X Y <[EMAIL PROTECTED]> wrote: > In a message dated 7/31/03 4:02:38 PM Pacific Daylight Time, > [EMAIL PROTECTED] writes: > > > > I would have expected by this point that more knowledgeable people than I > > would have responded to Billie's query, but since it's been pretty sparse > > I'm not sure there is a quick or easy summary. I've represented
Okay, here's some more citations to state courts upholding felon in possession statutes, from my book _For the Defense of Themselves and the State_. Felons not allowed to carry or possess arms: People v. Camperlingo, 69 Cal. App. 466, 231 P. 601 (1924); People v. Gonzales, 72 Cal. App. 626, 237 P. 812 (1925); People v. McCloskey, 76 Cal. App. 227, 244 P. 930 (1926); State v. Tully, 198 Wash. 603, 89 P.2d 517 (1939); U.S. v. Tot, 131 F.2d 261 (4th Cir. 1942); Cases v. U.S., 131 F.2d 916 (1st Cir. 1942); State v. Krantz, 24 Wash.2d 350, 164 P.2d 453 (1945); People v. Garcia, 97 Cal.App.2d 733, 218 P.2d 837 (1950); Jackson v. State, 37 Ala. App. 335, 63 So.2d 850 (1953); Mason v. State, 103 So.2d 337 (Ala.App. 1956); City of Akron v. Williams, 113 Ohio App. 293 (1960); State v. Noel, 3 Ariz. App. 313, 414 P.2d 162 (1966); State v. Cartwright, 246 Or. 120, 418 P.2d 822 (1967); Nelson v. State, 195 So.2d 853 (Fla. 1967); State v. Bolin, 200 Kan. 369, 436 Pac.2d 978 (1968); People v. McFadden, 31 Mich. App. 512, 188 N.W.2d 141 (1971); People v. Trujillo, 178 Colo. 147, 497 P.2d 1 (1972); Cody v. U.S., 460 F.2d 34 (8th Cir. 1972); U.S. v. Weatherford, 471 F.2d 47, 51 (7th Cir. 1972); U.S. v. Johnson, 497 F.2d 548 (4th Cir. 1974); State v. Beorchia, 530 P.2d 813 (Utah 1974); People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975); People v. Taylor, 190 Colo. 144, 544 P.2d 392 (1975); People v. Bergstrom, 190 Colo. 105, 544 P.2d 396 (1975); State v. Amos, 343 So.2d 166 (La. 1977); State v. Rupp, 282 N.W.2d 125 (Iowa 1979); Lewis v. U.S., 100 S.Ct. 915 (1980); Carfield v. State, 649 P.2d 865 (Wyo. 1982); State v. Wacek, 703 P.2d 296 (Utah 1985); People v. Barger, 732 P.2d 1225 (Colo.App. 1986); State v. Friel, 508 A.2d 123 (Me. 1986); State v. Ricehill, 415 N.W.2d 481 (N.D. 1987); State v. Comeau, 233 Neb. 910, 448 N.W.2d 598 (1989); State v. Brown, 571 A.2d 816 (Me. 1990). Prisoners denied a right to possess arms: People v. Wells, 68 Cal.App.2d 476 (1945). The State v. Beorchia (Utah 1974) decision is also one of the few that included drug addicts and the mentally incompetent in the category of those that could be properly prohibited from possession of firearms under a state constitutional provision. The cases involving ex-felons are more complicated, especially in the last few decades, as the courts have increasingly restored the civil rights of felons upon completion of their sentences. In People v. Blue (1975), the defendant argued that a statute that prohibited ex-felons possessing �any dagger, dirk, knife, or stiletto... or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds...� would make it �criminal for an ex-felon to cut meat with a table knife, repair his car with a screwdriver...� In People v. Ford (1977), the Colorado Supreme Court found that Colorado�s right to keep arms in defense of �home, person and property� did allow ex-felons to possess pistols and rifles at home for self-defense, but put the burden on the defendant to establish that the weapons were for that purpose. Clayton E. Cramer [EMAIL PROTECTED] http://www.claytoncramer.com Being a citizen of the Republic is not a spectator sport.
