Thursday, December 31, 2015

Followup WI: Milwaukee Shooting Self Defense; Possession of Gun a Crime

On July 26th, 2015, there was a shooting in Milwaukee, outside a bar.  One man attacked another.  The man who was attacked defended himself by shooting the attacker, who died at the scene.  We know that the story is close to that because the Milwaukee prosecutor has ruled that the shooting was in self defense.  What is worth thinking about is that the shooter was carrying the gun he used to defend himself illegally. As a convicted felon, Augusta Walton, 34, has been charged with one count of possession of a firearm by a felon.
MILWAUKEE — Milwaukee police say a July homicide has now been ruled self-defense.

The homicide happened on July 26th, 2015.


Police say they have been notified by the Milwaukee County District Attorney’s Office that this incident has been ruled self-defense.

The suspect in this case, 34-year-old Augusta Walton, was charged with one count of possession of a firearm by a felon.
Being a convicted felon places a person on the federal list of people who are barred from purchase and possession of firearms by federal law.  There are about 1.9 million people who are in that category and on the federal list of prohibited possessors. 

But does the right to defend one's life end with conviction for a felony?  In Augusta's situation, it was legal for him to defend themselves, but not to possess the means of defense.

Currently, it is very difficult for someone with a felony conviction to regain the right to arms.  In some states it can be done, though it is a laborious process.  It is almost impossible to have a federal felony conviction reversed.  One of the few ways to do so is to get a presidential pardon for the crime.  Some are given; I have seen exactly one, presented to me by a student at a concealed carry class, to show that he was eligible for the concealed carry permit.

A path to regain rights lost should be clear and obvious, and not take an enormous amount of money to activate.  It would act as an incentive for felons to stay on the right side of the law.  And that would mean that everyone wins.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


Anonymous said...

Notice how this case violates the second amendment. where in the second amendment does it say any person for any reason is not permitted to protect themselves. a conviction is for a specific sentence once the sentence is served you have finished your penalty. You get released WITHOUT ANYONE DESIGNATED TO PROTECT YOU. THE USSC HAS ALREADY RULED THE DUTY OF THE POLICE IS NOT TO PROTECT ANYONE BUT TO INVESTIGATE CRIME AND ARREST THOSE THAT GET CHARGED. Every citizen has a right to self defense if they are not in jail.

Anonymous said...

While not with guns, the right to defend yourself has to exist even when in jail. Attempting to strip people of their inalienable rights, even within prison, doesn't pass muster. It is indeed cruel and unusual punishment. If not, then anyone in jail is free to attack another, as the target would not have the right to defend themselves, their own life. It is RIDICULOUS. Do inmates "lose' the right to pray?
Of course not. Stop this nonsense. Let's have some common sense.

When out of jail, felony or not, there exists the right to arms. Wanna see the idiocy play out?

In illinois now, if you toss three cigarette butts out of your cars window, your conviction results in . wait for it. FELONY.

Littering. No gun rights. Uh huh. See the "felony" factor. But look no further than "misdemeanor"! We have ALREADY left the innocuous "violation' becoming a felony, the "felony" infringement has already move to misdemeanors!

These things, all of them, are EXACTLY why the rights enumerated, keeping and bearing, SHALL NOT be infringed. Given ANY in, even an inch, they take it light years. Proof is in the pudding as I just pointed out.

Screw this "getting your rights back" garbage. How about sticking to the Declaration and the Constitution? How about "They cannot take them away in the first place"!