Non-Violent Felons Possessing Firearms? - Gun Law Update (USA v DUARTE)
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- Опубликовано: 8 сен 2024
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This video is for educational purposes.
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#USCCA #ConcealedCarry
As a non violent felon. This is a landmark case. I have 3 kids and deserve the right to protect my family with a firearm in my home. It's absolutely ridiculous these draconian laws still exist
Facts. The courts want you to rehabilitate your life, but when that happens they won’t give you a fresh start. I’m in the same boat, I also have 3 girls and a wife. I’m in a house full of women and legally can’t protect them. Guess I’ll have to push my wife out towards the danger of an intruder attempts to harm us. SMH
Unconstitutional "laws" should not be abided, in my humble opinion.
Same here felony was 20 years ago got 4kids family. Why should I not be able to protect them.
Same here been trying get my non violent expunged for years
@tonydavis3119 I got mine expunged in 2012, but my penal code violation is a lifetime ban. Non-violent crime from 2004. I've never had a single violent crime. Absolutely ridiculous. Criminal, in my opinion.
Absolutely no reason a non violent felon should lose their 2A rights.
No one should. If you are locked up, then it is up to the jail to keep guns out your hands (common sense) but if you are free, you are free.
@@rrnonya5472so are you saying that someone who has been habitually in trouble for committing violence against others who keeps getting let out of jail, you think they should be allowed to have easy access to firearms? We all know that a lot of criminals can get their hands on guns either way, but to make it as easy as walking into a local gun shop to buy a gun, I think that's insane. Hypothetically, what if you have children and you find out you happen to have a neighbor with a lengthy criminal history of violence, are you saying you would be cool with them having the ability to just go to a gun shop anytime they want and buy guns that easy? I would certainly hope not.
@@brucecook502Yes
@MadeMan762 your right! if they want to hurt you they can use alternative weapons.
@@brucecook502scotus already stated, and it should be common sense really..non violent can't be banned and violent can be just not for life meaning if someone changes their mindset and manages to remain out of trouble for years upon years they should eventually regain their rights. It's simple but unfortunately the industrial sized infants in politics want to confuse people intentionally convoluting everything because problems keep their machines going. Not solution.
Been barred since 1985 for nonviolent convictions as a teenager. I'm 58 years old now and have been clean for decades so I have served my time.
Were you tried as an adult? If not..there's a chance your ban expired at age 30. It's based upon state laws though. Juvenile convictions aren't actually convictions in the eyes of the federal government. I've researched this indepthly to my best ability lol
100% @@casterakabadman805
You can apply for a restoration of rights. Your case is the exact type that gets restored.
Sir you should talk to an attorney and see what can be done according to your state laws.
@@clutchboi4038 that's an option but it costs thousands of dollars. It isn't right, hopefully the supreme court will decide on this matter soon.. once and for all. Literally.
If you are too much of a danger to be released and treated as a free man after paying for your crime then you shouldn't be released.
Seems pretty simple doesn't it.
Once your released u still have to wait a couple years until u can get it restored by a court
@@dwayneealy7007 Does a court restore my right to religion, how about speech, oh maybe my right to be secure in my person, papers home & effects from unreasonable searches & seizers. No rights are not given or taken.
that's what im saying!
makes no damn sense
@@3D-print--PEWPEW you are right
Anyone who has served their time and been released should have ALL of their rights returned to them. If they are too dangerous to have their 2nd amendment and other rights returned then they shouldn't have been released. Being treated as 3rd class citizens is a recipe for recidivism.
@@m.r.jarrell3725 nor the court wouldn't of restored it
Amen!
Totally agree.
@@dwayneealy7007 Some States have AUTOMATIC restoration of gun rights.
The way they'd do that is to never release anyone. That's not right. Everyone's 2nd amendment rights should be restored automatically after 5 years after the last crime.
Rights don’t come from government. Rights don’t come from words on paper. Rights can not be granted, they can only be protected or violated.
As the philosophical basis of their existence I whole heartedly agree and all rights should be treated as part and parcel of being a human being. In a practical sense what rights do N. Korean citizens actually have, how about Germans or British citizens?
@@kaseyboles30 they all have the same rights as any human on the planet, they are just content to live under governments that violate their rights. Self defense is a natural right. Therefore possession of the tools needed for the best possible defense of oneself or others is also a natural right. Possession of weapons for lawful purposes should never be questioned by anyone. Any weapon that is not inherently dangerous. Things like nuclear or chemical, biological that can kill with no input from a person are the only thing that should be regulated.
Your rights come from God.
@@762cat Which one. There are over 4000 still actively worship. Quite a few one true gods in that mix as well. All with about the same level of evidence for them.
@kaseyboles30 You're acting like a cry, baby Democrat. You know what is meant by what i said either you're a free man or a slave.
If you cant own guns, that means you shouldnt have to pay taxes
Exactly 💯
If a felon can't vote, or own firearms,....why should pay taxes? Less rights,...less taxes?....
I agree
I'm going to tell you I live in nc and I'm a felon me and my wife got pulled over for no reason and when the officer came to the car I let him kno my wife was a registered gun carrier the gun was on her side of the car its her gun and I get charge for it cause it's in my car
@@MikeJackson-kb7hrif your a non violent felon and freed from prison then your right to carry shall not be infringed. Period. Anyone who says different is an enemy of the United States and if they are in a position of authority then they are committing treason and should be held accountable.
No free man shall be denied the use of arms.
Amen.
free men dont ask
No doubt
@@nickcollins5653😮I don't and I won't🔫
I hope this passes. As a non violent felon i need to legally defend myself and my family
Anyone who is pro-2A should be against any felon being banned from guns. The last time I checked, 2A is a right of all citizens and not to be restricted. If you release a person from prison, they will get a gun whether they are allowed to or not, if they intend to use it for illegal purposes. So, why restrict those of us who just want it for self-defense?
Shall not be infringed is pretty straightforward
Democrats always infringe. Cause,...y'know, "Public safety." Same Democrats who have armed guards 24/7.
My husband was arrested by ATF and charged for 922g after a self defense. He want arrested until a year later and his Appeal is in. He is a non violent felon. He was sentenced to 47 months. The state declared it a self defense. Smh. His case: U.S V. Lavanzel 5th circuit
Good luck to you both. Im rooting for yall.
They need to pay up for the time they held him illegally.
Free Him
Nonviolent felons should never have lost them in the first place. It's in the name, NON VIOLENT.
I am non violent felon and beieve I should be allowed to legally bare arms.
Furthermore, Im a homeowner, and believe ALL homeowners should be allowed to keep guns in their home, whether they are a felon or not.... JUST BECAUSE they are a homeowner, in order to protect their property and family.
"Shall not be infringed" means it shall not be infringed!!
You either believe self defense is a natural right or you don’t. It’s that simple
Every law violating the second amendment is not worth the paper it's written on. That's essentially exactly what a judge had ruled. The way our government was set up makes THE PEOPLE the government and those employed by the government " public servants" and this is what will be recognized by the universes court's.
We all want to know how is this going to be nationwide for non violent felons?
It will never be nation wide until the Supreme Court of the United state rules it’s unconstitutional or they actually change the constitution itself to further strengthen gun rights (which will never happen)
I assume It will take years to get to a national law reducing restrictions for non violent offenders, similar to how long it's taking to fully legalize cannabis. As a NV offender, I struggle with anxiety knowing that the actual bad guys still carry guns and offend with them regardless, while I choose to abide my law, I am unable to defend myself and my own at there level. What are we suppose to do? Carry a cocked n locked crossbow in our shorts? I don't think so. Maybe a $1200 air rifle? Now I heard that even those aren't allowed in some areas? I sure hope the restrictions are lifted soon. It causes more harm to good people. Besides allowing too much discretion and FU power to prosecutors, our judicial system is so wack. I feel potential citations and punishments are way too vast for any one act, with the extreme ends usually just not warranted. I get it. Sleeping in a car after drinking shouldn't get u 4 years in jail, but drag racing a car after a drink probably shouldn't either. A more to the point example- If I consume alcohol while in my own home,, and then accidentally discharge my firearm in my home, even causing property damage, the possible charges range from one misdemeanor operating firearm while intoxicated, (no loss of rights) to multiple felonies (major jail time, money and loss of rights and privileges forever). But, if I drive a car (or sleep in a car) and receive an Owi with a prior 3rd being 18 years ago, I'll lose my 2A right along with much more no matter what happened. No sense.
Thank you for reading.
Regardless of how uncomfortable this makes people feel, you have to contend with the fact that prohibition does not work.
I had 2 drug offenses on my record this was able to get them both expunged and now have my rights after 21 years. All who has non violent criminal record please try you will be surprised ✊🏾
What state please
@@MILEHIGHV3T yeah what state
@@JudgeGenna Colorado
@@geo745don Colorado
100% depends on the state, some have zero expungements.
In Texas, after ten years of your discharge date. If you stay out of trouble. You can own any gun and hunt on your property. However, it is a federal crime. This is a Texas Constitutional Right, it doesnt matter the crime.
It’s 5 years in Texas
You can not hunt ect. It's inside your premises after 5 years
The updates are appreciated! Thank you!
Thank you for keeping us up to date on this issue. I lost my 2nd amendment right back in 2008 when I plead guilty to a non violent felony. Unknowingly that day I lost the right to hunt, the right to have a firearm period, even if it were permanently left in my home for self defense. I have no idea other than political jurisprudence/ judges swayed by public opinion how a felony charge could take away a constitutional right! The 2nd amendment in the Bill Of Rights! If logic is sound, and allowed to expand, could I loose my right to FREE SPEECH next??? If we allow convictions to dictate your “worthiness” to a constitutional RIGHT. I fear the future when politicians use Lawfare to silence political opponents & opposition…….Oh wait…..We’re already there!
I have a non violent felony. 1st degree burglary amended non dangerous, non repetitive due to a lack of participation. Thank you Arizona for making life unnecessarily difficult with such a dumb charge!
I want to say thank you very much for your video, You are the first person covering this specific issue that has actually given a direct and clear answer to the the question, can a current felon go out and buy a gun. Every other channel I have watched on this subject, some very popular channels, No one has given a direct answer, they use click bait video titles, and they go through a 10 min. long winded speech about nothing relevant. I also appreciate very much how you also explained what en banc is. You have definitely earned my subscription
So Uscca are you going to defend any non violent felon who attempts to test this once they are arrested.
If a man is free, then he is free, indeed... if not, lock him up.
8TH amendment prohibits cruel and unusual punishment.
The Bill of RIGHTS prohibits the govt from regulating and restricting "the Right of the people", but Tyrants don't care about the Bill of RIGHTS...
This case highlights the ongoing debate about balancing public safety with individual rights.
The Supreme Court has already ruled that interest balancing is not a valid method of determining constitutionality of gun laws.
This needs to go to the supreme court
Thank you sir that one of them emails you're talking about was me I appreciate you from the bottom of my heart man cuz I believe it or not I'm a convicted felon and I've been off paper for a long time almost 8 years now and have been out of prison for 10 years and have been on a good streak my whole time and like I don't think it's right that they could take my gun rights from me being that I am a citizen of this country being that I've been born and raised my whole entire life I pay taxes my whole life
I have had and currently going through the same situations in new york state court and legal system. I do not know what i can do or the options i have to get my freedoms.
Shall not be infringed means shall not be infringed. Are there people who I'd rather not have firearms? Absolutely. But the government having the power to decide those types of things is far more dangerous than a felon with a pew stick
Been 14 years since my felony and out of prison 10 years. Non violent, non drug related, non sexual, non gun related.
Ignition wasn't anymore those then what was it Jay walking
@@thegumugetstuckinbee ?
As far as I'm concerned, a non-violent felon who has done their time and has demonstrated that they are peaceful following their release for at least 2 years, then they should regain their 2a rights.
Please keep us up.to date on this, the information is difficult to find online about where this case is going. We shouldn't have lost our "inalienable rights" when our cases have expired...
Another problem with this permanent disarming of non violent felons, is that it ends up applying to their unconvicted immediate family members as well. A spouse shouldn’t have to choose between being permanently disarmed and having their spouse back.
That isnt how it works. Family members in ghettos same house are allowed to have guns in their home its just the felon isn’t allowed to be in possession of the firearm
Good. The second Amendment doesn't say that you can keep and bear arms unless you're a felon. If you serve your time and pay your debt to society then you should have all rights return. Career felons will get in trouble again
Fallon or no felon... The rights to carry guns shall not be infringed on
It doesn't matter if it's a non or violent crime. Because you have non gun crimes that are violent.
Please keep us updated 🙏
This man is incredible!
Not nearly as big of a problem as denying services to your clients. Ouch.
Very much appreciated. Thank you.
Ive been a felon since i was 17, in 2004. Arson charge. I was railroaded in the court room in a very small county in the middle of Indiana. To this day I am u able to own a firearm. No expungement for a violent felon evidently. Ive been married for 16 years and my wofe and kids are aware of the entie situation. Ive never been arrested since, still using a bow to hint with.
I lost my rights because I was 19 years old, in a park after dark, unknowingly trespassing and got two carrying without a permit and can’t buy a gun for ten years till it’s expunged now
Will this apply to south carolina ?
We have penalties such as house arrest and similar for some crimes. And some sentences involve a period of limited freedom from jail but before the term is served. However this is case by case or crime by crime, not blanket except in cases of felony where all felons are never completely free. IF you want some crimes to carry lifetime penalties that should pass 8th muster. Joy ride and crash a car at 19 definitely warrants some jail time and or other penalty. Does it truly warrant a lifetime removal of a fundamental right? Or is that cruel and unusual punishment? Joy ride at 30 while high as a kite and wind up driving through a crowd and leave 3 paraplegic and 2 with lifetime limps, warrants a much stiffer penalty for sure, but how much? Not saying I have a clear answer to this at all, merely that a blanket penalty across the board smacks of 8th amendment issues and possibly a stretch into due process territory. If it's a crime it's penalties should be stated in the law that makes it such. What's also troubling is the federal law is applied to state crimes, including ones in existence when that law past making it a form of ex post facto. Imagine if you're serving the prescribed six months for some misdemeanor offence. Then 5 months in the jailor comes and tells you the law is changed and now you have to serve another 5 months. I doubt that would go over well. Or better yet imagine it's 1968 and you served two years in prison and got out ten years ago and built yourself a life and became an avid hunter and are raising the default 2 kids and so on and suddenly the police show up and demand all your firearms and arrest you for even owning them because some federal law passed and you either didn't hear of it or thought surly ten years later doesn't apply to me.
Once The Law becomes so complex that only Law School Graduates can understand the Law , only Law School Graduates can be Required to Obey the Law . I have forgotten whom to give credit for that statement , but I do remember reading it some where .
The US constitution is quite clear in regards to arms. Without exception as a right given by God you have the right to bear arms in a well organized mailcia. Until the government becomes God it does not have the athuority to say otherwise. As also stated in the constitution any law or decree not congruent with the constitution is null and void
I don't know about other states, but I live in Washington State and am a felon. I was able to get my gun rights restored years ago and also got a Concealed Pistol License.
Seriously?
@@worldoftunes5553 Oh yeah. As long as it's a non-violent felony and you've been out of trouble for 5-10yrs, they'll restore your gun rights. You can also get your record expunged under certain circumstances.
You need to explain how they define " violent Felons "
A person convicted in a court of law of a violent felony, being one that caused death or great bodily injury.
@@HMonkey1135 totally wrong , this guy was convicted of vandalism, theft can be violent crime ECT... depending how bad the DA wants to screw the person
@@HMonkey1135 totally wrong , this guy was convicted of vandalism, theft can be violent crime ECT... depending how bad the DA wants to screw the person
@@HMonkey1135 totally wrong , this guy was convicted of vandalism, theft can be violent crime ECT... depending how bad the DA wants to screw the person
You're on the internet, look it up...
I’m a violent non felon that carries.
How did u manage to do that ?im a non violent felon as well and here in Florida they make you wait 8 years ..seems unfair to me
@@alansantiago2248u gotta be sld
@@alansantiago2248 I think you read that completely backwards. I’m not a felon. Just extremely violent.
I am a non violent felon in Tulsa Oklahoma can you direct me to where I need to go to have this taken care of because I deserve the right to protect my family
I have one B felony which I did two years in prison for. That was violent, 25 years ago. I have all of my rights back except my right to bare arms. I am never going to stop trying to get my right back. I didn't kill anyone. I pay hella taxes every year. I haven't been in trouble since. Taking a person's right forever seems crazy to me. The "Clean Slate Act" is beginning in November in NY. I am getting my paperwork ready as we speak. I will go before any committee or judge to argue my case.
What about a violent misdemeanor with a 10yr ban but charges have all been expunged from record. Does this case undo that 10yr gun block?
Read the background check.. it says over one year. And more than $5000 in fines. Class 5 felony used to be up to one year and up to $5000 in fines.
sentencing range for more than one year. doesnt say fines lmao
My wife is one, been like over 12 years since it all ended and still in basically no capacity does she have her life back. Never had a violent anything. The stigma and the restrictions placed on non-violent offenders of all levels is so outdated and really messed up, like they don't care that these people need their lives back at a certain point if they're not out there running around continuing to commit felonies.
I got full pardon from my state, I can carry now, I did have to get a ICE # to purchase weapons it was taking like 3 days, now I put that number in BAH its done
Thanks for this video
Shall not be infringed means just that.
If your felony could be A wrong Conviction you can appeal your case because you could have pled guilty to A conviction that's not solid ⚓ enough to be convicted for that crime So i suggest to you that been rushed through court Go read up on your RIGHTS see your RIGHTS VIOLATION Then apeal on your behalf of the Your RIGHTS being overlooked or by Law your crime wasn't A felony Conviction🧐
Back in 1994 I was conflicted of conspiracy and now I can't bear arms
Even to protect my home and family.
From Michigan
Well it does say "Shall not be infrindged" sooo.... I don't have a problem with it long as they behave. Government acts worse with the arms we allow them sooo, not really seeing why they should have a monopoly on deadly arms while others can't legal wise at this point......
I have DUIs 4 times felony Driver license suspension for 10 years it's been 6 and I have not been in trouble with the law since I had my permit since I was 18 am 45 now tell the last DUI never spent one day in prison nor have any violent felony s go after the real criminals man
You know violent felons can also carry a firearm as well it’s called breaking the law
Reuters July 18 saying SC sent it back to lower court and that the 9th circuit voted to rehear which means it will die in the anti gun ninth circuit.
I love this channel learn so much
The 2, A Rights means during incarceration once he is done with incarceration anyone should be able to buy a legal gun period. At least to have one at home. After parole or probation ends.
What about the people who have already been to prison for 922g position of a firearm? If the law is unconstitutional now then it was unconstitutional then. Do these people get paid for wrongful imprisonments ?
Can't vote if you're on probation or parole either. Taxation without representation
You can’t with possession charges either
Thank you for the update. 🤞🏼🙏
Thank you for watching!
@@USCCAOfficial how do I 💯 % get my rights back with an assault and battery. They told me I have to petition the white house. They have NO proof I did anything. All the young lady said was that I hit pushed her down stairs and it wasn't true. I asked why was NO ambulance anything called if it was so. It was basically word vs word but I was told I was guilty
I'm waiting for the bruen law
aka US. Vs Bruen. That's in the federal supreme appellate courts right now !!!! That's gonna be a game changer for sure !!!!
Like George Carlin said, "Rights aren't Rights if they can be taken away. They're privileges." Rights are inalienable Privileges are conditional.
Thank you for the update
Thanks for watching, Timothy!
Please can you keep us all posted on this because with all the chaos going on around this world we all need to bear arm.👊🏾
I’m from Texas and I’m 2010 I received a theft off lad than 25000 . I signed for a deferred adjudication and completed it by 2013. No priors and no new charges since then. Am i eligible to restore my rights?
Markus with a k checking in
I just need to know as a non violent felon,can I posesssss a firearm if I have served out all my time??? I can never get an exact response.
Let this be a lesson for any young person, actions have consequences. The consequences might last a month, a year, or a lifetime.
No government official in the united states of America has any legal lawful constitutional authority or jurisdiction to deprive any American citizen from exercising their constitutionally protected second amendment rights whatsoever anywhere in the united states of America whether they are labeled a felon, mentally ill, or not.
I agree with you. Don’t Try it and see what happens. You will be locked for Felon in possession of a firearm. With a felony conviction you are forever barred from having 2A unless you get it expunged.
@@Creole-Cartel nope use the supremacy clause, article 4 section 2 paragraph 1, second amendment shall not be Infringed clause,10th amendment nor prohibited by it to the states clause,14th amendment section 1 no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states clause combined as well as Title 18 U.S.C. section §241 conspiracy against rights, Title 18 U.S.C. section §242 deprivation of rights under color of law in the court. All American citizens have the constitutionally protected rights to keep and bear arms whether they are labeled a felon, mentally ill or not. As well as exclusionary rule and fruit of the poisonous tree if law enforcement had no legal lawful search warrant.
@@Creole-Cartel article 4 section 2 paragraph 1, second amendment shall not be Infringed clause,10th amendment nor prohibited by it to the states clause,14th amendment section 1 no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states clause prohibits all judges authority and jurisdiction from denying any American citizen from exercising their constitutionally protected second amendment rights whatsoever. All judges in the united states of America are all state officials elected or appointed to a specific state.
How can a court request a review of it's own decision be anywhere near constitutional or just?
What about the Range case? Do you think the wording in the Rahimi case is going to effect the outcome?
No law is going to stop anyone from protecting themselves. Point blank.
My boss had a non violent felony, he got it expunged and now has his ccw.
I’m okay with this bc if someone gets a reckless driving charge it’s a felony. No reason to take someone right to bear arms for something like that.
how would i go about starting the process to purchase a firearm as a felon ?
Crazy i got a felony non violent at 20 yrs old and now i have children and can’t even protect my family and my home! Lost gun rights before i could even hold one lol that’s crazyyy but i can run for President???!
So can i fill out ffl papers now? Just like someone who is not a felon?
Would they have to release all the people in prison for getting caught with a firearm or thave that charge taken off records...I hope so
The bighorn sheep is staring at me. It sees into my soul.
Do you have one to sell??
It's not a bighorn sheep.
@@skyforce1983 No, I don't have a stuffed bighorn sheep.
@@ronalddahl3294 What is it? It does sort of look like a mountain goat with bighorn sheep horns.
I had possession for sales of Marijuana no violent felony when I was 18 im 40 now and cant possess fire arm s#it sucks
Free people deserve their freedom
So, rights given by God are taken by men. Gotcha. The second isnt a right if it can be taken away, period. I'ts a privilege same as a driving liscesnse.
So just curious as a lawyer for the uscca... can you please tell me where in the constitution it says right to bear arms except??? They didn't even mention felons killers ect... if you served you time and debt you got your gin upon leaving the prison.
Or please site the part of the constitution that give the ability to the government to make any limitations or rules to your ability to own a weapon?
Why does one need a license to invoke a right? I dont recall needing a license to invoke any other constitutional right; am i confused about something here?
The corrupt judges have to be removed
THANK YOU
My question is how we change the the judges who are not protecting our rights
All should carry if they have finished their time