GOUtah!
Public Policy Position Paper - 17 November 1999

Violent Misdemeanor Convictions, Plea Bargaining and the Loss of Firearm Ownership, Purchase or Possession Rights

As a broad-based network of responsible and law abiding firearms owners in Utah, we too share the concern of the general public and elected officials about the effects of violent crime in our society. We are also concerned about the potential loss of critical, individual constitutional rights based on any misdemeanor conviction.

Our nation's long traditions of both Common and Constitutional laws have drawn a clear and unambiguous line between misdemeanor-level and felony-level behavior as the threshold for loss of any individual, civil and constitutional rights. It is GOUtah!'s clear and unambiguous position that under no circumstances should a misdemeanor conviction be used as the basis for the loss of any civil rights, either temporary or permanent, including the right to own, purchase, posses or use a firearm for any lawful purpose. Only upon a felony conviction should the loss of civil rights, including firearms ownership, holding public office, or any other right be abridged, limited or suspended.

If you, the elected leaders of our state, feel that the conviction in a court of law of any specific type or level of juvenile or adult behavior should qualify an individual for the loss of any civil right, including firearms ownership or possession, on either a temporary or permanent basis, then that activity should be unambiguously defined in statute as felony-level criminal behavior and treated accordingly by the Utah criminal justice system. If jaywalking, littering, or spitting on a public sidewalk is a real and present threat to our society, make it a felony. Upon any such a felony conviction, the individual in question forfeits the right to own or possess any type of dangerous weapon, be it a firearm or any other similar implement, along with many other rights and protections.

GOUtah! also believes that the practice of plea bargaining for any crime of violence, felony or misdemeanor, regardless if any weapon is involved, should be halted immediately. If the evidence exists to file charges and prosecute on a felony-level crime, then do so, and let the accused have their day in court. Justice on the "cheap and dirty" is not real justice. However, it does indeed "cheapen and defile" our basic sense of justice and the respect of every citizen for our legal system. Let's have real justice for a change, rather than just playing "let's make a deal."