Expert: Dean Speir - 1/21/2009

Question
I recently sent a question, and was pleasantly surprised at how fast you replied. I was a little dissappointed in your reply, though. You ask how this pertains to the second amendment? I'll tell you... The second amendment gives me the right to carry a pistol, to own guns, and to protect me and my family from criminals and corrupt government alike. I asked if an individual with my record was still able to get a CCW permit, so I'm sorry if we disagree here, but I believe this has everything to do with the second amendment and what it stands for. Not trying to rant, and I mean no disrespect. No reply is needed unless it is to answer my original question, I know you must be very busy. Thanks, J

Answer
Hello again, Jesse...

First things first. Here is the link to your original question and my response: http://en.allexperts.com/q/2nd-Amendment-Right-343/2009/1/CCW-permit-eligibility...

Now to your follow-up.

I think you have a somewhat distorted view of the Second Amendment, which reads: "a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

I won't ask you how you interpret that to afford you "a right to carry a pistol," or where it speaks to protecting one's "family" or mentions "criminals and corrupt government," because I don't wish to take up any more time with what is demonstrably a flawed notion.

But one thing you should know is that many convicted criminals lose their Rights… not just the ones granted by the Second Amendment to the Constitution and re-affirmed last Summer by the Heller decision.

Very simply, they are no longer "Citizens in Good Standing," and suffer from what is known as "Civil Disabilities."

It was not my intention to provide a lengthy primer on the Second Amendment, only to tell you that your original inquiry was not a Second Amendment question, but a Criminal Justice one, and that you should address your question to the Maine State Police, or a local attorney familiar with your types of convictions.

Now you were polite, and I was polite in my response, and you've continued to be polite in your reply, and so I've afforded you a fuller sur-reply than I ordinarily would.

But I'm not going to argue about this with you. I've told you how to get an authoritative answer to your original question, and that will have to satisfy you.

For more about the issue of the Second Amendment today, see http://www.thegunzone.com/rkba/rkbadex.html

Again, g'luck to you.