that we recognize" to just about anything they say.

[former9thward]

17. Not really.

First you are assuming they will be convicted of a felony. Big assumption. But even if they are it is easy to transfer your guns to a wife or someone else in the household. That is legal. When G. Gordon Liddy was convicted of Watergate related felonies he bragged about his wife's large gun collection.

[peacebird]

18. Then I will hope they are in jail so long they are too feeble to lift them when they get out

[former9thward]

19. Not likely.

Federal judges have sentencing guidelines which they can't deviate too far from. If they have no criminal record they will not get a long sentence based on the charges filed.

[yellowcanine]

21. No they will still be able to wear short sleeved shirts. Striped ones.

[linuxman]

22. Yes. All felons lose their right to bear arms.

[dmr]

23. The NRA will get right on that.

They're patriots after all.

[linuxman]

25. Honestly, I sort of wish they would.

For non-violent felons anyway. I have yet to hear a justification for why someone without a violent past should lose a constitutional right after having served their time. There isn't one.

Most people will oppose it on principle, because gunz.

[hollowdweller]

28. You can appeal and get both your right to own guns and vote back.

However if you actually threatened people with violence the judge is probably not going to go your way. A drug offender or something that owned a gun but wasn't using it yes.

[linuxman]

31. I know, but a person who has done their time shouldn't have to labor to regain their rights.

That's what I'm saying.

[zipplewrath]

32. Sex offenders

Sex offenders everywhere agree with you.

But in a larger sense I do tend to agree with you. If you didn't commit a violent felony, you should get it back. Ditto with voting rights. It should become "automatic" once your sentence is complete (including probation). I might also make an exception for those who are on parole for "life" sentences. Truth is, there should be some limit on even having to acknowledge your past conviction, albeit probably on the order of 20 years or so.

[linuxman]

33. Last I checked, sex offences are mostly violent.

But I appreciate you trying to conflate my point of view with sex offenders.

[Major Nikon]

37. Not true

[NutmegYankee]

42. Not all.

If a Governor issues a Pardon or restores the rights to a person convicted of a felony (state crime), they can again own them. At the federal level it requires a Presidential Pardon.

[phantom power]

29. I believe armed intimidation is already part of the charges.

[Kaleva]

34. I think they can still keep their dildos

[Major Nikon]

41. If not they can always borrow one from O'Reilly