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Some Ex-Felons In New Mexico May Regain Second Amendment Rights

Written by John Odermatt on May 23, 2014

Earlier this month, the New Mexico Supreme Court ruled that successful completion of a deferred sentence restores the Second Amendment rights of a person convicted of a criminal felony offense. This is an extremely important decision in the fight for non-violent felons to regain their natural right of self-defense via firearms ownership.

Before we continue let’s make sure we are clear on the definition of a deferred sentence. U.S. Legal defines deferred sentencing as follows:

A deferred sentence refers to a postponed, or delayed sentence in a criminal matter. In a deferred sentence, the court gives a defendant an opportunity to complete a probationary period before sentencing. If the defendant successfully completes probation (usually not longer than 2 years), at the conclusion of the probationary period the court will review the defendant’s file and may dismiss the charges against him/her. If, however, the defendant does not follow all of the terms and conditions of probation the court may enter the conviction and sentence the defendant accordingly.

Depending on the jurisdiction, a person may or may not have a permanent record of the crime on their criminal record after a successful completion of the probationary period and subsequent dismissal of the charges.

Now that everyone has an understanding of the term deferred sentencing, we’ll start to examine the case against John Oliver Reese. This case was the catalyst for the historical ruling that enables some felons to regain their right to own a gun. Back in 1992 Reese entered a no contest plea in the 2nd District Court to a single felony of tampering with evidence. The court deferred his sentencing and placed him on probation for eighteen months. The charges against Reese were dismissed once he completed the probation.

Fast forward more than ten years and according to court documents Reese found himself amid “a maelstrom of domestic strife” involving his current wife, ex-wives, and a girlfriend. Accusations of domestic violence by his current wife and his ex-wife tipping off the authorities to Reese being a convicted felon that owns firearms, led the U.S. Bureau of Alcohol, Tobacco and Firearms to obtain a warrant to search Reese’s home. During the search they confiscated more than thirty firearms, along with ammunition. Reese was charged with a twenty-four count federal indictment that related to the owning of firearms while being a convicted felon.

Reese questioned the validity of the claim that he was a convicted felon. He disputed that he did not have a prior felony due to the conviction against him having been dismissed after successful completion of his deferred sentence. He entered a conditional plea to a single charge and took the case to the 10th Circuit Court of Appeals in Denver.

(For the rest of the article, click the link.)

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8 thoughts on “Some Ex-Felons In New Mexico May Regain Second Amendment Rights

  1. Phillip the Bruce says:

    The 2nd Amendment allows no exceptions. Laws restricting "Felony convicts" from owning firearms violate that Amendment. While it may make sense to say that they cannot own weapons while in prison, why are they in prison? What good does that do anyone? See "Victims' Rights" by Dr. North.

  2. This entire issue would be moot if the 1700 Founders had not rejected Yahweh's immutable triune moral law (His commandments, statutes, and judgments) for their Enlightenment concepts, which led to our present unbiblical penal system.

    Under a Biblical government, tax-paid-for prisons are superfluous. Under a Biblical penal system, convicted capital criminals (the type most likely to unlawfully use firearms) are put to death immediately (Ecclesiastes 8:11). Non-capital criminals are required to pay two to five times restitution (depending upon the nature of their crime) to their VICTIM (Exodus 22:1ff). If they cannot pay the required restitution, they are sold into indentured servitude until their debt to their victim has been paid (Exodus 22:3). If they refuse to pay restitution, their contempt of court (of Yahweh) is a capital crime for which they're to be to death (Deuteronomy 17:12-13) immediately (Ecclesiastes 8:11).
    Perfect, just like we're informed in Psalm 19:7. Under such a system, innocent taxpayers (including victims) would not be burdened with having to pay for the upkeep and entertainment of criminals in a prison system that has been proved to be ineffective in the rehabilitation of criminals and the deterrent effect upon society would make crime all but unheard of.

    For more, see online Chapter 17 "Amendment 8: Bail, Fines, and Cruel and Unusual Punishments" of "Bible Law vs. the United States Constitution: The Christian Perspective" at http://www.bibleversusconstitution.org/BlvcOnline….

  3. Guest 1 says:

    As far as the Government is concerned Rights are what they and their Courts say that they are.

    We must push Legislatures and Courts to change what is meant by a Right.

    We push Legislatures through pressure – lobbying, punishment and constant pressure. No let up. Ever. Part of shooting practice is writing letters and sending money to Gun Rights groups. Forever.

    We push Courts by bringing repeated Suits. The Environmentalists have pushed a whole bunch of "new" Pollution laws through suits. If they can do is so can we. We do this through sending money, creating new ideas and ways of framing our rights.

    We cannot let the Courts decide on their own. They will rule whatever is convenient for them.

    We cannot let the Legislatures decide on their own. They will rule whatever is convenient for them.

    We have to make their convenience what we want it to be. So that ruling for us is the "line of least resistance".

    In other words, "Keep the Pressure On".

  4. For two reasons why the Second Amendment is doomed, see http://www.constitutionmythbusters.org/the-second….

  5. Good thing we're not a theocracy. Biblical penal systems were barbaric.

  6. Way to go repeat the title: Some ex felons in New Mexico may regain second amendment right. While a innocent Marine is held in prison in Mexico and nothing is being done about getting him out. Obama and his corrupt administration could care less.

  7. TexasDeb says:

    2 U.S. Code § 5207 – Firearms policies

    Prohibition on confiscation of firearms

    No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—

    (1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

    (2) require registration of any firearm for which registration is not required by Federal, State, or local law;

    (3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

    (4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

    (b) Limitation

    Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.

    (c) Private rights of action

    (1) In general

    Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.

    (2) Remedies

    In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.

    (3) Attorney fees

    In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

  8. TexasDeb says:

    The 2nd Amendment is settled law. The 2nd Amendment is the law of the land.