"ATF Form 4473 is required for any gun purchase and it has an entire section regarding things that disqualify a purchaser from owning a gun, notably line 21, items c and d:
“c. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?
d. Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”
Currently, we have, running for President, a person who has just been convicted, qualifying them under line d, and, who is facing 3 other indictments, qualifying them under line c.
If they aren’t qualified to own a gun, and, in fact could be arrested for “felon in possession” should he obtain a gun, how on earth does that allow him to be qualified to lead the armed forces as “Commander in Chief”? Why would he be allowed access to the “nuclear football” which is, really, the ultimate gun?
Can we please get some kind of legislation dealing with this? Either barring convicted felons from the office of the President, or, alternately, highly restricting felonious Presidential access to the military and high order weapons?"
Generally, because of his criminal conviction and his intention to run for office, there’s a lot of interesting legal questions that will make for new law when we litigate them.
I do like your argument, unfortunately I’m pretty sure most courts will disagree. It’s two fold: first of all if you make felons unable to run, you incentivize people to prosecute someone when they wanna run for office. Secondly, this form is pretty straightforward with what possession or acquisition of firearms means. There is not enough wiggle room to stretch that definition to fit the a guy in his role as president being commander in chief over the military. I think no reasonable court would greenlight that argument.
But in general there’s gonna be very interesting implications.
Republican congressmen and women and Republican Senators will just say it’s a hoax trial and a corrupt justice system. It’s not a sane world right now.
If their past behaviour is any guide they could also allow felons to own weapons, or at least carve out exceptions for access to nuclear weapons and advanced militaries.
No, the 2nd Amendment clearly says that the right to own guns is for the purpose of a well-regulated militia. The courts are the ones who interpreted that to mean every citizen [1, Heller]. And the courts also are the ones who have afforded such State restriction legislation as being Constitutional [1, Cruikshank].
In any case, it would likely require an amendment to the Constitution to directly change the qualifications for being President.
Sent a note to my Senators and Congressman:
"ATF Form 4473 is required for any gun purchase and it has an entire section regarding things that disqualify a purchaser from owning a gun, notably line 21, items c and d:
“c. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?
d. Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”
Currently, we have, running for President, a person who has just been convicted, qualifying them under line d, and, who is facing 3 other indictments, qualifying them under line c.
If they aren’t qualified to own a gun, and, in fact could be arrested for “felon in possession” should he obtain a gun, how on earth does that allow him to be qualified to lead the armed forces as “Commander in Chief”? Why would he be allowed access to the “nuclear football” which is, really, the ultimate gun?
Can we please get some kind of legislation dealing with this? Either barring convicted felons from the office of the President, or, alternately, highly restricting felonious Presidential access to the military and high order weapons?"
Being a convicted felon, can he even vote for himself now? I’m pretty sure Florida doesn’t allow felons to vote.
Generally, because of his criminal conviction and his intention to run for office, there’s a lot of interesting legal questions that will make for new law when we litigate them.
I do like your argument, unfortunately I’m pretty sure most courts will disagree. It’s two fold: first of all if you make felons unable to run, you incentivize people to prosecute someone when they wanna run for office. Secondly, this form is pretty straightforward with what possession or acquisition of firearms means. There is not enough wiggle room to stretch that definition to fit the a guy in his role as president being commander in chief over the military. I think no reasonable court would greenlight that argument.
But in general there’s gonna be very interesting implications.
And they won’t say no
…Because of the implications
Republican congressmen and women and Republican Senators will just say it’s a hoax trial and a corrupt justice system. It’s not a sane world right now.
If their past behaviour is any guide they could also allow felons to own weapons, or at least carve out exceptions for access to nuclear weapons and advanced militaries.
Oh, well if you sent it, I’m sure they’ll listen…
Oregon Senators and Representatives are remarkably responsive… But we need more people to message their Representatives.
Well said
The Constitution clearly lays out the qualifications for POTUS. You can’t make legislation that overrides it.
The 2nd Amendment clearly says that the right to own guns can’t be restricted and they passed legislation restricting it.
No, the 2nd Amendment clearly says that the right to own guns is for the purpose of a well-regulated militia. The courts are the ones who interpreted that to mean every citizen [1, Heller]. And the courts also are the ones who have afforded such State restriction legislation as being Constitutional [1, Cruikshank].
In any case, it would likely require an amendment to the Constitution to directly change the qualifications for being President.
[1] - https://supreme.justia.com/cases-by-topic/gun-rights/
Jordan spitting some logic. Love it. I’ll do the same when I sober up tomorrow.