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Constitutional Law

: Of Arms and the Law

Further thoughts on effects of pardons

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Snowflakes in Hell has some thoughts on the effect of a conviction and then pardon in State A, on the person's gun rights if he moves to State B.

I had a related issue once posed in relation to, I believe, Florida. A restoration of all civil rights, including gun rights, means a convicted person is no longer barred from gun ownership. Florida allowed such a restoration but the statute (perhaps unintentionally) allowed it only for residents. So what happens if a person is convicted and moves to another State and then asks for restoration? I think there's a problem with Equal Protection and also with the Article IV prohibition on a State denying nonresidents the privileges and immunities of citizens in the several States.

Full post as published by Of Arms and the Law on May 01, 2010 (boomark / email).

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