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DOJ official dismissed after she refused to reinstate gun rights for Trump ally Mel Gibson: Report

Biggfoot44 said:
Nope !

The cliché rule of thumb is Misdemeanor = Up to 1 yr
Felony = More than 1 yr

But some states have whacky statutes . I can point to state with bunches of 3 year , 5 year , and even 10 year Misdemeanors. Or another state that has Felonies with as little as 30 day .

For these purposes, ATF has interpretations.

A named Misdemeanor with * Possible Penalty of over 2 years is * Prohibiting Offense * , regardless of actual sentence.

A named Felony with * Possible Penalty of less than 1 year * is Not Prohibiting ( unless the specific criminal action itself is Prohibiting, like DV .)
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I was talking about in the state where I reside, and in my experience, the accused spend only the time it takes for a judge to see them and establish a "no contact " order between the parties involved until the case is decided in court.

I guess I wasn't specific enough, but its on the 4473, this is one of the questions you answer, so the FED obviously takes it as a restricting conviction, no matter what state you live in.
 
USMC6094 said:
I was talking about in the state where I reside, and in my experience, the accused spend only the time it takes for a judge to see them and establish a "no contact " order between the parties involved until the case is decided in court.

I guess I wasn't specific enough, but its on the 4473, this is one of the questions you answer, so the FED obviously takes it as a restricting conviction, no matter what state you live in.
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...Still an infringement.
 
Biggfoot44 said:
That's why the burden of proof was flipped in my example . You would be presumed to have Rights restored .


Sure , the time period can be debated . But modern Era Probation or Parole caseload are so overwhelmed, minimal to no actual supervision actually takes place . My position is for a certain passage of time on their own in society without re offending .

The overwhelming percentage of " former " Felons are recidivist dirtbags , and are back in the system within a year .

Even just 2 years would be enough to week out * most * recidivist dirtbags . But my goal is to seek a probability of doing More violent felonies no greater than general public .
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Well said. Excellent post.
 
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