This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
2nd Amendment Rights Of The Accused In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000298
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to misuse weapons.
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.
22nd Amendment - Two-Term Limit on Presidency. Constitution Center.
Federal law outlaws the possession of firearms or ammunition by several categories of people, including: convicted felons. anyone who's been convicted of a misdemeanor for domestic violence or is under a domestic violence restraining order.
To get your gun rights back you'd need a California pardon based on a Certificate of Rehabilitation and a finding of innocence. This should satisfy the Federal government,though I must warn you they are difficult if not virtually impossible to get. You would have to apply to the governor for a pardon.
Andd so, the flip side though is that weapons that are "dangerous and unusual" do not get protection. So even if you might think, oh well that's fairly common. if it's dangerous and unusual. usually meaning if it's mostly used by those who are intent on doing harm unlawfully, then they're not going to be protected.
The following are some of the protections offered during the process of a criminal case. Due Process – 5th And 14th Amendment. Right To Counsel – 6th Amendment. Speedy Trial – 6th Amendment. Jury Trial – 6th Amendment. Confrontation Of Witnesses – 6th Amendment. Suppression Of Evidence – 4th Amendment.
The word 'infringe' in the Second Amendment states that the government may not take away a person's individual right to keep and bear firearms. The phrasing in the amendment is '...the right of the people to keep and bear Arms, shall not be infringed.