Gun Rights Restoration for Some Felons

For many, a felony should not result in the loss of gun rights.

3/11/20262 min read

The Trump administration restored the gun rights to 22 people who were denied them due to felonies, indictments or other convictions. To some, this may initially sound like the wrong thing to do. However, none of the 22 were convicted of a felony involving violence.

In one notable case, the Justice Department restored the rights of Jake Hoffman, an Arizona state senator who was charged in the state’s “fake elector scheme” in 2020. Trump had already pardoned Hoffman for any federal charges, but since he's facing a state indictment in Arizona, he's federally prohibited from buying new firearms. Yes, that sounds like political favoritism, but in this case, it was the right thing to do. Felony rules in this country need to be revisited. There are too many unfair limitations. South Dakota just made it a felony, rather than a misdemeanor, to interrupt religious services. Disrupting church, while extremely rude, should not deny someone their right to self-defense.

Federal law generally prohibits felons from possessing guns. It can also block gun sales to those convicted of misdemeanor domestic violence, which brings up the question: What exactly defines misdemeanor domestic violence? A slap? A punch? A series of punches? I certainly don’t condone initiating any violence, but most people who might punch another person, spur of the moment, would completely draw the line long before gun violence.

A lifelong ban is intolerable for a non-violent felony, and even for low levels of violence. People make mistakes. A slap or a fist fight should not result in a lifelong ban. Murder should… as should beating someone to the point of near death or necessary in-patient hospitalization.

Naturally, there are opponents. “Who are these people, and why are their rights to purchase deadly weapons being restored? The Trump administration once again believes itself above the law and is sloppily restoring gun rights to people without finishing the rule making process,” said Kris Brown, president of Brady, a gun control group.

These are who these people are. A Philadelphia man convicted of bribery in 2005. A Florida man convicted of narcotic possession in 2001. Another Pennsylvania man who was convicted of tax fraud in 2013. These are people who have committed not a single violent act… against anyone. Gun-rights never should have been denied to them.

Kris Brown is an obvious anti-gun zealot. There’s a thing called the Constitution. It guarantees us the right to bear arms and not be subject to cruel and unusual punishment. Taking away gun rights from someone never convicted of a violent crime is not proper punishment; it’s rights-abusing punishment. It's no different than denying someone the right to free speech, which Kris Brown relies on.

The department said it needs a more robust system after the Supreme Court’s 2022 Bruen decision. That decision led to more challenges to laws that prohibit felons from owning guns. That case ruled the Second Amendment protects an individual's right to carry a loaded handgun in public, addressed laws prohibiting certain firearms, bans for individuals, and gun restrictions in sensitive locations.

It’s simple. No violence… no ban!

Source used: John Heasly