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April 24, 2006

Felon Gun Rights -- Never Mind...

I was all set to write a post about how certain non-violent felons ought to be allowed to own guns. The impetus was from the start of this Casper Star-Tribune story:


On Friday, the jury found that Casper native Rudolph "Butch" Stanko of Gordon broke a federal law that bars felons from possessing weapons.

Stanko had argued that his felony conviction was only for a white-collar crime: conspiracy to violate a federal law about meat inspection.

But prosecutors said that when Stanko was living in Montana after leaving prison, he was told by two federal judges that he couldn't have any weapons.

The 59-year-old Stanko had weapons in the Gordon home he eventually shared with a woman and her daughters. After a domestic disturbance, one of the daughters called authorities and told them about the guns.

Jurors found Stanko guilty of being a felon in possession of seven guns. He was not convicted on another charge: bringing a .22-caliber derringer across state lines into Nebraska.


My argument is that so many small crimes are now classified as felonies that in cases where there were no violent intentions, maybe judges should have the leeway to restore gun rights on occasion. Then I read the rest of the article; he's rather an unsavory character:

In 1984 he and his family's now-defunct Cattle King Meat Packing Co. of Denver were part of a scheme to sell meat rejected by inspectors. In prison for six years, Stanko wrote a book that said a Zionist conspiracy had destroyed his company.

Stanko was involved with the white supremacist World Church of the Creator, founded in 1973 by Florida racist Ben Klassen. Creators eschew Christianity and worship the white race, believing whites to be the creators of all worthwhile culture and civilization.

Before he committed suicide in 1992, Klassen had named Stanko as the next supreme leader or "Pontifex Maximus."

However, Matt Hale of Illinois became the Pontifex Maximus in 1996. Hale announced he was moving the organization's headquarters to Riverton in late 2002. Hale was sentenced to 40 years in prison last year for obstructing justice and soliciting an FBI informant to murder U.S. District Judge Joan Humphrey Lefkow of Illinois.


While my basic feelings on the matter remain up in the air, I'm rather glad Stanko isn't getting his guns back. If someone is willing to break some laws, they're probably willing to break any laws. Perhaps what's needed is some rational thought given to what crimes are (or should be) considered felonies and what others are so minor (for instance, possession of a small amount of pot -- still a felony in many states) as to not warrant a deprivation of basic rights.


Posted by Jeff Soyer at April 24, 2006 06:44 AM
Comments

The state of Texas does permit felons to possess
firearms in their place of residence and no
where else, 5 years after the date of last custody, community supervision, parole visitation, etc.Texas Penal Code 46.04. Obviously, even felons need to have protection for self-defense in their own homes.

Of course the Feds have a slightly different
view.

Posted by: Ken at April 24, 2006 07:22 AM

The state of Texas permits felons to possess
firearms in their own homes--and no where else--
five years after their last date of custody,
community supervision, parole, etc. Obviously,
even felons need to have a means of self-defense
in their own homes. Texas Penal Code 46.04

Obviously, the Feds have a different view.

Posted by: Ken at April 24, 2006 07:26 AM

"If someone is willing to break some laws, they're probably willing to break any laws."

So you NEVER violated the 55 mph speed limit, or go faster than the posted limit today? You never cross the street in the middle of the block? You always use your seatbelt, turn-signal, and follow all of the traffic laws?

You also never drank when you were under-age, or smoked anything except cigarettes in college. You never dispose of batteries or old electronics except at duly authorized hazzardous waste facilities.

Posted by: Zendo Deb at April 24, 2006 07:57 AM

I have similarly mixed feelings concerning Lautenberg. While I will not argue in favor of anyone with a history of criminal violence retaining gun rights, I always wonder why it's only domestic violence that triggers an automatic prohibition on possessing or carrying a firearm. My certainty is that it's a reflexive Clintonian reaction to the politically incorrect crime of the week.

Could just as well have been deadbeat dads, or "hate speech."

Posted by: Steve Skubinna at April 24, 2006 09:34 AM

I'm rather glad Stanko isn't getting his guns back.

Least not legally, anyway. He's free to illegally have as many guns as he likes.

Posted by: Bruce at April 24, 2006 09:38 AM

Stanko selling bad meat eh? That's sorta fitting.

Posted by: ben at April 24, 2006 10:38 AM

I tried to be clear, Deb, that I'm talking about real crimes, not small, minor stuff like smoking a joint or traffic violations. If someone is willing to sell bad meat -- possibly making a lot of people sick, they're certainly willing to harm them in other ways, such as with a gun.

Posted by: Jeff Soyer at April 24, 2006 10:47 AM

But this brings up the problem of allowing the government to decide who can own guns.

The governemnt decides what crimes qualify for oppressing that right, which means that they can define 'up' crimes to trigger that restriction. How long before saying the wrong thing in politics would qualify? Oh wait, under McCain-Feingold that may already be the case.

There is a simpler way. If a felon can not be trusted with the full pallette of rights a citizen has, they should never be released in the first place.

They have all their rights, or none.
If they are released, they have all rights, speech, religion, protest, voting, arms, all of it.

The govenment should never have the power to restrict our rights in any way, short of that.

This is how we have reached the point we have, creeping restrictions on our rights, adding up year by year.

Posted by: tomWright at April 24, 2006 11:26 AM

This is not a novel idea. It actually works and the sky will not fall. Really bad felons don't care and will possess a gun if it advantages their criminal enterprise. Only those who want to regain full citizenship care to follow the law, if there is a law to follow.

About 40% of states automatically allow felons to possess firearms after a period of years (5-10) and another 20% or so allow them to regain their gun rights after a court proceeding. The feds HAVE a procedure for regaining possession rights, 18 USC 925, IIRC, which worked quite well for over 20 years until the Congressional Democrats decided to add a provision to every ATF funding bill prohibiting the spending of any money to implement it. The Republicans, spinless weaklings that they are, have meekly along for 10 years.

Posted by: Joe at April 24, 2006 07:03 PM

Ditto to Ken on:

"If someone is willing to break some laws, they're probably willing to break any laws."

If a person can't be trusted to lawfully use a firearm, they they can't be trusted to do anything else as a free man.

Posted by: Reason at April 25, 2006 10:32 AM
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