Supreme Court Watch, Second Amendment (Again)

[Elderberry]

Texas Scorecard by Kristina West February 11, 2021

West: Supreme Court Watch, Second Amendment (Again)

Should all felons be dispossessed from gun ownership, or just those that are violent and dangerous?

What limits—if any—should the government place on our Second Amendment rights?

Currently, federal law mandates that persons convicted of a crime punishable by imprisonment for more than one year—typically felony offenses—automatically lose their right to own or possess firearms and ammunition. Felony offenses constitute a wide variety of crimes and vary from state to state; in Texas, for example, writing a hot check for more than $2,500.00 can be classified as felony theft.

Restrictions on Second Amendment rights have slowly evolved. In 1938, Congress restricted Second Amendment rights for convictions defined as “crimes of violence” like murder, rape, assault, burglary, and kidnapping. Later, in the 1960s, Congress replaced “crime of violence” with “crime punishable by imprisonment for a term exceeding one year.”

Today, felony convictions trigger the firearm ban regardless of whether the crimes are accompanied by acts of violence.

And while acknowledging that crimes are not victimless, it’s reasonable to recognize that not all felony offenses are necessarily violent or dangerous.

While a violent and dangerous felon might not be the best-suited challenger to the current felony firearm ban, consider a person convicted of tax fraud or writing a hot check. Should all felons be dispossessed from gun ownership, or just those that are violent and dangerous?

More: https://texasscorecard.com/commentary/west-supreme-court-watch-second-amendment-again/