Happiness Is A Warm Gun
Member
OK--since it looks like the primary bone of contention among us is the "violent felons should have guns/violent felons should not have guns" issue, I have a realistic question for the "no restrictions ever" crowd:
That is the million dollar (billion dollar?) question.
If felons are to get 100% gun rights the second they come out of the door then prison sentences should be substantially longer (maybe as much as 5x longer) to account for the felons who (at an alarmingly high rate) do re-offend.
The problem is that will not stand up to constitutional scrutiny. Trying to give someone 50 to life for 1st time armed robbery likely will result in an appeal all the way to SCOTUS who will rule "it is cruel and unusual punishment".
While 70%+ of violent felons do re-offend that means 30% don't and they are paying an "unusal" price for other peoples crimes.
I think a good compramise is reasonable sentence and long probation.
Right now 5yrs + never have firearm. Usually for most within 6 months they re-offend (a lot w/ firearm).
I would change that to 15 year sentence w/ 10 on those years suspended as probation. Same amount of time BUT since felon is in probation their movements, actions, rights can be controlled. They are simply serving part of their sentence at home, in halfway house, under supervision instead of being in prison.
Do to the combination of:
Cruel & Unusual Punishment = unconstitutional.
Prohibiting a Citizen from having firearm = unconstitutional.
IMHO this is the only measure that is constitutional.
Criminals on probation CAN constitutionally have their rights infringed. Why? They are still inmates, they just happen to not be in jail. Their sentence was 15 years. Until they serve every day (either in jail or on probation) they haven't "paid their debt to society". It is a privilege to be at home and not in jail for last 10 years on a 15/10 suspended sentence. If they don't like the restricts they are free to return to prison for the remaining 10 years and when they serve the full 15 have all their rights back.
The probation/parole system should get MUCH more funding.
Substantial drug checks = their is high correlation between drug absue & violent crime.
Anger management
Job Counseling /assistance = there is a high correlation between lack of gainful employment & violent crime.
If at anytime the inmates doesn't want to put up with the restrictions on his/her movement, behavior, rights they are free to return to prison. Once their time is served (either all 15 in prison, or 5 in prison + 10 parole) they have all their rights returned.
In someone hasn't offended again in 10 years, now has good job, no substance abuse problems, owns property, is financial secure then likely they are the 30% that won't offend. I have no problem with them owning a firearm.