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Thread: Arizona ruling overturns conviction of felon carrying gun

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    Arizona ruling overturns conviction of felon carrying gun

    Arizona ruling overturns conviction of felon carrying gun

    Arizona ruling overturns conviction of felon carrying gun

    Can police officers frisk anyone who appears to be carrying a gun? On Thursday, the Arizona Supreme Court ruled that they cannot unless they think the person is engaging in criminal behavior and is armed and dangerous. As a result, the court overturned the conviction of a felon caught carrying a gun.According to court records, in October 2010, police officers saw Johnathon Serna talking to a woman on the street in a "gang neighborhood." When the woman walked away, they approached Serna, who they described as "very cooperative and polite."

    Then one of the officers noticed a bulge in Serna's waistband and asked if he had a gun. Serna said he did, and the police told him to put his hands on his head and took the gun. When the police learned that Serna had prior felony convictions, making him a "prohibited possessor," they arrested him and charged him with misconduct with weapons.At trial, Serna's attorneys claimed that Serna's Fourth Amendment rights against illegal search and seizure had been violated, but the judge rejected the claim, and the Arizona Court of Appeals upheld his conviction.Serna was sentenced to 2 1/2 years in prison. According to Arizona Department of Corrections records, he did the time and was released in December 2013.But on Thursday, the Arizona Supreme Court threw out his sentence and his conviction.
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    Good ruling, I hope to see more gun rights restored and clarified across the nation. To many states infringe on this right in too many ways.
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    Re: Arizona ruling overturns conviction of felon carrying gun

    But felons still can't have guns...right?

    The title is a bit confusing.
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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by WCH View Post
    But felons still can't have guns...right?

    The title is a bit confusing.
    In Arizona (as well as other states) you can apply to get your gun rights re-established after you serve your time.
    I have CDO, it's like OCD but the letters are in alphabetical order like they should be.

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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by WCH View Post
    But felons still can't have guns...right?

    The title is a bit confusing.
    correct it is still against the law for certain criminals to have guns and that varies, which it shouldnt. It should have complete conformity nationally.

    and i also agree the title and verbiage of the articles do make it confusing but this is simply about illegal search and seizure.
    They guy being a felon is just extra story really.
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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by azgreg View Post
    In Arizona (as well as other states) you can apply to get your gun rights re-established after you serve your time.
    Do you know if it still apply if you were convicted for a felony gun charge or domestic violence?
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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by azgreg View Post
    In Arizona (as well as other states) you can apply to get your gun rights re-established after you serve your time.
    I didn't know this, but I like it. Although they shouldn't even have to apply. When a person commits a crime they are punished. When that punishment ends, their restrictions should go with it. These laws about felons owning guns, voting, trouble finding jobs or houses is bull**** to me.
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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by AGENT J View Post
    Arizona ruling overturns conviction of felon carrying gun


    Back-up Links:
    High Court: Police need
    Court: Police need

    Good ruling, I hope to see more gun rights restored and clarified across the nation. To many states infringe on this right in too many ways.
    I have no problem with non-violent "felons" carrying a gun...

    Besides, it doesn't take much these days to earn yourself a felony anyways...

    Here in Illinois if you damage more than 500 bucks of property you're a felon and as far as I see it they will just make any minor "crime" a felony just so they can get the gun control they want....

    The funny part is that 90% of felons aren't even dangerous people. Most "felons" are only felons for stupid stuff like drug convictions, DUI's and other non-violent acts that are "against the law."

    IMO, I think everyone should have a gun - that way the real criminals who are violent will think twice before they try sticking someone up or committing a violent act. The way it is now most of these violent criminals have nothing to worry about because guns are so difficult to get legally so most people are easy targets.

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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by americanwoman View Post
    Do you know if it still apply if you were convicted for a felony gun charge or domestic violence?
    Quote Originally Posted by Kreton View Post
    I didn't know this, but I like it. Although they shouldn't even have to apply. When a person commits a crime they are punished. When that punishment ends, their restrictions should go with it. These laws about felons owning guns, voting, trouble finding jobs or houses is bull**** to me.
    You can apply, but you are not guaranteed to have your rights restored. In some cases it could take up to 10 years.
    I have CDO, it's like OCD but the letters are in alphabetical order like they should be.

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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by Kreton View Post
    I didn't know this, but I like it. Although they shouldn't even have to apply. When a person commits a crime they are punished. When that punishment ends, their restrictions should go with it. These laws about felons owning guns, voting, trouble finding jobs or houses is bull**** to me.
    I agree and disagree
    i do think that logically when the time is served rights should be restored

    then i think what about a person who killed or raped muiltiple people? do I really want them to have a gun? but i guess step one would be why is he out if he cant be trusted?

    in SOME cases i would find it tricky but the solution is properly they should be out in the first place, so again i basically agree.
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    Re: Arizona ruling overturns conviction of felon carrying gun

    Quote Originally Posted by azgreg View Post
    In Arizona (as well as other states) you can apply to get your gun rights re-established after you serve your time.
    I'd also like to add that young adults make mistakes (18-21) and the mistakes they make shouldn't follow them around for the rest of their lives just because they did something stupid as a kid just as long as it wasn't a "serious" offense like murder or armed robbery etc.. People do change - hell I was a super pro government progressive when I was 18 even to the point of agreeing with socialism, but obviously that changed.. Sometimes people just do stupid stuff when they're younger and their past should have absolutely no effect on what they do or want to do 10-15 years down the road just as long as they keep a clean record.

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