MN Appeals Court - I don't think this is right.
Author |
Message |
usmarine0352
|
Post subject: MN Appeals Court - I don't think this is right. Posted: Tue Jun 02, 2009 7:00 pm |
|
Joined: Wed May 24, 2006 8:53 am Posts: 239
|
[Changed title from "Supreme Court" to "Appeals Court" to reflect actual decision - AR]
Quote: Juvenile convictions can void adult gun rights By Steve Karnowski Associated Press Updated: 06/02/2009 04:18:34 PM CDT
The Minnesota Court of Appeals says a man convicted of a violent crime when he was a juvenile doesn't have a Second Amendment right to possess a firearm.
Ryan Turnbull was convicted in Swift County in 2007 after a conservation officer saw him carrying a gun during hunting season in 2006. He had been found delinquent in juvenile court in 2004 of felony drive-by shooting and other charges.
Turnbull argued to the Court of Appeals his right to have a gun is protected by a landmark U.S. Supreme Court decision last June that affirmed the right to have guns for self-defense in the home.
But the appeals court says that ruling was "very limited" in scope.
Turnbull's attorney says he expects to appeal to the Minnesota Supreme Court.
I think crimes you commit as a juvenile shouldn't strike against you as an adult.
Obviously extreme cases like premeditated murder or something like that are different.
I think this leads to a slippery slope. What do you think?
|
|
|
|
|
MostlyHarmless
|
Post subject: Posted: Tue Jun 02, 2009 7:25 pm |
|
Senior Member |
|
Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
|
Well, let's see. Is it a violation of the 2nd to deny firearms ownership to convicted felons? Does the constitution make a distinction between juveniles and adults in this area?
I think we all oppose the incremental expansion of the classes of persons prohibited from possessing firearms, simply because the end game is that everyone who's ever had a parking ticket is disqualified. That said, I don't think that this case reflects such an incremental expansion, and I don't think that this is an especially useful test of the constitutional principles involved.
|
|
|
|
|
SultanOfBrunei
|
Post subject: Posted: Tue Jun 02, 2009 9:18 pm |
|
Longtime Regular |
|
Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
|
I believe all free men should be legally able to keep and bear arms.
(If they can't be trusted with a weapon, they shouldn't be free.)
|
|
|
|
|
RLS59
|
Post subject: Posted: Tue Jun 02, 2009 9:19 pm |
|
Senior Member |
|
Joined: Tue Jan 24, 2006 12:24 pm Posts: 158 Location: Rochester
|
SultanOfBrunei wrote: I believe all free men should be legally able to keep and bear arms.
(If they can't be trusted with a weapon, they shouldn't be free.)
+1
_________________ "I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people, and I require the same from them." John Wayne (The Shootist)
|
|
|
|
|
tepin
|
Post subject: Posted: Wed Jun 03, 2009 6:10 am |
|
Joined: Fri Mar 17, 2006 4:00 pm Posts: 1064 Location: Minneapolis, MN
|
+1
SultanOfBrunei wrote: I believe all free men should be legally able to keep and bear arms.
(If they can't be trusted with a weapon, they shouldn't be free.)
|
|
|
|
|
RobD
|
Post subject: Posted: Wed Jun 03, 2009 6:12 am |
|
Senior Member |
|
Joined: Sun Oct 05, 2008 7:41 pm Posts: 234 Location: Apple-Mount Farming-Ville
|
SultanOfBrunei wrote: I believe all free men should be legally able to keep and bear arms.
(If they can't be trusted with a weapon, they shouldn't be free.)
I would have to disagree... I think that certain individuals require a loss of freedom through lack of capabilities...
For example, someone who has mental instabilities does not deserve to be locked up, but I think they should not own a gun.
_________________ NRA Instructor (BP, PPITH, PPOTH, Shothell + Metallic Reloading, RSO) Certified Glock Armorer
MNbasecamp.com - Minnesota Outdoors Community
|
|
|
|
|
Binky .357
|
Post subject: Posted: Wed Jun 03, 2009 8:25 am |
|
Longtime Regular |
|
Joined: Tue May 30, 2006 3:02 am Posts: 816 Location: South of the River Suburbs
|
It's subjective.
What was the offense? Was it a truly violent act? Was anyone killed? Did the hupothetical juvenile express any regrets or commit multiple crimes over an extended period of time?
If the little punk showed no respect for society and was running around like a mad dog despite multiple judgements or is was associated with a gang, the right to own firearms should go bye-bye.
If the kid was just being a kid and had a temporary excess of stupidity, forgiveness should be the policy. Mailbox baseball... a felony, but also a teenage stunt that a lot of people have tried at one time or another. What teenage boy hasn't dabbled in the dark art of garage chemistry, seeing how big a boom they could make with what was in the tool shed?
We grow up. Sometimes we do dumb things, but we grow up.
_________________ My YouTube Videos
"We're either gonna be the best of friends or there's gonna be a whole lotta shootin' goin' on."
"I think it's a good thing for serving cops to mix with non-cops in a situation where they understand that they aren't in charge." -JoelR
"You'd be amazed at the things a bullet can stop." -Old Irish Proverb
|
|
|
|
|
DeanC
|
Post subject: Posted: Wed Jun 03, 2009 8:46 am |
|
Longtime Regular |
|
Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
|
He was convicted of a drive-by shooting. Two years later he's carrying a loaded gun in the woods.
I am unconvinced he has repented of his ways in such a short amount of time.
_________________ I am defending myself... in favor of that!
|
|
|
|
|
SultanOfBrunei
|
Post subject: Posted: Wed Jun 03, 2009 9:14 am |
|
Longtime Regular |
|
Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
|
Incakola wrote: I would have to disagree... I think that certain individuals require a loss of freedom through lack of capabilities... For example, someone who has mental instabilities does not deserve to be locked up, but I think they should not own a gun.
I think that is a reasonable disagreement. And I agree that not everyone that cannot be trusted with a weapon should be in prison. I don't know the right answer, but anyone with a medical mental issue that could cause them to harm someone via a gun (or any weapon or object) should not be roaming the street unsupervised (ie not free.)
|
|
|
|
|
Carbide Insert
|
Post subject: Posted: Wed Jun 03, 2009 11:35 am |
|
Poet Laureate |
|
Joined: Sat Aug 19, 2006 11:36 am Posts: 760 Location: Hutchinson, MN
|
SultanOfBrunei wrote: I believe all free men should be legally able to keep and bear arms.
(If they can't be trusted with a weapon, they shouldn't be free.)
+1
_________________ It's not always easy these days to tell which of our two major political parties is the Stupid Party and which is the Evil Party...
But it remains true that from time to time they collaborate on something that's both stupid and evil and call it bipartisanship. -Thomas E. Woods Jr.
|
|
|
|
|
Macx
|
Post subject: Posted: Wed Jun 03, 2009 11:36 am |
|
Longtime Regular |
|
Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
|
Having worked in the area of mental illness and homelessness, I agree with SoB. In my experience, which is not small, those individuals who are able to live semi-independently or with minimal supports are not a threat & often being more in touch with their illness, may be in fact safer than the average gun owner who doesn't carry via permit (there is a degree of lifestyle and seriousness that goes with using the carry permit which often isn't present in the incidental gun owner who may only use their gun for suicide or to play out a fit of rage, otherwise leaving it to collect dust) .. . for the mentally ill but semi-independent/ minimal support folks, there are support structures in place, they have people making sure they don't run out of meds, they have numbers they can call when they are feeling "off" and docs to make adjustments . . . . I can't say I have ever encountered someone who belonged outside of confinement that I wouldn't trust with a weapon & that includes schizophrenic crack addicts, meth head war vets with PTSD and several other "volitile" combinations. If they could live semi-independently or with minimal supports, I had no problem with them carrying knives & wouldn't have a problem with them having guns.
Of course I realize I am digressing . . .
Back on topic. There is a delicate point here. The idea that free people may not be safe in possession of firearms is the argument of the Antis. The Antis argue that maybe you'd be safe and responsible and maybe you wouldn't, so better to err on the side of caution. I think rather that we need to be cautious we don't find ourselves singing out of the Anti-2A hymnal or elevating ourselves to that "more-equal" status that some LEOs assume when dealing with "other" classes and the right to bear arms.
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
|
|
|
|
|
SultanOfBrunei
|
Post subject: Posted: Wed Jun 03, 2009 12:43 pm |
|
Longtime Regular |
|
Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
|
chunkstyle wrote: SultanOfBrunei wrote: (If they can't be trusted with a weapon, they AREN'T free.)
Fixed it for yah.
I agree.
Before the mods bust you for quoting something I didn't say:
(If they can't be trusted with a weapon, they AREN'T free.)
|
|
|
|
|
Jeremiah
|
Post subject: Posted: Wed Jun 03, 2009 3:19 pm |
|
Raving Moderate |
|
Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
|
SultanOfBrunei wrote: chunkstyle wrote: SultanOfBrunei wrote: ["FIXED" quote removed]
Fixed it for yah. I agree. Before the mods bust you for quoting something I didn't say: (If they can't be trusted with a weapon, they AREN'T free.)
Good call. Before Andrew gets you, I will- DON'T "FIX" QUOTES!
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
|
|
|
|
|
Moby Clarke
|
Post subject: Posted: Wed Jun 03, 2009 11:16 pm |
|
Longtime Regular |
|
Joined: Tue Aug 16, 2005 9:09 pm Posts: 965 Location: North Minneapolis
|
So, you guys who believe free men should have RKBA restored after prison are sure prison rehabilitates folks? Why is it that many of us talk about actions over words, but not when it comes to RKBA issues. This is exactly what the anti's claim, "We" want everyone to have guns. I believe actions speak louder than words. I would be willing to restore rights to convicts after, say 10 years with no other LEO contacts in that time. But to give idiots like the guy in the story full RKBA rights the day he walks out of prison, I disagree with.
_________________ It is about Liberty!
Political Correctness is a doctrine fostered by a delusional, illogical liberal minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Chris
|
|
|
|
|
Nords
|
Post subject: Posted: Thu Jun 04, 2009 4:19 am |
|
Journeyman Member |
|
Joined: Tue Dec 16, 2008 9:38 am Posts: 71
|
We need to know what this "drive by" incident really was. If it was just a bunch of high schoolers in a car paintballing road signs (which may be considered drive by shooting? although the felony part may explain a lot)... it is a lot different than shooting real guns at people...
|
|
|
|
|
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Users browsing this forum: No registered users and 6 guests |
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum
|