If you wonder why the Second Amendment is as clear as it is, this is the reason.
(Controversial Times) Tamon Stapleton. age 18, from Knoxville, Tennessee was in the process of committing an armed robbery earlier this year when he was shot and killed by an armed citizen.
Stapleton was shot and killed by Isaac Scruggs. Scruggs is a convicted felon, however authorities decided not to charge him for possession of a firearm since he acted in defense of the store clerk. Stapleton was holding a loaded gun to the clerk’s head.
The Second Amendment doesn’t say “only if you’ve never previously committed a crime.”
It says shall not be infringed.
This is exactly why it says that, and it is exactly why I have maintained that even if you’re a convicted criminal once you have served your sentence (whatever it may be) the Constitutional right to keep and bear arms still applies to you.
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It is never the mere possession (keeping and bearing) of a weapon, no matter what sort, that is the problem. It is what you do with it. The person who has committed a serious (felony) crime and is thus under the public fact that he or she has done so is disadvantaged on a permanent basis simply from that public fact, and as a result is going to be living in a poorer part of town, have trouble renting a place to live and finding a job. This doesn’t void that person’s right to self-defense, it in fact enhances it because they are more-likely to become the victim of a crime.
In this case the former criminal, who had served his sentence, used a weapon to stop a forcible felony in process.
He did a meritorious — even valorous (as drawing was at risk to his own life) thing.
It is for this very reason that such “laws” must be struck; not only are they flatly unconstitutional but they serve to deter people who have served their sentences and have no intention of committing any further offense from acting in defense of themselves and, as was the case here, others.