My question involves civil rights in the State of: Legally buying a gun, despite having a felony on my record.
Those who I'd request would not reply: Anyone telling me, "No, felons can't legally own guns," because there are several ways.
Those who I'd request would reply: Anyone who knows. I'll wait for a reply.
This is everything I've found so far.
1) Of course, the 2nd Amendment. (general gun ownership, but federal)
2) Gun Control Act of 1968 (federal, "18 U.S. Code § 922 - Unlawful acts", enacted by Lyndon B. Johnson, restricts felons from owning a gun) - (d)(1) "is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" (committed a federal, nonviolent crime at 18yo, continued to serve, was court-martialed for it two days before turning 22, sentenced for 2 years but served 1 1/2 years, and released from the brig when I was 23 1/2, it's been 2 years, 25 1/2 now) So this is what's stopping me.
3) Missouri, Amendment 5 (state, passed August 2014, broadens gun ownership) - states "Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction. (My felony was nonviolent)
4) But gun businesses I've spoken with answer to the ATF, so they say they can't sell to felons, due to the federal law (which I assume refers to the GCA 1968)
5) Robinson vs. Missouri, (Raymond Robinson) was arrested, but had his case dismissed 5 months ago, February 27, 2015, after it was ruled that Missouri's Amendment 5 covered him, but Judge Dierker ruled it as circumstantial. Guns.com Story | The Washington Post Story | STLToday Story
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My reason for wishing to buy a handgun is that I live downtown - our apartment has been broken into twice, my truck's window has been smashed to steal the radio, criminals attempted to steal our AC unit (all they ended up doing was cutting the pipes and cables, because it was cemented down), and my chained-up scooter was stolen out of my back yard (bolt cutters, I guess).
Any recommendations from anyone who understands these cases well?
Those who I'd request would not reply: Anyone telling me, "No, felons can't legally own guns," because there are several ways.
Those who I'd request would reply: Anyone who knows. I'll wait for a reply.
This is everything I've found so far.
1) Of course, the 2nd Amendment. (general gun ownership, but federal)
2) Gun Control Act of 1968 (federal, "18 U.S. Code § 922 - Unlawful acts", enacted by Lyndon B. Johnson, restricts felons from owning a gun) - (d)(1) "is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" (committed a federal, nonviolent crime at 18yo, continued to serve, was court-martialed for it two days before turning 22, sentenced for 2 years but served 1 1/2 years, and released from the brig when I was 23 1/2, it's been 2 years, 25 1/2 now) So this is what's stopping me.
- § 922 (d)(6) does not apply to me ("who has been discharged from the Armed Forces under dishonorable conditions") because I received a Bad Conduct Discharge, not a Dishonorable Discharge
3) Missouri, Amendment 5 (state, passed August 2014, broadens gun ownership) - states "Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction. (My felony was nonviolent)
4) But gun businesses I've spoken with answer to the ATF, so they say they can't sell to felons, due to the federal law (which I assume refers to the GCA 1968)
5) Robinson vs. Missouri, (Raymond Robinson) was arrested, but had his case dismissed 5 months ago, February 27, 2015, after it was ruled that Missouri's Amendment 5 covered him, but Judge Dierker ruled it as circumstantial. Guns.com Story | The Washington Post Story | STLToday Story
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My reason for wishing to buy a handgun is that I live downtown - our apartment has been broken into twice, my truck's window has been smashed to steal the radio, criminals attempted to steal our AC unit (all they ended up doing was cutting the pipes and cables, because it was cemented down), and my chained-up scooter was stolen out of my back yard (bolt cutters, I guess).
Any recommendations from anyone who understands these cases well?
Civil Rights Issues: Missouri Felon, How to Legally Own a Gun?
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