The current system that permanently disenfranchises felons from their right to own firearms and vote, particularly in cases of non-violent offenses, poses significant challenges to social reintegration and democratic participation. This proposal aims to reform these policies by restoring these rights under specified conditions, promoting rehabilitation, and ensuring that individuals who have served their time can fully participate in society.
Part 1: Restoration of Firearm Rights for Non-Violent Felons
Eligibility Criteria:
Non-Violent Felons: Defined as individuals convicted of crimes that do not involve violence, threat of violence, or significant danger to others (e.g., drug offenses, fraud, embezzlement).
Rehabilitation Period: Must have completed all terms of their sentence, including probation or parole, and demonstrated six months of good behavior post-release.
Restoration Process:
Application: Felons meeting criteria can apply for restoration through a state or federal body responsible for background checks and firearm licensing.
Review: Applications are reviewed based on:
Behavior Post-Release: No further criminal convictions or significant legal infractions.
Mental Health: A psychological evaluation to determine if the individual poses a risk to public safety.
Community Engagement: Evidence of reintegration efforts, such as employment, community service, or educational achievements.
Decision: A panel or automated system, depending on the state, makes a decision. If approved, the individual’s right to own a firearm is restored, registered in a national database.
Safeguards:
Tiered Licensing: Initially, rights might be restricted to certain types of firearms (e.g., hunting rifles but not handguns).
Education: Mandatory firearm safety and responsibility courses before license issuance.
Part 2: Automatic Restoration of Voting Rights for Non-Violent Felons
Policy Implementation:
Immediate Restoration: Upon completion of their sentence (including probation or parole), non-violent felons automatically have their voting rights restored without the need for application or special pardon.
No Waiting Period: Unlike firearm rights, voting rights are restored immediately to prevent undue disenfranchisement.
Public Awareness and Education:
Notification: Automatically inform affected individuals about their restored voting rights through official channels.
Voter Education Programs: Initiatives to educate formerly incarcerated individuals about the electoral process, voter registration, and civic engagement.
Legal and Administrative Framework:
Legislation:
Amend existing firearm laws and voting rights statutes at the federal and state levels to reflect these changes.
Establish clear definitions of what constitutes non-violent offenses to avoid ambiguity.
Implementation Phases:
Phase 1: Legislative change and creation of administrative bodies or processes for handling applications for firearm rights.
Phase 2: Public awareness campaigns and education on restored rights.
Phase 3: Full integration into the legal and social fabric, ensuring these rights are recognized and enforceable.
Challenges and Considerations:
Public Safety: Balancing the rights of individuals with public safety concerns requires careful consideration and potentially staggered implementation.
Legal Challenges: Potential for court challenges regarding Second Amendment rights and voting rights under state and federal law.
Cultural Shift: Changing public perception about the rehabilitation and rights of felons requires extensive educational outreach.
Conclusion
This policy proposal seeks to align the principles of rehabilitation with constitutional rights, ensuring that non-violent felons, who have served their time and demonstrated good citizenship, are not permanently excluded from key aspects of American life. By providing a pathway to restore these rights, society reinforces the belief in second chances, promotes successful reintegration, and upholds democratic principles.
I think a cooldown period is wise. Maybe they were “snitched on” and have a bone to pick with someone. Prison is a tremendously discombobulating experience. It’s good to give people time to reorient themselves in the real world. Plus most are released on parole/probation.
So what you’re saying is you don’t see their “time served” as sufficient?
They weren’t violent before, but they are going to become violent now?
Maybe 6 months or perhaps even a year… but 5 years?
Why do you think it takes that long to “cool down”?
It looks to me like it’s simply more punishment than a societal protection…
If we believe clearly non-violent felons deserve their 2A rights restored (and I’m not even sure we constitutionally had the right to deny them in the first place in these specific cases) then why isn’t something like “completion of parole conditions but no less 12 months total including time served” sufficient?
You can either trust them or you don’t, I don’t see why it takes 5 years for their character to be restored…
This is kind of an aside, but since we have both federal and state systems, it seems like this, at least the 2A part, becomes at least 51 policies (federal + 50 states)…
In the “Feedback” I put in a request to provide a hierarchical categorization alongside the logical so we can distinguish different levels of policies. This seems like one of those that would fall into both federal and state level proposals.
I served my time, released on March 3, 2003, 21 years ago. I have not reoffended. I have paid all restitutions. My debt to society has been paid. I am a good man, a good father, and a good husband, but still live with past mistakes hanging over me, restricting me from being a true active American!!
Convicted felons of non-violent offenses should be able to get all of their rights back once they have served their time and gone 5 years with no criminal activity or conviction including voting rights.
I can understand why you wouldn’t want to give violent felons their firearm rights back, but why only allow non-violent felons their voting rights back? Why not allow ALL felons to have their voting rights back? They have done their time, they are contributing members of society, yet they don’t deserve their voting rights back? They pay all their Federal, State, and Local taxes they do as their supposed to, her they never get their voting rights back? Seems a little harsh.
I agree. Whether you’re a felon or not, if you’re an American citizen, you should have your voting rights restored after completion of all your requirements from the Court. We did this in Florida and the world didn’t stop spinning. Why continue punishing someone by withholding the rights the dumbest among us have access to? It seems an awful lot like double jeopardy and let’s not forget our ancestors were often sent here as punishment for “crimes” in England, Scotland and Ireland and they received the right to vote upon naturalization. Americans are Americans regardless of background.
All non violent offenders, if having done all of the required programs, restitution, etc. Should have their rights restored automatically. Some states make you jump through hoops and this process can take 2 years. It’s been 25 years since my theft and drug convictions and i can’t legally protect my family. It’s not right! There should be a set period of time after completion of all of this and rights automatically restored! That is not asking too much for those of us that made mistakes but actually learned our lesson and made those changes to live a life without breaking laws.
I agree. I won’t sit here and say i was always an upstanding citizen, but i shoplifted $301 worth of stuff 20 years ago and now I can’t legally defend my family when i’ve held the same job, paid my bills and taxes on time and volunteered tirelessly for my community to pay back for my errors of youth. I’ve never committed a violent crime, even one i wasn’t caught for. My husband is disabled, we’re now senior citizens and we live in a rough neighborhood. How is this fair?
Double jeopardy happens often in the federal “justice” system, the classic case is charging both “possession” and “receipt” for the same evidence (illegal firearms for example). Minimum sentences abound and rob judges from using the judgement they are paid to employ and are also blatantly unconstitutional. People are labeled felons for completely non violent and victimless crimes, robbing them of freedom of movement, employment opportunities and 2nd Amendment rights which is ALSO unconstitutional.
I would like to see if and how we can integrate the category of convicts receiving rehabilitation into life-stabilizing programs that will also addresses their mental health.
Come browse my policy and feel free to collaborate with me,
What’s the old saying about only one Perfect Person? I’m glad God is a God of second chances–for all our sakes.
I agree with OP regarding “non-violent” crimes–with the caveat it is a “one-time” second chance (i.e., when your rights are restored and you screw it up again, no more second chances!).