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Colorado Court Felons have right to bear arms

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Old 03-02-2012, 06:02 AM   #1
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Colorado Court Felons have right to bear arms

http://volokh.com/2012/03/01/colorad...and-bear-arms/

As I noted last Fall, Colorado courts have treated the Colorado Constitution’s right to keep and bear arms provision as substantially protecting felons’ rights to keep guns for self-defense — an approach quite different from that used by the U.S. Supreme Court in interpreting the Second Amendment, or by other states’ courts interpreting those states’ constitutions. Today’s State v. Carbajal (Colo. Ct. App. Mar. 1, 2012) reaffirms that. An excerpt:

In 1876, the new State of Colorado adopted a constitution that included a provision in its bill of rights establishing a right to keep and bear arms in defense of one’s home, person, and property:
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The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called into question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Colo. Const. art. II, § 13 (section 13) (emphasis added). This provision has never been amended................
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Old 03-02-2012, 08:51 AM   #2
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the thing is, ..w/ the overzealous amount of "laws" we have today, ...walking the tightrope is risky business, ..you can become a "felon" w/out so much laying a hand on anyone... kinda obtrusive how such a label, w/out consideration of the "nature" of the crime, is justification to disallow you to defend yourself w/ firearms... now, throw in the crap like the "lautenburg" amendment (frank lautenburg of NJ - big time anti) and you don't even have to be convicted of a felony to have your rights stripped...

so, i'd like to see less "zero-tolerance" crap applied, and more "consideration" of the nature of crimes, ...funny how there are some out there who will virulenty fight for felons to vote, but strip away their gun rights, ...in many instances, ..i can see where "voting" is the more destructive of the two
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Old 03-02-2012, 08:55 AM   #3
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Quote:
Originally Posted by wileyC View Post
...funny how there are some out there who will virulenty fight for felons to vote, but strip away their gun rights, ...in many instances, ..i can see where "voting" is the more destructive of the two

Hell yeah...
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