When I discuss voting rights for people convicted of felonies, I’m often asked whether I’d favor restoring gun rights as well. Hostile talk show hosts sometimes take this tack, perhaps anticipating a knee-jerk liberal response that will lay bare the contradictions in my position. But I always respond that I haven’t done enough research on restoration of firearms privileges to offer any sort of expert opinion on the issue.
Fortunately, others are doing such research. For example, Brandon Stahl of the Star-Tribune examined the 114 people whose gun rights were restored by Minnesota judges over the past 8 years. He found only one new gun crime, a 2011 conviction for carrying-under-the-influence and fifth-degree assault. Of the 114, Mr. Stahl also uncovered 3 new drunk driving cases and a conviction for violating a protective order by sending a hostile text message. I can’t vouch for the rigor or comprehensiveness of the analysis, but it does not appear that judges are routinely giving guns to people at high risk of reoffense. Getting such basic facts is timely and important, as Minnesota State Senator Barb Goodwin of Columbia Heights has introduced a bill that would make it more difficult for former felons to regain gun rights.
Researching Locked Out, I got a glimpse of the issue when I asked Minnesota prisoners about firearms rights. Losing gun rights seemed especially important to the hunters I interviewed, some of whom relied heavily on firearms to put food on the table. Here’s an excerpt from my conversation with Daniel, a young American Indian man from northern Minnesota who was incarcerated for burglary. His story didn’t necessarily change my mind on the issue, but it helped me see the stakes involved.
Daniel: I believe if you’re a violent felon with gun charges or anything else, you should not be allowed to own or use a firearm. But for those of us that aren’t into that kind of thing, I believe you should be allowed to hunt because it is a means to support your family.You know?
CU: Yeah. So loss of that right is especially important to you, the hunt-, or the firearms?
Daniel: Yeah. Because it’s hurting my family. I mean they look at it, “Well, he’s a felon, he doesn’t get to use a gun. The community will be safer.” Yet they don’t look at it like, “Okay. We won’t let him hunt. We’re taking food out of his kids’ mouths.”
CU: Yeah. So when you say that- So you’re someone who would go out and get a deer or get something-
Daniel: I was born and raised like that. And, you know, it’s not the sport of it. I was never raised like that. It’s not a sport to me, it’s a way of life. Means, you know, to feed my kids.
CU: Yeah. Yeah. So you hunt year-round?
Daniel: I can’t hunt. I can’t hunt ‘til I don’t know when I get my rights back….
CU: See ‘cause to me, I think of hunting as like something, you know, one week of deer, and you go and do that. And I don’t think of it in terms of the food. But for you, that’s a big part of it.
Daniel: Right.
CU: And that ha- And since a gun- Let me just make sure I’m tracking. So since a gun had nothing to do with your crime,
Daniel: I should be allowed to own one. ‘Cause you know, even, even if it’s I gotta go in and get a permit once a year, say, to use a firearm, a rifle. Fine. You know, I’ll go in, I’ll pay the extra money for a permit. Plus you know, it’s income the state could be collecting, for whatever.
So hunting and guns were a much bigger deal to Daniel than they were to me — for reasons that had nothing to do with criminal activity. But it isn’t just men. Here’s how Mary, a White woman from greater Minnesota who was incarcerated for a drug-related offense, described the importance of hunting in her family:
I can’t hunt. I can’t carry a firearm. And in my family, I have two young boys so, you know, we take [them] out hunting. My husband and I hunt, I hunt with my father, and so on and so forth. We go deer-hunting every year. Well, now all I can do is walk in the bush. I can’t carry a gun. And it makes it difficult. [We’ve been going] ever since I was twelve years old, and I’m forty. That’s an awful long time.
Diana, another female hunter, offered a similar account.
I love deer hunting. I love goose, I love bear. I’m a country girl- that’s the way I was raised. And I am a member of the NR-, well I was a member of the NRA. My father was, I mean, my brother, the whole bit.
I haven’t done much research on this issue outside Minnesota, but I found that gun rights were also important to former felons in a random sample of Florida clemency applications I examined a decade ago. There, White ex-felons were especially likely to seek restoration of firearms privileges (while African Americans were especially likely to be seeking restoration of voting rights).
Given the potential risk to public safety, I’d likely oppose any sort of blanket restoration of firearms rights — despite the salience of the issue to those I interviewed and the reassuring absence of gun crimes among those who’ve had their rights restored. That said, I’d likely oppose the bill presented by Senator Goodwin, which create further barriers for people like Daniel, Mary, and Diana to regain these rights.
Comments 60
Techni — March 15, 2013
No. We need more gun control, not less
Nathan — March 15, 2013
Actually, we should repeal the 2nd Amendment. It is a dangerous anachronism. Take up arms against a tyrannical government and they will just drone your ass. That day has passed.
joe simmons — March 15, 2013
I was convicted of growing marijuana when I was 24 in WV. I grew up hunting , and have never commited any violent crimes, Yet Im not allowed to hunt, or teach my kids how to hunt.What a perversion of our legal system to make a plant illegal, and use that as an excuse to take your constitutional rights.
Travis Martin — April 5, 2013
most felons still keep guns especially hunters I think it is a stupid and unconstitutional law and that is probably why I am on probation now for being a felon and having a gun in my possession but the law has stolen a few of my guns and had to give the rest to my son until I am done with my probation and they have no right to search my home stupid law if I wanted to kill some one it would be easy to shoot them with an arrow or black powder gun which is still legal or just knock them over the head with a hammer or an axe, most people that cant buy a gun due to those laws are still able to get in possession of a firearm. we need to stop blaming guns on peoples crimes also all the citizens together with all of our little guns couldn't do much against our governments evident tyranny we need some tanks and missiles maybe a few fighter jets which is what the 2nd amendment gives us the right to have and our laws forbid
Should we restore gun rights to felons? — May 20, 2013
[...] under: Criminal Justice and tagged with: Criminal Justice, Guns, Is this water? An noteworthy piece on a study of individuals whose gun rights were restored (spoiler alert: they weren’t really a [...]
bob farrington — June 5, 2013
Tried to get my conviction over turned and was denied. At the age of 17 I was convicted of felony assult, even though no-one was actually assulted.I guess felony assault is " putting someone in the fear of being harmed" Ok it was teenage girlfriend crap to be breif. I was however denied because I was also convicted of a dui at age 22 witch I guess made me ineligible. I'm 41 and a family man......no trouble in almost 20 years I want my hunting rights back. What do I do, at 17 when my court appointed attorney advised me to plead guilty, I sure didn't understand it was a life sentence. Any advice would help. And black powder? I can't get the same answer from any two people , police included.
Joe — October 4, 2013
It has been over 20years since I got in trouble and the company I have been working for 11yrs is now selling guns and now I have to find another job how is that?
Amy — October 9, 2013
I would make an ex-felon wait at least 10 years before restoring gun rights. If you are employed, stable and sane I say ok especially for hunting. However, I'm a little angry right now. I am trying to have three 15 year old misdemeanors expunged from my record and the state won't do it. IF I CAN'T GET MY NAME RESTORED FROM THREE MINOR CRIMES WHY THE HELL SHOULD ANYONE GIVE YOU PEOPLE A GUN! I'VE NEVER SPENT A DAY IN PRISON, NEVER CONVICTED OF A FELONY, HOWEVER, I'VE COMMITTED A LOT OF CRIMES, CRIMINAL ENTERPRISES, ETC. I WAS JUST GOOD AT BEING BAD. NOW THREE SHIT CRIMES HAUNT ME. I HAVE TO ASK FOR CLEMENCY FROM THE GOVERNMENT. SELF-DEFENSE? HOW DID YOU DEFEND YOURSELF IN PRISON? GUNS ARE NOT THE ONLY FOR OF SELF DEFENSE. NOW ALL EX-FELONS ARE HUNTERS. YEA, I'VE MET A FEW "HUNTERS" MYSELF. GET OVER IT. NOBODY "NEEDS" A GUN!
Amy — October 9, 2013
p.s. I got caught shoplifting a pair of stockings and a screwdriver. second time some tapes. caught a dv criminal damage. shit stuff:
My Resume: references
Ran small drug organization Contract Killers
professional booster Burglars
Sold Weed Major Drug wholesalers
forgery Psychopaths
stolen check/credit card organization 1-2 Serial Killers
Food Stamp Fraud Crooked Cops
Selling stolen property Wise guys
Arson
Enemies Alliances
A Lot More powerful than my enemies
How did I deal with them
I plead the 5th
I NEVER NEEDED A GUN FOR SELF-DEFENSE AND I'M STILL HERE, THOUGH RETIRED.
Diagnoses/ Conduct Disorder/Borderline/Sociopath - I shouldn't have a gun
Michael Dingus — November 15, 2013
Where do I go to find out how to finding a low rate lawyer to accept my case on restoreing all my rights??
tom — November 30, 2013
Ok first of all amy you are nuts no you don't need a gun but for those of us that did grow up hunting like my self that do not have violent crimes should be able to get there gun rights back because it is forcing us to break the law to feed our family's. I don't want any one to say but I know as well as u gun owners you have to hunt to feed the family and for the joke of a government taking our guns I live in colorado the sheriff's in Colorado have sent a letter to that moron we have in office if any government agents try to disarm any co citizen they will be arrested on the spot for breaking constitutional law no government can change the constitution so for all you ppl that think guns should be taken away u need to look at Europe they did that and now crimes are up not down so think about it before you think we need to take the guns away thank you for reading
Michael — February 12, 2014
BrownBeard
30y/o
WV
Father
Husband
worked since 11y/o at least one if not two or more (currently)
only two offenses: DUI-21
Possession w/Intent- 27 I did a favor for a so called "friend" and they nabbed me just thinking that because I had a degree and a great job that I would roll over and snitch(wire) on whoever I knew. Instead of playing right away they left me with the night to think. They left my shotgun, deer rifle, .22 rifle, and three pistols(locked UP). They did take my money!! The important stuff. Oh by the way they were Court ordered to give me the $$$ back.
Instead I went and paid for a lawyer.....
I took a plea bargain,received 3 years probation. released off after 1.5 years because I have my stuff together, pissed clean and fulfilled my obligations. Fines, community service, work.... My issue with hole idea is that the charges (non violent) keep me from putting natures free food sources on the table, at least easily (I still bowhunt), as well as raising my son (born two years after convicted) to understand that firearms are to be handled with care and respect. To teach him not to be ignorant and blind to the dangers as well as the actual applications of a firearm. That's fine some people would say. It makes since, I'm obviously a dumb FELON, just like the murderers and rapist and child molesters, BUT keep in mind, if I would have turned the coin and wore a wire on someone, I would be perfectly accepted, a great citizen, at least in the eyes of most people. The guy who got me, I worked with him, even after. I knew but did nothing. Never even gave him a stare down. He would sell a needle to a pre-schooler. He can still own a firearm.
In closing! So if I were a person who DID'NT take responsibility for my actions, own up to my mistakes, pay my debt to society and would've stayed a so called "unproductive" member of society, (like most Confidential Informant) , we wouldn't be having this conversation.
Thanks for reading.
Also, if you are knowledgeable abot the Rights of Felons in WV Id love to have a Q&A about Appeals and other related topics.
Brian — April 2, 2014
The rights of a felon should be returned to the felon as soon as he successfully completed his sentence. In the end if a person felon or not wants to use a firearm to commit a crime he can easily get a firearm to do so. And in most cases he will purchase the weapon illegally. Or steal it, i dont think he would go to a gun store and buy a gun and make it that easy for the cops to hang him. So in closing restore all of a persons rights when the have finished there sentance and give them a fair chance to re enter Society and be a human again. If he hasnt learned his lesson a gun restriction isnt going to stop him from re offending.
llesson
Ron — May 13, 2014
I want Brian for President. Well said. I have a felony on my background from 15 yrs ago that haunts me still. Disenfranchised for life best describes my punishment. I can vote because I've been through the process which wasn't easy and I met lots of resistance. But I can apparently never leave the country or possess firearms or be considered for good employment.
nocandycoat — July 25, 2014
some of you prople are just pure ignorant.this country was founded on the use of guns and if not we would all bee shooting bows and arrows.does anybody know what the foundering fathers wrote. do you truly want to live in a socialistic country ? if so move to canda. get back to your grass roots.like sheep everybody is is following the government right into the pit we have become comp iacement ..before the united states take all your guns and put you in fema camps. ignorance is running wild and people are just willing to foiiow others right into the pit!!!!!
nocandycoat — July 25, 2014
oh, and the law says you cant own a gun but your bill of rights says you can . just don't get cough with it in your possession.
Paul Steichen — August 13, 2014
in minnesota you can get your gun rights restored immediatly once you are discharged from parole or probation from a felony conviction violent or not.
Steve — August 18, 2014
I was convicted of a criminal vehicular homiside over 22 yrs ago? Would I be able to own a gun now?
benjamin — August 31, 2014
I live in Virginia charged with unlawfull wounding in 2000 and i just had all my rights restored through the governer for cival and by a judge to posses fire arms
Herman — September 19, 2014
This an old blog and more importantly its an issue that has been going on since this Countries beginning. I have read all the comments and some have some good points, and some show me the ignorance that still exist in this Country. First and foremost to repeal the 2nd amendment would set off a revolution. I don't give a shit how many drones, or high tech military weapons this country has. and more importantly I don't believe for one second that the people of this Country couldn't bring down this Tyrannical government. Yes this Government is as tyrannical as it gets and unless Americans wake up now your going to-get to see, what you thought would never happen to you in this country. For the gentlemen who remarked that the day to take down a tyrannical government has passed if a coward. That's what has happened in this Country Americans have an expectation that this government is responsible for everything including what time you can wipe your ass, and for that we are feeling the blow back from to much government involvement in the lives of the citizenry. We have failed to follow Our constitution and we have allowed this government to just go take away our civil liberties without so much as a threat to rebel for it. It shows how many cowards we have now in this Country, ya we can go bomb third world countries and beat down worthless armies. That doesn't mean shit. What means something is "when a government fears it's people, that is liberty, when the people fear their government that is tyranny"..Thomas Jefferson. So when I hear people saying that standing up against your government is futile because they will just drone you. Tells me we are under a tyrannical government. The day the people allow the 2nd amendment to be repealed, mark my words revolution will break out, win or loose Americans will be placed in internment camps and you will learn the hard way from your ignorance what not having your freedom really is. So keep lying to yourselves and think this is not possible.Or you can do something while their is still time by calling your representatives and telling them you are not supporting any sort of gun legislation, or politicians who are gun control socialist idiots trying to take the right you have left to defend your freedom with. Trust and believe that guns are not the reason for crime, and keeping ex felons from owning firearms is not going to make it safer for the public. That is the same bull crap the were pitching about banning the consumption of alcohol. remember that amendment, it spawned the mafia in this country. If their is a disease that is growing ramp-id in this country, it called the disease of the liberal democrats ignorance which is speeding to our own destruction. So stop lying to yourselves, and stop believing the propaganda about how banning guns would make it safer for our communities. It is a down right lie.
Jake — October 2, 2014
Thanks Herman finally somebody on here talking common sense! The day this government tries to take my right to bear arms they WILL get a tactical response with an army of armed citizens!
James — December 10, 2014
What about someone that tried to drive a drunk woman from a bar to her home. I couldn't get her out of the car so I shoved her out close to her home and I was her excuse for her husband not to give her some static about being in a bar late at night.Next thing I am arrested and charged with attempted rape 1st and 2nd degree and trying to entice a 19 year old into a vehicle.I was about 28 years old got convicted by police testimony and the cop claimed to Identify me at 300 feet at 2 am with my back to a light.The other cop said that I said I was going to kill him and his family and probably his dog too. The woman cleared me of 2 charges and she was removed from the stand over the objections of my lawyer who woke up occasionally while sitting in court. The prosecutor argued the judge down and he let them remove her with no futher testimony given.I thought I was in the wrong court room there were so many lies by the cops and prosecutor.I found out a few months later that my dad had testified against the one cops brother in in an arson case and he was sent to prison for 8 years.So here I am convicted of an attempted rape 1st degree charge. My first and only felony.The sentence I received was 5 years unsupervised probation and didn't even have a probation officer.So stripped of 2nd admendment rights can't vote and no civil rights and a violent felon? I finally got an attorney and applied for a pardon in Alabama after 35 years and after 8 years I finally had my hearing, well we walked into the hearing room and was told the pardon board had already approved for civil and political rights be restored but not firearms right under 18 usc section 922 of chapter 44 which says I can't possess,own,or even touch a modern firearm. Just type in any search engine that section and type in 18 usc 921 and you will find that ATF and FBI don't consider most types of black powder weapons as firearms .But check your state laws about black powder weapons, they may be different.So how about that, a violent felon being given a walk out of the court room free and don't look back just pay a fine and you are free? The Judge put a pistol to his head and committed suicide 2 weeks later and I guess my lawyer went back to sleep somewhere. Do I feel like I have been screwed? Absolutely,Who can I appeal to now ? Nobody? What else can I do? Wait 2 years and file to have my gun rights back and wait 6 more years after that.Hell ,I am in my 60s age wise and will probably be dead.Am I bitter ?Yes I am that.I just look forward to serving on jury duty because I will give a fair verdict based on the evidence and not have my head spinning by a prosecutor. My jury was out for 3 days and it was Friday at 4:30 on the last day.Fair trial? Not In Alabama...
Gman — December 10, 2014
Here is one for you all to spin your heads on;now on the selective services registration form if you scroll down https://www.sss.gov/PDFs/WhoMustRegisterChart.pdf you will see that ex-felons will be taken if needed, and the way things are going you never know when we may find ourselves in another World War and one can say for certain that will never happen,what does that say about the hypocrisy of the liberal idiots who make legislation to deny a freeman his God given right to bear arms. I don't give a shit if your an ex felon, if you committed robbery, D UI's, or got into a fist's cuffs with your psycho girlfriend. So long as you are not an ex- sex offender, arsonist, murder, on parole, or probation or a mental case, you have a right to bear arms. "No freeman Shall be debarred upon him his right to bear arms" so if your an ex-felon these F'@#$ say you can't own a gun, but if shit hits the fan they will expect to draft you and place a gun in your hands then, now it is okay to have gun. So long as your committing murder to defend those coward liberals and politicians families from harm. But you are not entitled to have a gun and protect and defend your families and property now. I say F"U" to all those liberals and sissies who simply want to disarm America, this government doesn't give a shit about public safety, that is not why they want to ban weapons here. Shit I do not know if anyone has notice, but I have not seen a gang banger or criminal walk into a school and start shooting, or climbed a clock tower to snipe innocent people, or hide a depository building to assassinate a president. All of those random government orchestrated shootings have been committed by non felons, non thugs,gang bangers etc. their are over 67 million ex felons in the United States, that is a large number and a majority of them are non-violent. What these liberals are doing is turning our Country from the home of the brave, to the home of the scared with all of there bullshit gun grabbing propaganda, I say this if your an ex-felon and not a mental case,or murder, or sex offender, or arsonist, arm yourself to protect and defend your families and your property, because id rather be tried by 12 than for me and my loved to be carried by six. F-liberals, F-anyone who sissy enough to fall for this governments BS
Robert H. Auld Jr — December 13, 2014
Man oman here's more bs to add to the soup. I was a fulltime paid police officer in the San Francisco Bay Area for over 26 years I only had two complaints on me in the 26 years. 1~ For asking a woman if she was shacking up with a man who she claimed to have a TRO but didn't.
The other was a dude who beat his wife regulary complained I ran off with his wige who he assaulted on a regular basis.
I was set up by dirty politicians and crooked cops in San Diego. I lost my retirement, my good name, my car and my family. The system actually took all 58 of my firearms many of which I won as a top shot on the Governor's Top 20 Sharp Shooters in the state of California.
As far as I'm concerned there is nothing worse than a Dirty Cop. The only thing paying better than crime is politics.
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R.German — November 30, 2015
i was convicted in october of 06' for several felonies in illinois. All were drug related,except for a illegal poss. of firearms by a felon. I had just been convicted a few months before in missouri of a poss. charge and was placed on probation.If anyone happens to read this and has any advice on exactly what steps need to be taken to try to restore my rights to own a firearm, please reply..thank you..
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