Criminal justice reform is gaining momentum in mainstream politics. Just a few years ago, legislation to restore freedoms to non-violent felons would have been denounced as a kooky idea introduced by fringe politicians and would have been defeated swiftly by the political establishment. Recently, The tide has slowly been turning in favor of restoring rights to those that were convicted of non-violent crimes.

Over the past few years, I have grown passionate about telling the stories of those that have been abused by the criminal justice system. This is the reason why I started writing this Felony Friday feature you’re reading today.

In the first installment of the Felony Report on the Lions of Liberty Podcast, I referred to the injustices committed against non-violent felons, and the consequences of those injustices, as the “plight of felons.” Until recently, one of the most unfortunate aspects of being convicted of a non-violent felony was the utter hopelessness associated with the prospects of regaining individual rights that have been stripped, most notably the right to bear arms and the right to vote.

Recently, some progress has been made related to the restoration of rights for non-violent felons. In California, Prop 47 reduced many drug crimes from felonies to misdemeanors, thus retroactively granting some convicted felons their right to bear arms and the right to vote. While there is still plenty of room the criticize the continued criminalization of drug use, possession, or trade, the reduction of penalties from felonies to misdemeanors was enough to encourage many liberty activists to vote in favor of the measure.

In Washington D.C., lawmakers from both parties have proposed legislation that would serve to restore some rights to convicted felons upon release. Republican Senator Rand Paul broke from his party’s “tough on crime” mold by proposing a bill last year that would restore voting rights to non-violent felons. Democrat Senator Ben Cardin followed Paul’s lead months later by introducing the Democracy Restoration Act, which would seek to reduce recidivism rates by restoring voting rights to felons after they have served their time.

Washington thrives on compromise and bipartisanship. Normally, this results in the distortion of potentially good legislation by undermining the original intent in good proposals, but in this instance there could be a coalition formed between advocates for the restoration of rights from two camps. One camp is seeking the restoration of voting rights cited above. The other camp is comprised of Second Amendment advocates that would like to see felons returned their right to bear arms upon release.

The Daily Beast reports on this unlikely marriage of ideas:

However, advocates of criminal justice reform are nervous about Sen. Chuck Grassley, who heads the Senate Judiciary Committee, and has not been gung ho about some of these ideas. He’s skeptical about reforms to mandatory minimums, for example, viewing them as a source of “stability in the criminal justice system.” The thinking goes that Grassley—a senator with an “A” rating from the National Rifle Association—might be brought to the negotiating table on voting rights if the right to bear firearms were in the mix (Grassley’s office did not comment for this article). It’s a long-shot idea, and in its embryonic stage. But tough-on-crime conservatives aren’t likely to budge on the restoration of voting rights to felons—who, they suspect, will not vote for their candidates if re-enfranchised—if they don’t get something in return.

A coalition between these two group could lead to an enormous win for convicted felons in their struggle to regain individual rights. But we have a long way to go to before this legislative milestone becomes a reality.

In order for this type of legislation to garner sufficient support, the people in this country will need to fully support the measure. If the people do not support returning felons rights, then politicians will not support it due to fear of the repercussions inflicted by their constituents who think that limiting the rights of felons keeps them safe. .

Before felons have the right to vote or to own guns restored, society will need to accept a couple truths.

First, a person is not truly free if they are not permitted by law to defend themselves or their property. Releasing a felon, but restricting their ability to legally defend themselves by utilizing a firearm, distorts the concept of freedom.

Second, restricting a felon’s ability to own guns does not make society safer. If a felon truly wants to commit a crime, then being prohibited from owning a gun will not stop them from obtaining a firearm. If an individual plans to break the law, then it is illogical to believe fear of breaking another law first will discourage their plans.

It is time we return the right to vote and the right to bear arms to felons. So many lives have been wasted and so many have suffered as a result of these restrictions being placed on felons. These restrictions add to the stigma that felons cannot be trusted, even once “reformed” by the criminal justice system. It is time to debunk this stigma and return felons their individual rights.

Check out the debut of the Felony Report on the Lions of Liberty Podcast!



Check out the full archive of Felony Friday!

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