TOM1960 said:
Unfortunately, this is a trap, because even though a convicted felon can demand his/her FID after 5 years from conviction/end of sentence, they would still be FEDERALLY prohibited from owning a firearm/ammunition. Why this is, who knows?
Contrary to widespread ignorance, convicted felons in many states may possess firearms and ammunition under state and federal law. [For the purpose of this discussion, Im going to ignore the existence of the Second Amendment and the word unalienable in the Declaration of Independence, just as nearly all judges, prosecutors and LEOs do.] If a person commits a state felony, some states have a process for restoring that persons privilege to possess guns (for all practical purposes, the right to keep and bear arms died in America with the 1939
Miller decision; anyone who thinks
Heller changed that hasnt read or fully comprehended Scalias weaselspeak). In South Dakota, the privilege to possess firearms is automatically restored after a sentence is completed in full (this includes any term of parole or probation, not just incarceration). In Alaska, the privilege to possess long guns is restored as soon as a sentence is finished; theres a ten-year waiting period before being allowed to possess handguns (it was a five-year period but an NRA-endorsed/pro-RKBA Republican governor got it increased to ten years).
Different states have varying time periods; some require a person to petition a court for a restoration of civil rights. In the 1998
Caron decision, SCOTUS ruled a states partial restoration of firearms privileges had no effect on federal anti-gun laws; only a full restoration of all firearms privileges will protect a prohibited person from prosecution in a federal court. The last time I checked, Alaska officials were still telling people whod completed their sentence that they could legally possess rifles and shotguns (which they can under Alaska statutes). BATF agents would then arrest and an AUSA prosecute folks who followed the AK Attorney Generals advice for GCA-68 violations in federal court.
If a person is convicted of a federal felony (which most federal offenses are, including the anti-switchblade statute), the only way he or she can legally possess a firearm under GCA-68 is if they receive a virtually-impossible-to-obtain presidential pardon. A federal felon used to be able to apply for an administrative restoration of his gun privileges under 18 U.S.C. § 925(c). In 1992, however, Charles Schumer (D-NY) persuaded Congress to defund the BATF background investigations specified in the statute. The law is still on the books but its effectively dead (much like the Second Amendment).
(jeff) said:
If you are nice, honest, and respectful, police officers will treat you the same way.
Just out of idle curiosity, do you also believe in the Tooth Fairy?
An accurate statement would read, "If you are nice, honest, and respectful, police officers
may treat you the same way." Or they may treat you as they did Lester Siler, Kathryn Johnston, Calvin Roach, Brett Darrow, Donald Scott, Staff Sergeant Mark T. England, John Adams, Xavier Bennett, Ismael Mena, Frances Thompson, Alberto Sepulveda, Alberta Spruill, Ashley Villareal, Kenneth B. Walker, and thousands of other Americans. Nine of the people I cited, including one age eleven and another age eight, were killed by LEOs even though they'd broken no law.
After using perjury to obtain a search warrant, Atlanta police fired 39 rounds at 92 year-old Kathryn Johnston on 21 November 2006, killing her and wounding three fellow cops. They then planted marijuana (which they just happened to have handy) in her residence in an attempt to justify their botched raid. Over time, however, their rehearsed set of lies began to unravel. Despite killing an innocent, elderly woman inside her home and committing perjury and other felonies, these police officers received less actual incarceration for their crimes than many Americans have endured for nonviolent, victimless offenses.
The same was true for the five Tennessee deputy sheriffs who viciously tortured handcuffed Lester Siler in his home on 8 July 2004 for two hours in an attempt to coerce him into signing a form giving them "consent to search" his residence. The
sole reason they were prosecuted is because before the deputies (illegally) ordered his wife to leave the house, she turned on a hidden tape recorder. The audio of the first hour of Mr. Siler's brutal torture and a TBI transcript is readily available to anyone capable of doing a Google search. Over 300 Tennessee LEOs wrote the court urging the judge to impose little or no punishment on fellow LEOs for their heinous misdeeds.
On 17 July 2005, San Clemente businessman Greg W. Hall was involved in a minor traffic accident. Police gave Hall two breathalyzer tests, both of which revealed a blood alcohol level of zero. Despite the results of the tests and Halls cooperation, he was arrested on suspicion of DUI and booked into the Orange County Jail. Even though he was "nice, honest, and respectful," the handcuffed Mr. Hall was attacked and severely beaten by five deputies known within the department as the Psycho Crew. He was dragged down a corridor, his face repeatedly shoved into cell bars and slammed onto the concrete floor, and relentlessly pummeled by fists and jackbooted kicks to his ribs. Hall was left with a concussion, broken ribs, a gash in his leg, an eye contusion, broken veins in his feet, a shattered front tooth, lacerations and bruises over his body, contusions to the knee, neck pain, a fractured right wrist and nerve damage to his left hand according to medical records.
The Orange County Jail has a well-documented history of similar incidents. In December 1999, four deputies attacked a 20 year-old inmate in an isolated corner of the jail and tortured him by crushing his testicles. Prosecutors admitted the torture occurred but since other deputies refused to testify against their brothers of the shield, no criminal charges were filed against them.
