TeeJaw Blog

Felons’ Right to Keep and Bear Arms in Colorado

Posted in Government and Politics by TeeJaw on Tuesday, September 20, 2011, 11: 34 AM

A recent Colorado Court of Appeals Case, People v. DeWitt, says they have that right, at least if they are in possession of a gun for their personal self defense.

There is an interesting discussion of this case at The Volokh Conspiracy. Please read the discussion, then take a look at the comment I left there. My comment was the 29th comment so you’ll have to scroll down a ways, or read the first 28 comments. Not a bad way to spend a little time, actually. My screen name there for leaving comments is, what would you think? TeeJaw, of course.

I guess I need to say one more thing. Yes, I am in favor of felons who have paid their debt to society having their right to keep and bear arms restored, especially non-violent felons. No, this position is not because of any circumstance personal to me. I have no criminal record, nary even a speeding ticket (since I ride a Ducati for pleasure that is no small feat).

I believe in the possibility of redemption, just in case anyone was wondering.

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3 Responses

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  1. […] at The Volokh conspiracy. See also, Felons’ Right to Keep and Bear Arms in Colorado GA_googleAddAttr("AdOpt", "1"); GA_googleAddAttr("Origin", "other"); […]

  2. Jim said, on Monday, December 19, 2011, 3: 11 PM at 3:11 PM

    This Richard M. Johnston vs State of North Carolina decision is an exciting development in post- Heller/McDonald jurisprudence at the state level.
    The situation in Colorado fits the North Carolina case very well.
    I’m not up to speed on the particular NC Constitution’s provisions for restoration of rights of citizenship, but the Colorado Constitution is very clear = ALL RIGHTS are restored, and the 10th Circuit has consistently held that subsequent amendment of Colorado Revised Statute 18-12-108 in 1994/2000 to include even nonviolent felony convictions failed to negate the PRIOR RESTORATION OF RIGHTS under Colorado law in the interim thus precluding the prior conviction from being predicate under 18 USC 922. So this case provides an excellent template for a due process declaratory judgement challenge by persons similarly affected under Colorado law.


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