Depending on the crime, if you are convicted of a felony, chances are you loose your right to own a gun. But a Northern Michigan Congressman is hoping to change that by restoring the second amendment rights to some convicted criminals.

A viewer got wind of this and had some questions. The answers I found for him are the subject of this fact finder.

Congressman Bart Stupak (D-Menominee) believes deeply that "The 2nd amendment is a basic sacred right we have. Let's enforce it honestly across the board. Let's get these states to clean up these antiquated laws." Federal law prohibits individuals convicted of felonies from owning guns. Congressman Bart Stupak says he doesn't have a problem with that. The problem for the Congressman arises when all convicted criminals are lumped into one category when it comes to gun ownership. The Congressman told me "If you committed a violent felony you shouldn't own a gun. But if you committed a youthful indiscretion that is not a serious crime you should still enjoy your second amendment rights."

The problem arises because the federal law that bans felons from owning guns also gives states the discretion to determine which state crimes are treated as felonies when it comes to gun ownership.

Congressman Stupak says something needs to be done because "states have some really antiquated laws. Some states treat individuals who are convicted of a minor misdemeanor at the state level, really treat those as felonies for the purpose of gun ownership. We thought it was really unjust."

So Congressman Stupak is hoping to change that. The Congressman has introduced legislation in the U.S. House of Representatives to restore the gun rights of individuals convicted of what he describes as "minor, non-violent crimes." If passed, it would set up a standard for all states to reevaluate who should and shouldn't be able to own a gun. Mr. Stupak says "We would hope that the state would take a look at this in the spirit of the law and say ok maybe 30 years ago that was classified a felony, but now it's a misdemeanor. Therefore you can own a gun. A good example would be 30 years ago when I was in law enforcement; possession of marijuana was a felony. Now most places it's a misdemeanor."

The Congressman's efforts are pinpointed in a bill titled H.R. 2153, the Second Amendment Restoration Act. (I have posted the bill below). The motivation behind it came from something that happened decades ago in the Congressman's backyard. The Congressman told me the story of a man who "at 17 he broke into a hunting cabin. It was a non felony. He pled to it, basically his record was cleared, but he had this conviction on it for breaking and entering on an unoccupied building, a non felony. Because of that it fell under a category. He is not allowed to have a gun and in the state of Michigan not allowed to get a hunting license, own of posses a firearm, or have one registered in his name."

So if HR 2153 makes its way into law the Congressman hopes that some of those have been given a second chance, get back their second amendment rights. After all Mr. Stupak says "We all make mistakes, make a mistake there is no violence in it, and all your rights have been restored you've paid your debt to society. There is no reason for you to be deprived your right to go hunting."  

So what do you think? Does this make sense to you? Do convicted criminals deserve a second chance when it comes to gun ownership if they have served their debt to society? Would you put condition on the restoration for gun ownership rights?

I want to hear what you think. Please leave a comment below.

The National Rifle Association has endorsed the legislation. To read a letter of support click on

http://www.house.gov/stupak/NRAletterHR2153.pdf

111th CONGRESS