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Ohio court: No guns for ANY crime conviction....

Discussion in 'Politics, Elections & Legislation' started by Brian in Oregon, Aug 21, 2011.

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  1. Brian in Oregon

    Brian in Oregon Well-Known Member

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    http://www.theblaze.com/stories/can-a-minor-offense-eliminate-your-right-to-bear-arms/

    Excerpt: <i>"In essence, the Ohio (Appellate) court has said a state legislature can pass a law that makes it a felony to possess a gun if you have been convicted of any crime at all."</i>

    ANY CRIME AT ALL.

    Many of us warned that eventually the precedent set with the Lautenberg Law (total gun ban for life for even a misdemeanor domestic abuse conviction) would come back to haunt us. Well, in Ohio, the chickens have come home to roost. The Appellate Court basically says that if the legislature wishes, your gun rights can be denied for any criminal conviction. If this is not overturned, expect it to spread like wildfire as states and congress trip over themselves to ban gun possession for paltry crimes. For example, making a DUI conviction grounds to deny gun ownership.

    This is going to be a pivotal legal case.
     
  2. g7777777

    g7777777 TS Supporters TS Supporters

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    You just have a biased news report on the case- have you read the case?

    And why would this be pivotal in any way ? It would affect nothing except Ohio at most.

    regards from Iowa

    Gene
     
  3. wayneo

    wayneo Active Member

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    Well..........Stay out of trouble, keep your guns.

    Wayne
     
  4. slowdp

    slowdp TS Member

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    How far could it go? Could a traffic ticket be construed a crime?

    Why would other states and the feds not follow Ohio's lead?
     
  5. trapshootin hippie

    trapshootin hippie Well-Known Member

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    Why should they?
     
  6. davidjayuden

    davidjayuden Well-Known Member

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    The question should be: Why wouldn't they? This would be a precident that we would not want to be set. So whatever designer crime of the time comes up the heinous perps should never own a gun? Hope the Mad Moms don't have a say in this one. Or the Child Support collectors, or the IRS. Behind on your taxes, we'll pull your professional licenses AND your right to own a firearm. That will get you to pay us our money.
    dju
     
  7. Brian in Oregon

    Brian in Oregon Well-Known Member

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    davidjayuden gets it.
     
  8. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    I do not believe DUI conviction is grounds to take away 2nd Amendment rights, but it is NOT is not a paltry crime.

    The Ohio case could set bad precedent because it could get appealed to a Federal Court and thereby establish binding precedent in the Sixth Circuit and far-reaching persuasive precedent.
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Don't forget the Lautenberg Law not only set a precedent for denial of Second Amendment rights for a misdemeanor conviction, but it also applied the loss of Second Amendment rights ex post facto. Meaning the law was applied retroactively.

    As for DUI, in Oregon three DUIs in a ten year period makes the third DUI a felony. That strips Second Amendment rights upon conviction.

    For misdemeanor DUI, Oregon can sentence you up to one year in jail.

    The FBI explains the 4473 entry on misdemeanors this way:

    <i>"A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."</i>

    For now, those with misdemeanor DUI convictions in Oregon squeak by.
     
  10. Don Steele

    Don Steele Well-Known Member

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    " Don't forget the Lautenberg Law not only set a precedent for denial of Second Amendment rights for a misdemeanor conviction, but it also applied the loss of Second Amendment rights ex post facto. Meaning the law was applied retroactively. "

    For those who think only a bank robber or burglar can be affected....and want to stick their heads in the sand with silly "don't do the crime" comments, consider this:
    If you're involved in a protest rally against an oppressive government, you can be cited for misdemeanor "blocking the sidewalk". No biggie right..???
    Until the government applies this ruling to YOUR little 'ole case, and you find yourself in REAL ( felony) trouble unless you immediately rid yourself of all your guns.
    ENJOY....
     
  11. 635 G

    635 G Well-Known Member

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    In a few states excessive speed, if the speed is over 100mph becomes a criminal offense.

    Phil Berkowitz
     
  12. halfmile

    halfmile Well-Known Member

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    Just think if the Grand were still at Vandalia how many shooters would be guilty of a crime under this deal.

    HM
     
  13. grntitan

    grntitan Well-Known Member

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    Not 100% Pro-Gun Ohio. Say it ain't so. Remember Illinois bad hates guns, Ohio good loves guns? At least that's what i was led to believe by some.

    .....................................................................................................................


    I agree this needs to be shot down fast. It will spread like a wildfire from State to State. I do also agree though that you should stay out of trouble and you have no worries.
     
  14. davidjayuden

    davidjayuden Well-Known Member

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    Bushmaster:
    Think DUI couldn't possibly be raised to that level?
    A few years ago loosing your 2nd amendment rights for a misdemeanor was unheard of, then we decided that any conviction of Domestic Abuse rose to the level. So if you argue with your wife and she claims that you pushed her, you can watch all your guns go off down the road in the trunk of some low-level LE bureaucrats car. And you can kiss your spotless 25 year LE career down the drain and go to work at Walmart. And I do not mean to minimize domestic violence OR disparage Walmart jobs...
    Do not take these things lightly, and do not take the opinion that it will never effect me. "First they came for the (insert group here), but I was not one, so I did not care. Then they came for..."
    dju
     
  15. hfrogdogc

    hfrogdogc Member

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    When you read the letter it states they were going to change his charge to a felony. In OHIO a person with a felony can not own a firearm or own a place that serves liquor and a number of things.
     
  16. slic lee

    slic lee Active Member

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    So in essence what is there about no law can be made to change the constitution of the USA.
    You dont have to prove his law is good, he has to prove his law is good before its applied to you.
     
  17. noknock1

    noknock1 Active Member

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    halfmile, I understand what you mean, but IMO at this point there is not enough public outrage because this guy had weed.

    Had it been a speeding ticket over 100 MPH or something else... I think the general public would be angry at some criminal behavior that is "less bad," however most people don't see two steps in front of them and don't realize how this may apply to them in the future...

    Right now this just applies to dopers...

    Who cares about illicit drug users rights to own guns???

    Pretty clever of the anti-gun politicians to sneak this one in...
     
  18. Brian in Oregon

    Brian in Oregon Well-Known Member

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    And don't forget congress already tried to make it ANY assault conviction, but wound up only being able to get the Lautenberg Law through. The ANY assault conviction criteria also included a mere fist fight in the military.
     
  19. hrosik123

    hrosik123 Member

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    Don't start none, won't be none. Period
     
  20. Model Number 12

    Model Number 12 TS Member

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    Here's an idea:

    Before any person may run for any public office, they must show that they are able to meet the qualifications for a firearms permit in their state. They don't have to accept the permit (that's up to them) but they must not have anything in their past that would disqualify them. In other words, any prospective candidate must meet the same threshold as we do.

    I think this idea has merit. It would weed out the assorted lowlifes, liars, hypocrites and self-serving payroll patriots that seem to be in abundance in government now.
     
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