Institute for Legal, Legislative and Educational Action
In early October, Joe Biden used his presidential pen to pardon everyone who has ever been convicted of, or committed the offense of, simple possession of marijuana in violation of federal and/or District of Columbia law. The pardon applies to all US citizens and persons legally in the country at the time of their violation and specifically restores all civil rights to those persons.
Initial reports indicated that some 6,500 individuals would be affected and suggested that these people were being released from prison. That’s not correct, though, as it appears that there is not currently anyone in federal or DC prison who was convicted solely of “simple possession of marijuana.” So Biden’s pardon might impact some people on parole and appears to protect people from any potential or future prosecution on a simple possession charge, but it doesn’t free any prisoners.
However, the actual text of his proclamation states that the “pardon shall restore to them full political, civil, and other rights.”
While the talk about the pardon is focused on voting rights, it appears to also apply to firearm rights. That’s where the unintended consequences start to kick in.
While it remains illegal for anyone who currently “uses or is addicted to any controlled substance” to purchase or possess firearms, the people pardoned under this order should have their full rights restored, as long as they aren’t current users or addicts.
Anyone in law enforcement and the justice system will tell you that very few, if any, people have been convicted on a “simple possession of marijuana” charge over the past ten to twenty years. including Joe Bidens son Hunter Biden. Unless there were other, more serious crimes or extenuating circumstances involved. Simple possession is simply not worth the time and effort of courts and prosecutors. But it is common for federal prosecutors to offer plea deals to people charged with more serious drug crimes as a way to get a conviction without having to go to trial. So most, if not all, of the people impacted by Biden’s pardon were almost certainly involved in the drug trade at a much higher level than just “smoking a little pot.”
Regardless of how public sentiment regarding marijuana has shifted in recent years, these people were willing to violate the law for their own recreation and profit. That strongly suggests that they would be willing to continue to engage in criminal enterprises, even after they are pardoned for their federal crimes. That should raise flags for everyone.
Of the estimated 6,500 people pardoned under this action, how many do you suppose might have misdemeanor convictions for domestic violence incidents?
I would guess that the percentage is probably pretty high. But under the Lautenberg Amendment, anyone convicted of any crime of domestic violence loses their right to firearms for life – UNLESS any of their rights are restored. That means that, even though Biden’s proclamation says he’s only pardoning people for the crime of possession of marijuana, his action will also restore gun rights to any of them who are “prohibited persons” due to Lautenberg violations.
While the Lautenberg Amendment was unconstitutional and overreaching on its face, and I’m happy to see almost anyone get their rights restored, I don’t think the Brady Bunch, Moms Demand Action, Giffords, and Everytown for Gun Safety will be happy to learn that Biden not only restored gun rights to drug dealers, but he’s also restoring gun rights to drug dealers who have records of domestic violence.
Biden is already catching flak from marijuana activists who are mad that his pardon didn’t extend to federal prisoners serving time for illegally trafficking and dealing in wholesale quantities – literal tons – of marijuana. It will be fun to watch when his allies in the gun control community also turn on him for restoring gun rights to drug offenders and domestic abusers.
But, of course, when we see crime rates going even higher in the coming months, no one in the legacy media or the political class will be talking about how Biden’s blanket pardon might have contributed to it. Instead, we’ll just hear more complaints about the accessibility of firearms and the need for stricter laws regarding their sale and possession.
As we’ve learned over the past several decades, not only is it never the criminals’ fault, but it’s also never the fault of the prosecutors and judges who routinely turn the criminals back out onto the street or the politicians who promote loosening criminal penalties and lax enforcement of existing laws. But it’s always the fault of “lax gun laws,” the NRA, the gun lobby, gun manufacturers, and responsible gun owners.
Republican majorities in Congress and state legislatures will probably help some, and it seems that more and more Americans are beginning to remember what the Second Amendment is all about. Still, it’s almost certain that with brilliant moves like Biden’s mass pardon, things will most certainly get worse before they get better.
https://www.ammoland.com/2022/11/joe-biden-restore-gun-rights-1000s-domestic-abusers/#axzz7jd9ZKs1O