Gun Politics: Report Shows Felons Legally Obtaining Firearms

A billboard along 32nd Street in Phoenix is an indication of the attitudes of Arizona residents on gun rights, people of Arizona are allowed to carry guns into bars,  January 10,2011. UPI/Art Foxall

A new issue in the arena of gun politics in the United States has surfaced. According to an original examination done by the New York Times, felons across the country are able to regain their Second Amendment right to bear arms after doing time—including those who have been convicted of violent crimes like first-degree murder and manslaughter.

The process of reinstating gun rights to felons began in the 1980s when Congress responded to a campaign by the National Rifle Association to allow states to dictate their own laws on the subject.  Since the 2008 Supreme Court ruling that upheld the Second Amendment, the efforts to restore gun rights to individuals have only expanded.

This new approach means that in some states, little or no review is required for a felon to gain access to a firearm. In some states, the Times found that felons automatically regain their gun rights as soon as they finish serving their sentences. Even violent felons in some parts of the country face no waiting period before they can apply for gun ownership.

Though the newspaper said they found little information about which felons were getting their gun rights back and how many of those have gone on to commit crimes, the Times did cite a number of cases that ended in tragedy.

Erik Zettergren of Washington, who had felony convictions and a documented history of mental health problems, shot his friend with a gun he owned legally. He then sought to throw his body in the river. Others with a violent history have been able to regain gun rights with little to no problem. Charles Hairston of Cleveland was able to obtain a gun after being convicted of first degree murder in 1971 when he shot a grocery store owner in the head. William Holisky II, a known stalker of women, had his gun rights reinstated after serving a three year sentence for firing a shotgun into the house of a women who broke up with him after a few dates. Margaret C. Love, a D.C. pardon lawyer who researches gun rights restoration laws, told the New York Times that felons stand a “reasonable chance” of regaining gun rights in more than half the states in the country.
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