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RALEIGH (AP) — The North Carolina Court of Appeals has upheld a 2004 law widening a ban against felons owning weapons.

But yesterday’s split decision opens the possibility that the prohibition on owning nearly any kind of gun could be overturned.

The law was changed in 2004 as part of an anti-domestic violence bill. The earlier version had barred felons from owning or possessing pistols and short-barreled weapons that are easy to hide.

Judge Wanda Bryant says the 2004 law protects the public. Judge Linda McGee agreed with Bryant. But Judge Rick Elmore dissented, saying the 2004 changes make the law unconstitutional by punishing felons rather than just regulating some guns.

Barney Britt of Wake County says there should be a procedure to get some gun rights restored for convicted felons.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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  • someone

    I was convicted 13 years ago for four felonies. I now own the 5th largest communications contracting company in the US. So to classify all felons the same is an insult to us. It’s funny that someone convicted of a DUI in this state can get his or her license back, but I can’t get my gun rights back.

  • gotmyeyeonubuster

    I just wonder if you can change people’s real behavior or just teach them to hide it better. When people are young, they get caught doing what they inately feel, but as they age they learn what is acceptable and what isn’t. So they mask their true feelings, but they don’t change. And every once in a while they can’t control themselves and a glimpse of who they are emerges. Old felons have as much potential for violence as they did when younger, they are just more covert. Support the current law, don’t give these “people” rights they demonstrated they shouldn’t have. And watch them closely.

  • Standing next to you

    Florida has the 10-20-life program.

    * Mandates a minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device
    * Mandates a minimum 20 year prison term when the firearm is discharged
    * Mandates a minimum 25 years to LIFE if someone is injured or killed
    * Mandates a minimum 3 year prison term for possession of a firearm by a felon
    * Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed

    The results are impressive.

    10-20-LIFE has helped to drive down Florida’s violent-gun crime rates by 30%. The state’s 2004, “Index Crime” rate is now the lowest in 34 years, and the violent crime rate is the lowest in a quarter century.

    More info http://www.dc.state.fl.u/oth/10-20-life/

    This makes the most sense of all that I’ve heard.

    As the soup nazi says “no gun for u”.

  • Felon

    I’d like to say one thing to all you stupid people out there concerning convicted felons. Why are we being treated as sub-humans? One thing thing that’s wrong with the economy in this country is that there’s so many convicted felons who can’t find work because of their criminal record. The judicial system is going to be the be the downfall of this country. I was convicted of a felony over 20 years ago and paid my dues. Why should I be treated different than anyone else in this country? I think this borders on discrimination. I know in some cases this law makes sense but not for everyone out here. Wake up people and use your common sense.

    Yours Truly,
    A felon who wants his rights back.

  • U.S verses thomas franklin essick 1990 4th circuit court of appeals greensboro N.C judge K.K Hall and barney w britt verses state of N.C aug29th 2009 in the britt case how does a law written in 1776 only apply to him who was not even born till some 200 years later? this law violates the 2nd,3rd,4th,5th,6th,7th,8th and 14th ammendment to the U.S constitution the N.C legislature in 2004 committed a felony(title 18 section 241 of the U.S constitution by enacting this law)it’s called expostfacto law(after the fact or retroactive)a person convicted of a felony back prior to 1996 was told not to possess a firearm for 5 years this is just like passing double jeporady on a person&convicting one without due process of law.even the russian and Iranian constitutions ban expostfacto law. the N.C legislature should be charged with conspiracy.read the 9th ammendment to the U.S constitution and the 10th ammendment to the N.C constitution.


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