Second-Amendment Restoration Act Re-Introduced

May 04, 2009

By Dave Hurteau

From the office of U.S. Congressman Bart Stupak:

U.S. Congressman Bart Stupak (D-Menominee) has introduced legislation to restore the gun rights of individuals convicted of minor, non-violent crimes. . . .

“To be absolutely clear, the NRA believes it is both constitutional and appropriate to disarm convicted felons,” NRA Director of Federal Affairs Chuck Cunningham wrote in a letter of support for the bill. “However, we also believe that no person should lose the right to arms due to convictions for minor, non-violent crimes, especially those that occurred many years in the past.”

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from dighunter wrote 3 years 3 weeks ago

Finally, a Democrat willing to give some freedom back rather than take more of it away. I think it is a step in the right direction for restoring the true meaning of the second amendment in our country, but how about working on giving freedom to those of us who are not convicted of a crime?

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from ken.mcloud wrote 3 years 3 weeks ago

great idea, but it has zero chance of passing.

I can see the headlies (oops, I mean headlines) now:
"NRA-Backed bill seeks to give guns to criminals"

Regardless of the facts, a headline like that will instantly get 80% of the public and 90% of politicians opposed to the bill.

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from Mike Diehl wrote 3 years 2 weeks ago

A bad idea. More of the soft-on-crime baloney that would define "nonviolent" crime as "victimless" crime. The particular case seems like he deserves his rights restored, but we already have a process for that. I oppose any blanket conjecture that someone who "only" commits robbery, B&E, grand theft auto, etc, is presumedly automatically an upstdanding citizen.

Screw 'em; don't do the crime if you can't live with the consequences.

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from ken.mcloud wrote 3 years 2 weeks ago

Mike-
Are you sure that robbery, B&E, and grand theft auto, would all be considered "minor, non-violent crime"?

I certainly wouldn't define them as either minor or non-violent. However, this highlights the need to have clear definitions and standards in any such legislation.

But like I said before, Its a futile debate since it has zero chance of passing.

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from Mike Diehl wrote 3 years 2 weeks ago

My idea of a minor crime has the following characteristics:

1. It was unintentional.
2. No one was hurt.
3. Nothing was stolen.
4. The perpetrator admitted responsibility.
5. The perpetrator compensated any owner of damaged property.
6. The perpetrator did not provide a false identity.

Otherwise, to heck with them. We already have a process for restoring rights to people who've been convicted of felonies. Frankly, I don't think there ARE any felonies worthy of the description "minor crime." I think it's more accurate to presume any felon will likely commit another felony. Therefore, no blanket law automatically restoring full rights would be appropriate.

If someone screwed up once and then walked a virtuous path for decades thereafter, there exists already a process whereby they may petition to have their rights restored. If they can't withstand the scrutiny of that process, they shouldn't be near a firearm.

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from steve182 wrote 3 years 2 weeks ago

I agree with the statement above that this'll never pass. I also fear that if it does it will legally put guns in the hands of SOME who shouldn't have access to them. Maybe some crimes that are currently felonies should be reclassified, so people convicted of these crimes can still legally hunt and own guns. Or perhaps these felons should be able to petition a court to reinstate their right to guns, on a case by case basis. Don't know how practical that is either.

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from Clay Cooper wrote 3 years 2 weeks ago

Huntsville Man Suspected Of Killing Wife

By Charles Huggins
THE MORNING NEWS
HUNTSVILLE -- A man remains in jail Friday after he called 911 on Thanksgiving to say he shot his wife, who died hours later, according to the Madison County Sheriff's Office.

Kenneth Hissom, 43, was arrested in connection with the killing almost two hours after officers arrived at 845 Edgewood Place, Lot 1, behind Brashears Funeral Home off North Gaskill Street.

CHARLES HUGGINS THE MORNING NEWS A dog sits on a lawn chair Friday outside a mobile home at 845 Edgewood Place in Huntsville where Kenneth Hissom, 43, was arrested Thanksgiving night for allegedly shooting his wife, Carla Hissom, 34, in the face with a shotgun.

His wife, Carla Hissom, 34, was pronounced dead shortly after 4 a.m. Friday, according to a sheriff's office news release.

Authorities believe alcohol played a role in the shooting after Hissom called police at 6:41 p.m. to say he shot his wife in the face at their mobile home and would do the same to any officer who responded.

Huntsville police arrived at the home at 6:47 p.m. and Hissom refused to come out without his gun. The standoff lasted until 8:22 p.m. when police coaxed him out of the mobile home without incident, according to a sheriff's office news release.

Hissom later told police his wife had been nagging him all day, said John Threet, prosecuting attorney for Washington County.

"Between now and the arraignment date, we'll look at the reports and decide what to formally charge (Hissom) with," Threet said.

Arkansas State Police are aiding in the investigation and searched Hissom's home early Friday morning, where several other guns were found. There may be additional charges stemming from the standoff, Threet said.

Hissom was in the Madison County Jail on Friday awaiting a bond hearing, which likely will be Monday, said Pam Montoya with the sheriff's office.

Carla Hissom's body will be sent to the state's medical examiner office for autopsy, Threet said.

=======================================================
Hissom Pleads Not Guilty To Murder Charge

By THE MORNING NEWS
FAYETTEVILLE -- A Huntsville man accused of killing his wife on Thanksgiving Day pleaded not guilty Tuesday in Circuit Court to a charge of first-degree murder.

Kenneth Hissom, 43, shot Carla Hissom, 34, twice with a .410 shotgun, according to Huntsville police. Carla Hissom was hit in the face and shoulder and died several hours later.

Kenneth Hissom was arrested a couple of hours later after a standoff with police.

Hissom had a history of domestic violence, according to police. He called police after shooting his wife and threatened to shoot any officer who responded to the mobile home. Police were later able to coax Hissom out of the home and arrest him without incident.

Police said they believe alcohol was a factor in the shooting.

Circuit Judge William Storey gave Hissom a June 16 trial date. Bond is $500,000. Hissom is being held at the Madison County Jail.

If convicted, Hissom faces 10 to 40 years or life in prison.

====================================================

THE LAW DID DO A DAMN BIT OF GOOD FOR THIS LADY!!!

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from Clay Cooper wrote 3 years 2 weeks ago

SOME LAW! DIDN'T DO ANYTHING FOR HER! Only if soemone else could of had the ways and means to stop this! But its against the law to carry unless you have a Concelled Weopons Permit!

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from Clay Cooper wrote 3 years 2 weeks ago

ONCE AGAIN , WHAT GOVERNMENT INTITY IS RESPONSIBLE FORE YOUR PERSONAL PROTECTION!

THIS ACT IS GOOD, BUT ITS TO LITTLE TO LATE IN EVERY CASE!

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from Clay Cooper wrote 3 years 2 weeks ago

Our Government ineffectively disarms the Criminals and overwhelmingly criminalizes and jails the Honest Good Citizen that arms to defend themselves from the criminals!!!

911 What’s your emergency, where 60 seconds out!
Caller: it’s happening now and he has a knife, BOOM!

I find it interesting, you never hear about the stabbings!

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from Jim in Mo wrote 3 years 2 weeks ago

Coop,
Yea there may have been alcohol involved but the man's wife had been nagging at him ALL, Damn, Day. Wouldn't you seek relief? Maybe that's why I'm divorced and forever happily single. LOL

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from HogBlog wrote 3 years 2 weeks ago

I've said this before, and I know a lot of folks may resist the idea...

But in my experience, the only difference between some convicted felons and many law-abiding citizens is that the felons got caught. This is particularly true for drug and alcohol-related crimes, but it covers a lot of other stuff too. Many of these folks are no different than you and I, and given a little better timing or location during their foolish youths, they would have outgrown those behaviors just as most of us have done.

I don't disagree that many felons will never learn, and that's evidenced by the recidivism rates. There are some bad people in prison, and truly bad people should stay there. They shouldn't be back on the street begging to have their rights restored in the first place.

I also agree that if the restoration process is the proper place to get lost rights restored. Each case should be judged on its own merits. If you've squared yourself away, recognized and remedied your mistakes, then you deserve a fresh start... and the right to defend yourself, your family, and your home.

But that only works if the process is equal and available for all citizens. It is not. Some states, like FL don't offer any option at all, and others, like CA, won't fund the personnel to hear restoration requests.

I don't know if Stupak's approach is the right one, but I do believe there should be a fair and equal way for reformed felons to regain their 2nd Amendment rights.

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from jbird wrote 3 years 2 weeks ago

I think it's a good bill. Hope it passes. There's millions of gun-owners out there right now who'd be "convicts" or "ex-convicts" if they couldn't afford a good lawyer. Maybe not you, but someone you know I guarantee. Violent offenders or repeat offenders shouldn't apply, but most others should at least have their case for restoration heard.

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from FloridaHunter1226 wrote 3 years 2 weeks ago

The question is, what do they consider minor, non-violent crimes? I am all for giving back gun rights to a guy who had a speeding ticket or maybe had a driving without a license or something but not to those who have been convicted of beatings and crimes like that... I also say there be a 20 year time limit that they do not commit another crime, then they can have their gun rights back. Like I said before, the only problem with this is if these criminals commit a violent crime and then all the "anti's" have more arguements against gun owners.

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from Dan the Man wrote 3 years 2 weeks ago

This is a good bill. I agree that convicted felons shouldn't own guns, but those who commit minor offenses are not as likely to be a danger to society, so they should have their right to bear arms.

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from Free Man wrote 3 years 2 weeks ago

No free man shall ever be debarred the use of arms. Thomas Jefferson, Proposed Virginia Constitution (1776).

If a man has served his time and is returned to society he should regain full citizenship. To regulate arms in this manner only fuels a black market demand for stolen guns and organized crime. This in turn heats up the demand for more government control of firearms and every part of society.

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from ExNuke wrote 3 years 2 weeks ago

New York City, possesion of a handgun without paying the bribe, a felony. Even if it was not used or threatened to be used.
Washington DC possesion of a handgun without being politically connected or jumping through hoops and paying excessive "fees", a felony.
Chicago Ill, failure to reregister and beg permission to own personal property you have had for years, a felony unless you happen to be on the city council.
There are hundreds of felonies that have NOTHING to do with violence that will remove your right to own a gun. The government has nothing to hold over the head of an honest man so they have to make plenty of felons.

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from peter wrote 3 years 2 weeks ago

good. at least there is one guy in congress who isnt an idiot

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from NHMoldPro wrote 2 years 8 weeks ago

That is awesome to hear cuz I had a rough childhood and teen yrs through early 20's and I have never committed a single act of violence towards anyone, but since everything is a felony these days, I can't own a firearm other than black powder. Which logically, lets think about that, I can ghave a 50cal that will blow someone apart or a 9mm, 22, etc that will stop them...and people who do bad things will kill someone whether gun laws exist or not, all restricting felons does is further the liberals attempt to remove all guns. What better way then make everything a felony and restrict guns to felons and then give the cops monthly quotas...definitely in the peoples best interest? (being sarchastic)
Yet I got my life together, started a business that makes 6 figures a year but I can't have a gun to protect myself even though I live in an area with a high home invaision rate...fair, huh? Glad someone is actually standing up for peoples rights. Realistically everyone should be able to have a gun, just make the sentences severe for felons who commit acts of violence with a firearm...

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from NHMoldPro wrote 2 years 8 weeks ago

Florida, if there is a 20 yr limit what is the point? I wont want to shoot when elderly....it should be 5 yrs and traffick offenses shouldn't count.

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