Life Sentence for Marijuana Possession Upheld in Mississippi
Category: News & Politics
Via: jbb • 2 years ago • 39 commentsBy: Aaryn Urell (Equal Justice Initiative)
In a divided opinion, the Mississippi Court of Appeals upheld Allen Russell's sentence to life imprisonment without parole for the nonviolent offense of possessing marijuana, rejecting his argument that the punishment does not fit the crime.
Mr. Russell was arrested in his apartment in November 2017 wearing only a white tank top and his underwear after Hattiesburg police breached the windows of his apartment and exploded a flash bang grenade by his front door, then entered the apartment and threw a chemical agent to force Mr. Russell out.
After arresting Mr. Russell, police seized a pair of jeans from the apartment. They found bags in the jeans that were tested and found to contain 43.710 grams of marijuana.
Mr. Russell was convicted of possession of marijuana in an amount greater than 30 grams but less than 250 grams—an offense punishable under Mississippi law by a $3,000 fine, up to three years in prison, or both.
Possessing marijuana is not a crime at all in 17 states, Washington, D.C., and Guam.
But prosecutors argued that Mr. Russell should be sentenced to die in prison under Mississippi's habitual offender statute, which requires a life-without-parole sentence for every person who has been convicted twice previously of any felony if at least one of the felonies was a "crime of violence."
Mr. Russell's prior criminal history was limited to three nonviolent convictions. In 2004, he pled guilty to two counts of burglary of a dwelling for two burglaries of the same house just two days apart. He was sentenced to an alternative program for nonviolent first offenders, followed by probation. He later failed to complete a program at a restitution center and for that technical violation, he was sent to prison for more than eight years. In 2015, he pled guilty to possessing a firearm.
None of Mr. Russell's prior convictions was defined as a violent crime, and the State presented no facts showing that Mr. Russell had done anything violent. Instead, as Presiding Judge Jack L. Wilson pointed out in his dissent, the fact that Mr. Russell was sentenced to the alternative program and probation suggests the burglaries did not involve acts of violence.
That would not have been enough evidence to trigger a life-without-parole sentence when the burglaries occurred.
Prior to 2014, the State had to prove actual violence during commission of a burglary to designate burglary of a dwelling as a violent crime under the habitual offender law. But in 2014, Mississippi lawmakers defined burglary of a dwelling as a "per se crime of violence."
That change in the law subjected Mr. Russell to a life-without-parole sentence as a "violent habitual offender" for the nonviolent crime of possessing less than two ounces of marijuana.
Judge Wilson wrote in dissent that Mr. Russell's sentence is even more grossly disproportionate than the sentence in Solem v. Helm, a 1983 decision in which the U.S. Supreme Court held that a life-without-parole sentence for a series of low-level, nonviolent felonies violated the Eighth Amendment.
Like Mr. Helm, the dissent reasoned, Mr. Russell was sentenced to the state's second most severe sentence even though his offenses were minor and nonviolent. He was sentenced more harshly than people who committed more serious crimes—and Mississippi punished him more harshly than most other states would for possessing marijuana.
Because the gravity of Mr. Russell's offense, the extent of his prior criminal history, and the severity of his punishment were the same as in Solem, the dissent concluded that Mr. Russell's sentence, like Mr. Helm's, should be struck down as unconstitutionally excessive.
Judge Latrice A. Westbrooks wrote a separate dissent pointing out that Mr. Russell's case reveals the need to reform Mississippi's mandatory sentencing scheme.
"The purpose of the criminal justice system is to punish those who break the law, deter them from making similar mistakes, and give them the opportunity to become productive members of society," she wrote. "The fact that judges are not routinely given the ability to exercise discretion in sentencing all habitual offenders is completely at odds with this goal."
Mississippi's habitual offender law puts sentencing discretion in the hands of prosecutors, Judge Westbrooks observed, leaving courts with no option but to "rubber stamp" the sentence sought by the State—even if it dramatically exceeds the severity of the crime.
Indeed, the Mississippi Clarion Ledger reported last year that there were 86 people—including Mr. Russell—serving life-without-parole sentences in Mississippi prisons for nonviolent crimes under the state's habitual offender law.
"It is time for those vested with responsibility within the criminal justice system to adjust sentencing mandates to ensure that the punishment is proportional to the crime," Judge Westbrooks concluded.
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Yet, Alan Weisselberg only got five months? Yes, in Rikers, but still...
Damn Manhattan District Attorney, Alvin Bragg's lenient plea deal.
And it is up to 5 months, not necessarily 5 months, maybe even a suspended sentence. the meltdowns will be epic.
Yeah, and so much for denying petty crimes are punished way worse than multi million dollar conspiracies to defraud the US!
NY Attorney General Letitia James has Trump cases coming up.
She must be happy Weisselberg plead guilty, provided evidence and assisted in convicting Trump Org of seventeen felonies...
Butt, as much as Trump is hated in NY he may not survive it...
Who has done that?
What kind of shithole allows prisoners to be killed because they don't like who they work for?
You make NY sound like North Korea.
Many dishonest and pathetic Trump apologists are doing it!
A lot of people believed Epstein was murdered in a NY jail.
If you cannot do the time then do not commit the crimes...
Rightwingers usually accuse NY of being soft on criminals!
Imagine doing life in some godforsaken Mississippi prison...
Didn't Epstein die in a federal facility?
Which ones are as inhumanly managed as NYC's Rikers?
Epstein died at The Metropolitan Correctional Center in NYC...
Bad as they may be, no detentional jails in New York are as wretched as those in Mississippi. So, last warning to get on topic which is a man serving life for pot in Mississippi. It is not about conditions in New York jails or Jeffrey Epstein...
You just said inmates get killed in NY jails. Sad a US state like New York acts like a third world country.
It is sad that every state in the union operates inhumane jails!
Including your own! Yet, nobody in NY State is serving a life term of hard time for mere pot possession. Which, is the topic. Get on it!
Based on what criteria?
[For clarification, the seeder/author can determine what is and what isn't on topic, not you.]
That is very excessive and costs the taxpayers a lot of money
An imposing statue of a donkey should be erected in front of the Mississippi Capitol building, emblazoned with the words "The law is an ass".
LINK ->
Is this reverse "grandfathering" of a law? Because this man's understanding of an established definition of burglary in 2004 was different than this distinction given to burglary in 2014.
This would be a great case for some 'star' lawyer wanting to maintain the integrity of the courts, or for a legal professor to use for teaching rising a hot shot' law student how to win a difficult case, that on its face is winnable!
That said, this is an appeals court and its members should not/do not make opinions affecting the whole of an individual's life lightly.
I
mighthave looked up this opinion:Okay, this is information from the Appeals Court opinion. And I am pissed! Whoever wrote the seeded article left off vital information (bolded) above-I checked the seed and it is not stated or 'recognized in the seed! Bad form! Disgraceful!
At first it appears that the Appeals Court acted with disregard for the law. Then, it appears the Appeals Court acted with any compassion for this defendant, and finally, it appears the State of Mississippi (racially) threw the book at Mr. Russell.
In reading the case assent opinion and dissent opinions. Something striking occurs (see linked pdf above):
1. The Appeals Court acknowledges Mr. Russell had a 2015 gun violation and that at some point prior to 2019 marijuana incident he was notified that his earlier 2004 burglaries disposition had been changed (corrected) in 2014.
2. Mr. Russell's gun violation (2015) was heavily sentenced, but he was given 10 years sentence of which he served only two years with eight years of suspension and post-supervision.
3. Mr. Russell's marijuana offense was in DIRECT and PROSPER violation of the law of Mississippi - despite what anybody feels about it. The law was already on the books!
Thus, the State of Mississippi legally warned Mr. Russell of the life sentence he was 'headed' for within the state—if he stayed in the state. Stupidly, in my opinion, Mr. Russell, stated within 'reach' of his record. Thus, tying the Appeals Courts hands even if it wanted to be compassionate toward his plea. Because this is not a case of Mississippi's legal system treating him racist, or 'throwing the book at him.'
Mr. Russell was fully warned of how the state felt and deals with his activities ahead of time.
Consequently, as the saying goes: If you can't do the time, don't do the crime/s!
There is no basis for the appeals court to overrule the lower court!
Finally this: The writer of this article (Equal Justice Initiative) left out pertinent information from the appeal Justice's opinion. Bad form!
I withdraw my 'consideration' for Mr. Russell in comment 4 above.
Gee, I wonder what a lifelong "non-violent criminal" wanted a gun FOR when he knew it was a felony?
Because of the sickening way 'the Initiative' wrote this article I will respond to your statement; in this manner.
The article nor the Appeal's courts Judges (assenter/dissenters) do not establish the age of Mr. Russell (that I can see). So, I can not decide just how much 'life' is long in him. And now he appears to want 'sympathy' for not understanding the laws of the state he dwelled in-evidence that he is a "negligent" man when it comes to knowing where he is deciding to break the law or is ignorant of the fact that Mississippi will not 'spare' him its 'rod' at some point.
Now, he seems to be begging for leniency; it is not likely even possible to come.
Yeah, I have no sympathy for him at all.
He decided a life of crime was what he wanted, now he reaps the 'rewards', oh well.
He seems like a very slow learner.
Mr Russell is 38 or 39. Nobody suffered violence in the commission of any of his four convictions. Mississippi is notorious for crafting their habitual offender law to allow judges to put scary black men away for the rest of their lives. Yet, Mr Russell is now serving a life sentence for possession of a mere 43 grams, a little over an ounce, of pot. Not exactly equal justice for all...
Many criminals start out non-violent. Since he got a gun charge against him, maybe he was ready to move on to bigger and badder things. Wonder what a convicted felon was planning to do with a weapon?
Not exactly.
He was sentenced under the habitual criminal law. Had he not been convicted of prior felonies, he would not have received the same sentence.
Unless each charge carries a specific sentence that applied to every person without regard to circumstances, there will never be 'equal justice for all'. And of course, parole would be out of the question unless each convicted person was granted it or no parole was allowed at all with no consideration of circumstances.
He is caught fair and square, nevertheless. I can understand laws that there can be and are laws specifically crafted to capture select persons who do not conform to a stated 'system.' The solution to such law-making in the short-term is to leave the state well ahead of committing the 'fatal' act that condemns (you), nevertheless! And likely never go back! Mr. Russell was given a 'break' on the gun charge after serving only two years incarcerated and eight years suspension and post-release supervision. And yet, there he was caught 'red-handed' with (of all things) his "id" and Social Security Card in his pants with the marijuana. Note: Mr. Russell was in the location for quite a long time alone while the police were outside of the dwelling. And yet, he was caught in this way with evidence in his pants pocket?!!
3. In the event that Russell had been unable to hear their previous attempts to contact
him, the officers breached the windows of the apartment after obtaining a search warrant.
They then attempted again, unsuccessfully, to contact Russell. The officers next deployed
a flash bang by the apartment’s front door, which also failed to elicit any response to their
commands for any occupants to exit the apartment. The officers eventually entered the
apartment through the front door. Although they did not immediately see Russell, the
officers observed a closet that contained a stool positioned underneath an opening to the
apartment’s attic crawl space. The officers called to Russell and tried to persuade him to exit
the attic. After Russell failed to respond, the officers threw a chemical agent into the attic
crawl space. Russell finally exited the attic wearing only a white tank top and his underwear.
¶4. After arresting Russell, the officers entered the apartment and observed a pair of blue jeans through
the hole leading to the attic crawl space. Inside the jeans, the officers found
Russell’s driver’s license and Social Security card as well as five bags of a green leafy
substance that appeared to be marijuana. An analysis performed on two of the five bags by
the Mississippi Forensics Laboratory confirmed that the two bags tested contained marijuana
with a combined weight of 43.710 grams.
Point of Correction:
The article above does point out this:
It's there, but a pretty low-key statement, nevertheless.
Restoration of Rights Project
50-STATE COMPARISONS
SELECT A JURISDICTION
50-State Comparison: Loss & Restoration of Civil/Firearms Rights
Contents
1. Voting rights (criminal disenfranchisement)
A. Loss of voting rights due to convictionUpdated: December 2021
* Californians lose the vote only if serving a prison term (not a jail term).
B. Restoration of voting rights lost due to conviction** In Louisiana , any felony if “under an order of imprisonment,” including suspended sentences, parole, but not any period of imprisonment as a result of supervision violation not resulting in revocation.
*** In addition, in Oregon a person convicted of any crime and serving a term of imprisonment in a federal correctional institution in the state is deprived of voting rights until discharged or paroled from imprisonment, or the conviction is set aside.
+ In Utah , incarceration for felonies and election-related misdemeanors.
++ For those in South Dakota convicted prior to July 1, 2012, vote lost only if sentenced to incarceration, including a suspended term.
+++ Also election bribery, in the case of West Virginia , and any bribery, in the case of Wisconsin .
^ In Washington , loss of vote only for felony conviction and incarceration (as opposed to any felony conviction) will be effective January 1, 2022.
^^ Tennessee law is quite complex: eligibility depends on the year of conviction and the offense. For more information, see the state profile .
^^^ Vote lost in South Carolina lost if “serving a term of imprisonment resulting from a conviction of a crime”; or, if an individual has been “convicted of a felony or offenses against the election laws.”
Updated: December 2021
(Note: In addition to the following restoration mechanisms, voting rights may be restored by executive clemency.)
* In Arizona , for individuals with multiple felony convictions, restoration is at the discretion of the court.
** Connecticut’ s 2021 budget bill , the state restored the vote to those on parole, whether for an in-state, out-of-state, or federal conviction, effective July 1, 2021.
*** Delaware excludes individuals convicted of certain serious offenses (murder, manslaughter, bribery or public corruption, sex offense), who must seek a pardon, and anyone convicted of election offenses who must wait 10 years following completion of sentence.
+ A 2020 Iowa executive order restores vote upon completion of incarceration and supervision, with certain exceptions.
++ A 2019 Kentucky executive order restores vote upon completion of incarceration and supervision for non-violent, non-sexual offenses.
+++ In Louisiana , the vote is restored if no longer under “order of imprisonment,” or five years after release from actual incarceration, not including return to custody as a result of a supervision violation not resulting in revocation.
^ In Mississippi , the vote, if lost, can only be restored by the governor or by a 2/3 vote of the state legislature. Federal and out-of-state convictions do not result in loss of franchise.
^^ The vote is restored in Nebraska two years after completion of sentence.
^^^ In South Dakota , vote is restored to those convicted prior to July 1, 2012, upon release or completion of prison term. For those sentenced on or after that date, vote is restored upon completion of sentence, including payment of court debt.
@ In Tennessee , restoration of the vote may depend upon the date of conviction, but includes payment of court debt and child support.
@@ Since March 2021, the vote is restored in Virginia upon completion of incarceration via executive order; constitutional amendment process initiated.
@@@ Restoration in Washington on release from custody will be effective January 1, 2022.
† In Wyoming the vote is restored automatically only to individuals convicted of “a nonviolent felony or nonviolent felonies arising out of the same occurrence or related course of events.” Others must petition the governor.
2. Voting, Jury Service, Public Office & State Law on Firearms
*Note: this first chart covers firearms disabilities under state law.
A second chart below covers firearms disabilities under federal law.
Updated: December 2021
candidate for office or to hold office. May be mitigated by sealing/expungement but not by a pardon. Ark. Const. art. V, § 9; Ark. Code. Ann. §§ 21-8-305; 16-93-301 et seq. Conviction of "public trust crime" permanently barred from officem unless restored by court action. Ark. Code Ann. § 21-8-305(b)(3)(2019).
People with felony convictions are excluded from grand jury service.
See S.D. Codified Laws §§ 16-13-10, 23A-27-35.
3. Firearms Rights Under Federal Law
This third chart illustrates the complex relationship between state and federal law relating to loss and restoration of firearms rights after conviction. Under 18 U.S.C. § 922(g), federal firearms rights are lost upon conviction of a “crime punishable by a imprisonment for a term exceeding one year.” The statutory relief specified in 18 U.S.C. § 925(c) has not been funded by Congress since the early 1990s. See United States v. Bean , 537 U.S. 21 (2002). Under 18 U.S.C. § 921(a)(20), a disqualifying conviction does not include one that “has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored…unless such pardon, expungement, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms.” A similar loss and relief scheme is applicable to conviction of “a misdemeanor crime of domestic violence.” See 18 U.S.C. § 921(a)(33)(B). In general, state offenders who lost civil rights * may avoid federal firearms restrictions if their rights were restored by whatever means, including by operation of law, and if they have no state law firearms disability. See Caron v. United States , 524 U.S. 308, 313 (1998). However, the federal courts have not been entirely consistent in their recognition of particular state law relief mechanisms, or in their interpretation of the “unless” clause. The one thing that is fairly clear is that federal offenders may avoid federal (and frequently state) firearms restrictions only through a presidential pardon. See Beecham v. United States , 511 U.S. 368 (1994); see also United States v. Bean, supra .
It is important to stress that the information in this chart is solely for educational and informational purposes, and does not constitute legal advice. While every effort has been made to ensure that the information is correct and current, the law in this area is complex and constantly changing, and readers are cautioned to research and verify it independently at an official source.
Updated: September 2021
* Convictions that do not result in the loss of any civil rights under state law, such as most misdemeanor convictions, may not satisfy the “civil rights restored” standard, See United States v. Logan, 522 U.S. 23 (2007).
4. State-by-state information
Federal
State law governs loss and restoration of the right to vote in federal or state elections, as well as eligibility for state jury service and state public office, for people with state or federal convictions. Federal jury eligibility is lost upon conviction in state or federal court of a crime punishable by more than one year if a person’s “civil rights have not been restored.” Federal law does not prevent holding federal office based on a conviction.
Federal firearms disabilities are removed for those with state convictions by various state law restoration mechanisms, and for those with federal convictions by a presidential pardon. Federal law does not prohibit possession of antique firearms.
Read more
Alabama
A person convicted of one of 47 disqualifying felonies—including murder, sexual assault, drug trafficking, and some property crimes—loses the rights to vote, to run for state office, and to serve on a jury. (All felonies are basis of challenge.) The right to vote is restored upon application after completion of sentence, including payment of fines and restitution, so long as no other charges are pending. This expedited restoration process does not apply to persons convicted of serious violent or sex offenses who may vote only if pardoned by the governor. The rights to run for office, serve on a jury, or possess a handgun can only be restored by a pardon. Restoration process also applies to those with federal and out-of-state convictions.
A person convicted of a violent crime loses the right to possess a handgun. This right can only be restored by a pardon.
Read more
Alaska
A person convicted of a felony loses the rights to vote, to run for state office, and to serve on a jury. These rights are restored automatically upon completion of sentence.
A person convicted of a felony loses the right to possess a “concealable weapon” (such as a handgun) for 10 years following completion of sentence, which includes any period of parole or probation. A person convicted of a crime against a person—such as homicide, assault, kidnapping, or robbery—loses this right permanently.
Read more
Arizona
A person convicted of a felony loses the rights to vote, to run for state office, and to sit on a jury. After a first felony conviction, these rights are restored automatically upon completion of sentence if all restitution has been paid. (Unlike unpaid restitution, unpaid fines do not affect restoration of rights.) For those convicted of two or more felonies, or who have unpaid restitution, these rights may be restored by the court “on final discharge,” and after two years for those sentenced to prison.
A person convicted of a felony also loses the right to possess a firearm. The court may restore this right two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” this right may only be restored by pardon.
Read more
Arkansas
A person convicted of a felony loses the rights to vote and to serve on a jury. The right to vote is restored automatically after completion of sentence, including payment of fines and restitution. The right to serve on a jury can only be restored by a pardon. A person convicted of certain crimes of dishonesty loses the right to hold state office. This right may only be restored if the disqualifying conviction is sealed or expunged.
A person convicted of a felony also loses the right to possess a firearm. This right is restored only by express order of the governor or, in some cases, by sealing or expunging the conviction.
Read more
California
A person sentenced to prison for a felony conviction loses the right to vote while serving a term in state or federal prison, after which the right is automatically restored. A person may not serve on a petit jury while incarcerated in a prison or jail, or while under supervision for conviction of a felony. A person convicted of “malfeasance in office” loses the right to serve on a petit jury until their civil rights are restored. Service on a grand jury is prohibited following conviction for malfeasance in office or a felony. Person required to register as sex offender disqualified from jury service. A person convicted of vote-buying or certain other crimes of dishonesty loses the right to hold state office, a right restored only by a pardon.
A person convicted of any felony, or a misdemeanor involving weapons or domestic violence, loses the right to possess a firearm. This right may be restored by a pardon from the governor, but only if the crime did not involve the use of a dangerous weapon. However, firearms rights lost based on a misdemeanor conviction are automatically restored 10 years after conviction, so long as the person has no outstanding warrants.
Read more
Colorado
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the right to hold public office while incarcerated or on parole. The right to serve on a petit jury is not lost, but felony conviction conviction may be basis for challenge. Grand jury service precluded.
A person convicted of a felony loses the right to possess a firearm, which is restored only by a pardon.
Read more
Connecticut
A person incarcerated for a felony loses the rights to vote and to hold public office. Effective July 1, 2021 rights are restored upon release from incarceration. A person convicted of a felony loses the right to serve on a jury. This right is restored automatically seven years after conviction, unless the person is still incarcerated. A pardon may restore this right sooner.
A person convicted of a felony or found delinquent for a “serious juvenile offense” may not receive a permit to carry a handgun. Eligibility may be restored by a pardon.
Read more
Delaware
A person convicted of a felony loses the rights to vote and to sit on a jury. The right to vote is restored after completion of sentence, except for specified serious offenses. Restoration of vote not dependent on payment of fines and restitution. The right to sit on a jury can only be restored by a pardon from the governor. A person convicted of an “infamous crime,” as determined by a court, loses the right to hold state office. This right cannot be restored by a pardon.
A person convicted of a felony, a specified violent crime, or a drug crime loses the right to possess a firearm. This right may be restored by a pardon.
Read more
District of Columbia
By virtue of a law enacted in November 2020, conviction of a crime does not result in loss of the right to vote. (Previously, a person convicted of a felony or incarcerated for certain misdemeanor election law or lobbying violations, lost the rights to vote and to serve on the D.C. Council while incarcerated.) A person convicted of a felony while serving on the D.C. Council loses the right to hold that office. A person convicted of a felony, or charged with a felony or misdemeanor, loses the right to serve on a jury, a right that may be restored by the court one year after completion of sentence for petit jury service and ten years for grand jury service.
A person convicted of a felony, violent crime, or specified weapons violations, or who is under indictment for a crime or violence of weapons offense, may not register a firearm. A person convicted within the last five years of any drug crime, of misdemeanor domestic violence or stalking, or two or more DUIs, may not register a firearm. No mechanism for restoration is specified.
Read more
Florida
A person convicted of a felony loses the rights to vote, hold public office, and serve on a jury. Jury eligibility also lost if pending felony or misdemeanor charges. With exceptions for certain serious crimes, the right to vote is restored automatically after completion of sentence, including any period of parole and payment of fines, fees, costs, and restitution. The rights to hold office and to serve on a jury can be restored by the governor with the approval of the Clemency Board. Under current rules, a person convicted of a minor felony must wait five years after completing their sentence to apply, and a person convicted of a more serious felony must wait seven years.
A person convicted of a felony also loses the right to possess a firearm. This right can only be restored by the governor, with the approval of the Clemency Board, eight years after completion of sentence.
Read more
Georgia
A person convicted of a felony “involving moral turpitude” (interpreted as any felony) loses the rights to vote, hold public office, and serve on a jury. The right to vote is restored upon completion of sentence, which includes payment of a fine imposed as a separate sentence (but not a fine that is a condition of probation). The rights to hold public office and serve on a jury are lost upon conviction of a felony and may be restored by the Board of Pardons, except that in the case of office eligibility ten years must also have elapsed since completion of sentence.
A person convicted of any felony loses the right to possess a firearm, and may regain it through a pardon.
Read more
Hawaii
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the rights to hold public office and serve on a jury. The right to hold public office is restored upon completion of sentence (including parole), but the right to serve on a jury can be restored only by a pardon.
A person convicted of a felony, a crime of violence, or an illegal drug sale loses the right to possess a firearm. (This includes persons under 25 adjudicated for such an offense.) This right can be restored only by a pardon.
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Idaho
A person convicted of a felony and sentenced to a term of imprisonment, including a suspended sentence, loses the rights to vote, hold public office, and serve on a jury. These rights are restored automatically upon completion of any period of imprisonment, parole, or probation.
A person convicted of a felony loses the right to possess a firearm. Except for certain serious violent crimes, this right is restored upon completion of sentence. For serious violent crimes, the right may only be restored by the Commission for Pardons and Parole no earlier than five years after completion of the sentence.
Read more
Illinois
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the right to hold public office. Except for election-fraud convictions, the right to hold statewide office is restored upon completion of sentence. But the right to hold other elected office (municipal, county) is restored only by a pardon. A conviction does not affect the right to serve on a jury.
A person convicted of a felony loses the right to possess a firearm. This right may be restored at the discretion of the State Police or a local court if specified standards are met, or if expressly provided in a gubernatorial pardon.
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Indiana
A person convicted of any “infamous crime” loses the right to vote and serve on a jury, but only while incarcerated. A person convicted of a felony loses the right to hold public office, a right that can only be restored by expungement or a pardon from the governor (for which federal and foreign convictions ineligible).
A person convicted of a felony loses the right to possess a firearm, and this right is restored to those convicted of less serious crimes by expungement or by a pardon after 15 years, or earlier under certain circumstances. Persons convicted of a “serious violent felony” may regain firearms rights only by a pardon. Persons convicted of domestic battery may not possess a handgun, and they may petition the court for restoration after five years.
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Iowa
A person convicted of an “infamous crime” (one punishable by imprisonment) loses the rights to vote and hold public office, with some exceptions. These rights may only be restored by action of the governor, who under a 2020 executive order, is automatically restoring the right upon a person’s completion of custody and supervision (excluding homicide convictions, which require an application). A person convicted of a felony may be dismissed from a jury because of their conviction, but they are not automatically ineligible. Those with federal or out-of-state convictions may regain their voting rights through the gubernatorial restoration process, or by restoration in the jurisdiction of their conviction.
A person convicted of a felony, or convicted of misdemeanor domestic violence, loses the right to possess a firearm. This right can only be restored by the governor at least five years after completion of sentence.
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Kansas
A person convicted of a felony loses the rights to vote, serve on a jury, and hold public office, which are restored automatically upon completion of sentence, including payment of fines and restitution, except that jury ineligibility extend for ten years after the date of conviction.
A person convicted of a “person” felony or analogous juvenile offense loses the right to possess a firearm for three or eight years depending on the offense, unless the offense involved a firearm in which case the loss is permanent. A person convicted of a nonperson felony loses the right to possess a firearm for three months. Expungement or pardon cut short most (but not all) of these loss periods.
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Kentucky
A person convicted of a felony loses the rights to vote, hold public office, and serve on a jury. Pending felony charges also exclude from jury. These rights may be restored by personal action of the governor, including by a “partial pardon” after completion of sentence and payment of restitution. For certain lower-level felonies, the right to vote may also be restored by judicial expungement. Federal and out-of-state convictions are subject to the same restoration regime as Kentucky convictions. An executive order in December 2019 restored the right to vote and hold office to those convicted of nonviolent and non-sexual crimes, upon completion of sentence (not including payment of restitution and other court debt).
A person convicted of a felony after July 15, 1994 loses the right to possess any firearm. A person convicted prior to that date loses only handgun rights. These rights can be restored only by pardon.
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Louisiana
A person convicted of a felony loses the right to vote while “under an order of imprisonment,” which includes probation under a suspended sentence and parole, except that a person may apply for restoration of the vote if they have not been actually incarcerated pursuant to the order in the last five years (not counting return to custody as a result of supervision violation not resulting in revocation). If supervision ends prior to five years, they may register to vote. Eligibility for jury service is lost if under indictment or incarcerated, and for a five-year after after completion of parole or probation for a felony. Eligibility for elective office is not affected by conviction.
A person convicted of specified crimes, including some violent felonies, weapons offenses, and sex offenses, loses the right to possess a firearm. This right is restored automatically 10 years after completion of sentence, or sooner by a pardon.
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Maine
The rights to vote, hold public office, and serve on a jury are not affected by a conviction.
A person convicted of a crime punishable by imprisonment for at least one year, or a crime involving the use of a dangerous weapon, loses the right to possess a firearm. A juvenile adjudicated for any analogous offense also loses firearms rights. A person may be issued a permit to possess a black powder gun five years after completion of sentence except where the crime involved use of a dangerous weapon, but restoration of other firearms rights may only be by a full pardon. A juvenile adjudicated for a non-violent offense loses rights only for three years or until turning 18.
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Maryland
A person convicted of a felony loses the rights to vote and hold office only while incarcerated, unless the conviction was for buying or selling votes. A person charged with a crime with prison sentence exceeding one year (felony or misdemeanor), or sentenced to more than one year of imprisonment is ineligible for jury service unless pardoned.
A person convicted of a felony loses the right to possess a firearm, including antique weapons. Persons convicted of a felony and certain misdemeanors who possess a “regulated firearm” (handgun or automatic weapon) are subject to enhanced penalties. These rights can only be restored by a pardon.
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Massachusetts
A person convicted of a felony loses the rights to vote and hold public office only while incarcerated. Eligibility for jury service is also lost while felony charges pending, or if convicted of a felony until seven years after completion of sentence.
A person convicted of a felony, serious misdemeanor, or drug crime, or adjudicated for an analogous juvenile offense, loses the right to possess a firearm. A permit to have a rifle or a shotgun may be issued five years after completion of sentence unless the conviction was for a violent or drug crime. The right to possess a firearm can otherwise be restored by a pardon (rarely granted).
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Michigan
A person who has been convicted is disqualified from voting while “confined,” whether for a felony or misdemeanor. Only certain convictions disqualify a person from office. A felony conviction results in ineligibility for jury service, until the conviction is set aside or pardoned.
A person convicted of a felony loses the right to possess a firearm. This right is restored automatically three years after completion of sentence to all except those with specified convictions, who may apply for restoration after five years to their county’s concealed weapons licensing board. A set-aside or pardon restores this right sooner.
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Minnesota
A person convicted of a felony loses the rights to vote, hold office, and serve on a jury. These rights are restored automatically after completion of sentence, including any period of parole or supervised release, except that a person convicted of bribery is “forever disqualified” from holding public office.
A person convicted of a specified crime loses the right to possess a firearm, and may regain this right by petitioning the court so long as they are not in prison. Otherwise restoration is by pardon.
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Mississippi
A person convicted of a specified felony (including murder, rape, theft, and certain other crimes) in a Mississippi state court loses the right to vote. This right can only be restored by the governor through a pardon or statutory restoration of rights process, or by a two-thirds vote of the state legislature. A person convicted of certain crimes loses the right to hold public office, which can only be restored by a pardon. A person convicted of a crime punishable by imprisonment loses jury eligibility for five years after the conviction, as long as the person is qualified to vote.
A person convicted of a felony loses the right to possess a firearm, which may be restored by a judicial certificate of rehabilitation or a pardon.
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Missouri
A person convicted of a felony loses the rights to vote, hold public office, and serve on a jury. Except for persons convicted of crimes related to voting, the rights to vote and to hold office are restored upon discharge from sentence. Failure to pay restitution may result in delay in discharge and therefore delay in reenfranchisement. Eligibility to serve on a jury can only be restored by a pardon.
A person convicted of a felony loses the right to possess a firearm. This right may be restored by expungement or a pardon.
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Montana
A person convicted of a felony loses the right to vote only while incarcerated. The rights to hold public office and sit on a jury are also lost upon conviction of a felony and are restored upon completion of sentence.
Firearms rights are lost only if conviction involves a dangerous weapon; may be regained by petitioning a court.
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Nebraska
A person convicted of a felony loses the right to vote, hold public office, and serve on a jury. The right to vote is restored automatically two years after completion of sentence, including any period of parole. The rights to hold office and serve on a jury may only be restored by the Board of Pardons.
A person convicted of a felony also loses the right to possess a firearm. This right too may only be restored by the Board of Pardons.
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Nevada
A person convicted of a felony loses the right to vote, but only while incarcerated. The rights to hold public office and serve on a jury are also lost upon conviction. Eligibility for civil juries is restored upon completion of sentence, and eligibility for criminal juries is restored six years after completion of sentence. Eligibility to hold public office is restored four years after completion of sentence.
A person convicted of a felony loses the right to possess a firearm. This right can only be restored by a pardon.
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New Hampshire
A person convicted of a felony loses the right to vote and hold public office, but only while incarcerated. The right to serve on a jury is also lost upon conviction and restored if the sentencing court annuls the conviction.
A person convicted of a felony drug offense or a felony “against the person or property of another” loses the right to possess a firearm. For nonviolent offenses, this right may be restored by an annulment or by a pardon. For violent offenses, it may be restored only by pardon (rarely granted).
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New Jersey
A person convicted of an “indictable offense” (felony) loses the right to vote, but only while incarcerated. A person convicted of an indictable offense also loses the right to sit on a jury, which may only be restored by the governor, through a pardon or restoration of rights. A person holding public office or employment who is convicted of a serious crime or one involving dishonesty forfeits the office or employment. If the crime was one “involving or touching on” the government office or employment, the person is “forever disqualified” from holding any government office or employment. The permanent bar may be relieved by a gubernatorial pardon or restoration of rights, or by a judicial certificate.
A person convicted of specified violent crimes loses the right to possess a firearm. A person convicted of any crime, including a “disorderly persons” (misdemeanor) crime of domestic violence, loses the right to purchase a firearm. These rights may be restored by the governor through pardon or restoration of rights, but not through a judicial certificate.
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New Mexico
A person convicted of a felony loses the right to vote, hold public office, and serve on a jury. The rights to vote and serve on a jury are restored automatically upon completion of sentence, including payment of fines and restitution. The right to hold office may only be restored by a pardon, or gubernatorial restoration of rights following completion of sentence.
A person convicted of a felony loses the right to possess a firearm; this right is restored ten years after completion of sentence, or earlier by a pardon.
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New York
A person convicted of a felony and sentenced to prison loses the right to vote while incarcerated. A person convicted of a felony loses the right to sit on a jury, which may be restored by the sentencing court, corrections department, or governor. While there is no general restriction on the right to hold public office, an official convicted while in office may forfeit their office, and persons with felony convictions must obtain a judicial certificate before qualifying for law enforcement and a few other public offices.
A person convicted of a felony or a “serious offense” loses the right to possess a firearm. Except for persons convicted of a Class A-1 or violent felony, this right may be restored by the sentencing court, Department of Corrections and Community Supervision, or governor.
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North Carolina
A person convicted of a felony loses the right to vote, hold public office, and serve on a jury, all of which are restored automatically upon “unconditional discharge” from sentence. An interpretation of this term to include payment of all court debt was held in September 2020 to violate the state constitution.
A person convicted of a felony also loses the right to possess a firearm (with a few anti-trust-related exceptions). State residents with minor non-violent records may petition the court where they reside for restoration of firearms rights 20 years after completion of sentence.
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North Dakota
A person convicted of a felony loses the right to vote, hold public office, and to sit on a jury, but only while incarcerated.
A person convicted of a felony or a Class A misdemeanor loses the right to possess a firearm. A person convicted of a nonviolent felony or a Class A misdemeanor regains their rights automatically five years after release from prison or probation. For someone convicted of a felony involving violence or intimidation, the waiting period is ten years. A person subject to a five-year waiting period may petition the court to have these rights restored sooner.
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Ohio
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the rights to hold public office and to serve on a jury, which are restored automatically after “final discharge,” except that officials convicted of corruption offenses either have a longer waiting period or may be ineligible entirely for public office or employment short of a pardon.
A person convicted of a violent or drug felony loses the right to possess a firearm. Firearms rights may be restored by a court after completion of sentence or by a pardon.
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Oklahoma
A person convicted of a felony loses the right to vote for a period of time equal to the term of the sentence. Jury eligibility is also lost and is restored only by a pardon. Those convicted of a felony or of misdemeanor embezzlement are disqualified from public office for 15 years after completion of sentence or until pardoned. A felony conviction results in permanent disqualification from state legislature.
A person convicted of a felony loses the right to possess or live in a residence with a concealable firearm, including imitation pistols and altered air or toy pistols. This right may be restored by a pardon only if the conviction was for a nonviolent felony.
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Oregon
A person convicted of a felony and sentenced to prison loses the right to vote, hold public office, to sit on a jury, but only while incarcerated — except that grand jury and criminal trials, 15 years after service of felony sentence, and 5 years after service of sentence for misdemeanor involving dishonesty or violence. The vote is also lost for any conviction while actually incarcerated in a federal facility in state; restored upon release. Eligibility for state legislature is lost until completion of sentence, including payment of court debt.
A person convicted of a felony also loses the right to possess a firearm. If convicted of only one felony (not involving homicide or a weapons offense), this right is restored automatically 15 years after completion of sentence. Otherwise, this right can be restored by expungement or a pardon (though it is not clear whether the term “expungement” includes set-aside and sealing). Persons with certain non-violent felony offenses may regain firearms rights one year after discharge by petitioning a circuit court where they reside.
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Pennsylvania
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of embezzlement of public money, bribery, perjury, or any felony loses the right to hold public office, unless pardoned (for which federal and foreign convictions ineligible). A person convicted of a crime punishable by imprisonment for more than one year (which may include misdemeanors) may not serve on a jury, unless pardoned.
A person convicted of a specified crime—which includes certain felonies, drug offenses, domestic violence, repeat DUI offenses, and others—loses the right to possess a firearm. This right may be restored by a court ten years after release from prison, or by pardon or expungement.
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Puerto Rico
The right to vote is not affected by a conviction. A person convicted of a felony loses all other civil rights until completion of sentence.
A person convicted of a felony loses the right to possess a firearm, unless the conviction is pardoned or expunged.
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Rhode Island
A person convicted of a felony loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the right to serve on a jury, which is restored after completion of sentence. A person convicted of a felony, or who is sentenced to more than six months in jail for a misdemeanor, loses the right to hold public office until three years after completion of sentence.
A person convicted of a “crime of violence” loses the right to possess a firearm with no relief specified. Firearms also may not be possessed by a person convicted of specified crimes involving domestic violence unless and until the conviction is expunged, or completion of a one-year sentence.
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South Carolina
A person convicted of a felony or election-law offense, or incarcerated for a misdemeanor, may not vote or hold public office until completion of sentence, including probation or parole but not satisfaction of court costs and restitution. A person convicted of a crime punishable by imprisonment for more than one year, which includes misdemeanors, loses the right to serve on a jury unless pardoned.
A person convicted of a violent crime loses the right to possess firearms or ammunition, and also handguns, unless pardoned.
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South Dakota
A person serving a sentence for a felony conviction after July 1, 2012, loses the right to vote, and it is not restored until completion of sentence, including payment of fines and restitution. For those convicted prior to July 1, 2012, the vote is lost only while serving a prison sentence, including parole, even if the sentence is suspended. The right to serve on a jury and to hold office are lost only if sentenced to incarceration, including a suspended term, and are restored upon release or completion of prison term.
A person convicted of a violent crime or a drug felony loses the right to possess a firearm. This right is restored automatically 15 years after completion of sentence, unless sooner by pardon.
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Tennessee
A person convicted of a felony loses the right to vote, serve on a jury and hold public office, and those convicted of perjury or subornation of perjury are also disqualified from jury eligibility. With some exceptions for serious crimes, the right to vote may be restored upon application to prison or paroling authorities upon completion of sentence, who must certify that restitution and court costs have been paid, and child support obligations are current. Those convicted of serious crimes must seek pardon before they may register vote. The right to hold public office and to serve on a jury may be restored through a judicial restoration procedure upon expiration of sentence or by pardon.
A person convicted of a felony involving violence or drug trafficking may not possess any firearm. Antique weapons are excepted from this prohibition. Persons convicted of any felony and domestic violence or DUI misdemeanors may not possess a handgun. Firearms rights may generally be regained by a pardon, or judicial “certificate of restoration,” except that only expungement restores rights where the offense involved violence or drug-trafficking. Persons with federal or out of state convictions may also petition the circuit court for judicial restoration.
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Texas
A person convicted of a felony (including “high crimes” specified in the constitution) loses the rights to vote, to hold public office, and to serve on a jury. Jury ineligibility also extends to pending felony or misdemeanor charges, and misdemeanor theft convictions. The right to vote is restored automatically upon completion of sentence including payment of fines, and the other rights are restored by a pardon, except that the governor may by statute restore rights to those with a single felony conviction (including those with federal or foreign convictions).
A person convicted of a felony loses the right to possess a firearm. A person may possess a firearm in their home five years after completion of sentence, but restoration is otherwise by pardon.
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Utah
A person convicted of a felony or election-related misdemeanor loses the right to vote, but only while incarcerated. A person convicted of a felony also loses the right to sit on a jury, and regains eligibility by expungement. The right to hold public office is regained by expungement, or after the passage of 10 years from the date of the most recent conviction, if all fines have been paid, probation or incarceration has been successfully completed, and parole has been granted.
A person convicted of a felony loses the right to possess a firearm or any dangerous weapon. This right may be restored by expungement or pardon.
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Vermont
A conviction does not affect the right to vote or hold public office. A person convicted of a felony who has “served a term of imprisonment in this state” is disqualified to act as a grand or petit juror, unless pardoned. tit. 12, § 64 .
A conviction does not affect the right to possess a firearm, but a court may prohibit a person from having a firearm as a condition of granting probation.
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Virgin Islands
A sentence of imprisonment for any term of more than one year suspends all the civil rights of the person so sentenced, and the person forfeits all public offices and private trusts. The right to vote is restored upon completion of sentence, including payment of court costs, and the right to stand for office depends upon being a qualified voter. Jury eligibility is restored by pardon.
A person convicted of a crime punishable by imprisonment for more than one year or misdemeanor domestic violence loses the right to possess a firearm or ammunition unless pardoned.
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Virginia
A person convicted of a felony loses the rights to vote, hold public office, and sit on a jury. These rights may only be restored by the governor, through his constitutional pardon power. Since 2016 these rights have been restored automatically through a series of executive orders, initially upon completion of sentence to all persons convicted of non-violent offenses, and after an additional three-year waiting period to those convicted of violent offenses. In March 2021 restoration was extended to all those not serving a prison term. In February 2021, an amendment to the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise people only during a period of incarceration and restore the vote upon release from prison.
A person convicted of a felony loses the right to possess a firearm. Certain juvenile adjudications also count. Restoration of this right is generally by a court in the county of residence.
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Washington
A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Effective Jan. 1, 2022, the right to vote will be restored automatically as long as a person is not incarcerated for a felony conviction. Until then, the right to vote may be restored by a certificate of discharge from the sentencing court or an administrative agency, which requires payment of fines and restitution, except that a certificate is available five years after completion of all non-financial aspects of the sentence. The vote may also be “provisionally restored” once a person is no longer in state prison or under community custody, but falling behind in payment of financial obligations may result in revocation (though waiver possible on a showing of hardship). The right to hold office is restored with the vote, and jury eligibility is also restored when the sentence is discharged. Rights may also be restored by petition to the Clemency and Pardons Board.
A person convicted of a “serious offense” (which includes violent, drug, and sex offenses), or any other felony or domestic violence crime, is prohibited from possessing a firearm or handgun. This right can be restored by the executive upon a finding of rehabilitation, or by the courts in less serious cases after a waiting period (5 years for felonies and 3 years for misdemeanors).
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West Virginia
A person convicted of a felony or bribery loses the right to vote, hold public office, and sit on a jury. In addition, jury eligibility denied to anyone “convicted of perjury, false swearing or any crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States.” The rights to vote and hold office are restored automatically upon completion of sentence except that those convicted of bribery may not hold office unless pardoned. The right to sit on a jury is restored by a pardon.
A person convicted of a crime punishable by imprisonment for more than one year or of domestic violence loses the right to possess a firearm, unless the crime is expunged or pardoned.
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Wisconsin
A person convicted of a felony loses the rights to vote and serve on a jury, and regains them upon completion of sentence. A person convicted of a felony or a specified misdemeanor loses the right to hold public office unless pardoned (for which federal and foreign convictions ineligible).
A person convicted of a felony loses the right to possess a firearm unless pardoned.
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Wyoming
A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. For those with no more than one non-violent Wyoming felony conviction, the right to vote “shall” be restored automatically by the Department of Corrections when the person has “completed all of his sentence, including probation and parole.” All others, including those with federal and out-of-state convictions, may petition the governor when their “term of sentence expires” or when they “satisfactorily complete[] a probation period,” and the governor “may” restore the vote.
A person convicted of a violent felony loses the right to possess a firearm unless pardoned. A person convicted of drug crimes may not obtain a concealed-weapon permit, except that a misdemeanant may regain eligibility after one year. A person convicted of a misdemeanor crime of violence within three years may be denied a permit.
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Get back to me after you fully review my comment #5.1.6.
Until then, amuse yourself engaging at length with Texan...
If the 'point' of all that was to agree with me on what I said in 5.1.4 and that laws vary from state to state, great job.
I do think you could have agreed with me with far fewer words, however. Seems like overkill to me.
I agree with you.
He knew what the law was and the potential consequences of his actions.
We may not all agree always on whether a law is 'fair' or not, but the people we elect do enough to enact them.
We break laws at our own risk.
I am fairly confident that the very vast majority of drivers have sped but we all know if caught we will pay the price for what we willingly choose to do.
Why have you directed this to me, JBB? The question here is well, not this! It is, in my opinion, whether or not the Appeals Court can alter the lower court decision. It can not based on nothing was procedural or statutorily done wrong. Do you see this and agree?
I feel sorry for him, but the law is 'plain' and Mr. Russell has tangled up 'badly' in this one! I can not defend what I see is indefensible. I would tell Mr. Russell the same thing to his face were I able.
Where am I wrong?
In fairness, I must agree. As long as Mississippi law holds this 'rule of law' for burglary and firearms (and it may not can affect Mr. Russell's case ever even if changed); Mr. Russell is not pardoned by the state governor; Mr. Russell finds a flaw in the application of some point in his case - he will remain in Mississippi prison. And, die in a Mississippi prison.
One more thing: Mr. Russell's attorney/ies would have to get the law he is sentenced under declared unconstitutional state and/or federal law to get his sentence modified, or new trial, or a complete removal. In my opinion. Mississippi does have a Mississippi Supreme Court!
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Key Points
Medical marijuana is legal, while recreational marijuana remains illegal.
Persons aged 18 with a medical marijuana card can purchase marijuana products from licensed dispensaries. However, it is illegal for patients to smoke in public.
Mississippi decriminalizes the first-time possession of up to 30 grams of marijuana. Possession above 30 grams is a felony.
It is against Mississippi laws for individuals to grow marijuana.
There are penalties for the possession, sale, and cultivation of marijuana in Mississippi.
I think his attorney's intention is to take it to SCOTUS.
Thank you!
"Mr. Russell was sentenced to die in prison for possessing 43 grams of marijuana."
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He was sentenced to life in prison for an aggregate of criminal, anti-social behavior. You can bemoan his fate but you can't determine how many people have been spared the agony of his intrusion.