Tuesday, July 29, 2008

Gun rights and felons

Don Kates writes about the effect of the Supreme Court's Heller ruling on felons:
... The high-court opinion vindicated the constitutional right of ordinary, responsible law-abiding adults to have a handgun to protect their families, homes and themselves. It also flatly stated that this right does not apply to criminals.

Federal and state laws against convicted felons having guns are still valid: The Second Amendment protects a right of self-defense for "good" people only.

The fact is, virtually all violent criminals have long criminal records - which disqualify them from owning guns under our laws against felons having guns.

For instance, 90 percent of US adult murderers have adult records (exclusive of their often extensive juvenile records), with an average adult crime career of six or more years, including four major felonies.
...
In sum, the constitutional right to arms simply does not extend to people convicted of serious criminal offenses. By "serious," I refer to the early common law - under which felonies were real wrongs like rape, robbery and murder.

Unfortunately, modern legislatures have added a host of trivial felonies. For instance, in California an 18-year-old girl who has oral sex with her 17-year-old boyfriend has committed a felony. The courts should rule that conviction of such a trivial felony can't deprive such a "felon" of her right to arms.

Article here. As Kates notes, the proliferation of felony-level crimes for a host of non-violent offenses has resulted in a situation that vastly expands the felon-in-possession net. Perhaps one day the Supreme Court will rule that such blanket prohibitions for non-violent conduct exceed the historical scope of such restrictions, and run afoul of the Second Amendment.

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