For decades, this correspondent has considered the possibility of presidential pardons for persons convicted of non-violent offenses which are infringements on the rights protected by the Second Amendment.
In his recent YouTube video, Mark Smith explains his idea for pardons with some details about what was politically possible during the second Trump administration. Smith persuasively argues the Trump administration would be open to pardons for people who have been victimized in prosecutions, which are persecutions of people peacefully exercising their rights.
An individual or organization will be needed who can act as an organizational hub to verify cases and present a list of candidates to the Trump administration. All Second Amendment supporters could nominate candidates to the list of those who should be granted a presidential pardon for non-violent actions which arguably should have been protected by the Second Amendment.
In the video, Smith mentions some qualifications for the list. Not all people who have been persecuted in this manner will qualify for a presidential pardon.
The person has to have been convicted of a federal crime. Far more people have been victimized with state and local prosecutions than for federal crimes. Many are victimized by the process but never convicted.
The conviction must be for a non-violent crime. Mark specifically mentions things like possession of a short barreled rifle, or a silencer, without a tax stamp. This correspondent would add possession of a firearm in a gun free school zone, or perhaps a “straw purchase” of a firearm for someone who has no legal disability from owning a firearm, such as the Abramski v. United States case.
Cases in which a plea bargain was made to avoid prosecution for a violent crime should be avoided. Simple cases are better than complex cases.
Highest priority should be those who are in prison. The second priority should be those who were unjustly convicted and denied their rights. Many can remember injustices going back several decades. No president before Trump has had the courage to pardon people prosecuted and convicted for peacefully exercising rights which should have been protected by the Second Amendment.
We must be careful about ongoing cases. We do not want to “moot” cases that promise to restore Second Amendment rights in the courts. If a pardon is granted, the court may drop the case as moot, where a controversy no longer exists.
This correspondent is not volunteering to create and administer such a program. It is likely to become a full-time job. Perhaps an existing organization could add it as a part of their program. It is likely contributions to such a project could fund the necessary time and expense.
Such a list should be open to public viewing and searching to avoid duplicate efforts.
Here are some obvious and recent candidates:
- Matthew Hoover in the AutoKey case
- Kristopher Justin Ervin in the AutoKey case
- Patrick Tate Adamiak for selling legal gun parts.
- Jeremy Kettler on selling silencers under legal sanction by Kansas
- Gabriel Metcalf, Gun Free School Zone, appeal in progress.
Here are a couple of older cases; there are a large number of them.
- Robert W. Stewart, Jr., political prosecution, from 2001, State restoration of rights considered invalid by federal court.
- David Olofson, transfer of malfunctioning rifle.. so-called machine-gun, 2009.
Readers are welcome to suggest additional cases in the comments. Please follow the guidelines above.
Federal cases only, non-violent, and which have already been convicted of a federal crime, where the Second Amendment is implicated, and a pardon is appropriate.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
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