The Right for Felons to Bear Arms

It is taken as a given by many that the individual right to bear arms recognized by the United States Supreme Court did not give felons any right to have a gun. But there are state courts that are now reexamining that conventional legal wisdom. In Baysden v. State (N.C. Ct. App. Nov. 15, 2011) (2–1) the court held  that North Carolina’s ban on possession of guns by a felon violates the North Carolina Constitution’s right to bear arms provision as to someone with two over-30-year-old nonviolent felony convictions. This follows Britt v. State (N.C. 2009), which also found that the North Carolina Constitution gave that right as well. There is not unanimity on this holding, but a North Carolina trial court decision, Johnston v. State, held the same under the Second Amendment.  The vast majority of states continue to find no constitutional flaw in banning felons from possession of guns but  People v. Dewitt (Colo. Ct. App. 2011) found a broad right — under the Colorado Constitution.

 

 If the state constitution does not grant felons the right to have guns, there are other avenues. A New York Times article reports that some states are making it possible for felons to regain gun rights, see here

 

 

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