New NCVEC 605 form bears serious consequences for those convicted of a felony

Discussion in 'Ham Radio Discussions' started by W2AI, Aug 17, 2017.

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  1. W5WN

    W5WN Premium Subscriber QRZ Page

    He said computer crimes. Maybe the parole officer was concerned about the ex-con getting access to company computers. Kind of like letting a parolled child molester work with children.
     
  2. K1FBI

    K1FBI Ham Member QRZ Page

    Because there is no such thing as a crooked Politician:rolleyes:
     
    KF5RRF and W5WN like this.
  3. WZ7U

    WZ7U Ham Member QRZ Page

    Paroled child molesters don't get to work with children. Where would you get such an absurd idea? Unless that's how they do it in Texas?
     
  4. W4KYR

    W4KYR Ham Member QRZ Page

    It may not just be Canada. If you were convicted of drunk driving after May 27 1994 in Massachusetts even for the first offense, the penalties could include up to 2 1/2 years.

    What does that mean? In simplest terms, anyone convicted of misdemeanor where the maximum penalties that could exceed 2 years incarceration is FEDERALLY prohibited from ever owning and possessing a firearm and ammunition. Even if they only received 3 months in jail...And that is for the first offense. Massachusetts has no expungement of felonies.

    Expungement is also called "expunction" by some. Here is the definition of it...
    https://en.wikipedia.org/wiki/Expungement

    Here is dilemma, even though a DUI is a misdemeanor in Massachusetts. Does one check yes on the felony question if they were convicted in Massachusetts after May 27 1994? Why? According to Federal law anyone convicted of a misdemeanor that COULD exceed 2 years in prison is prohibited for life from ever owning or possessing a firearm and in the eyes of the law that constitutes an equivalent of a felony (see link below).

    (Dishonorable discharges are considered a federal disqualification from owning or possession of a firearm or ammunition and therefore equivalent to a felony. Should THOSE who have Dishonorable discharges on their record also check the felon box too?)

    (Further muddying the legal waters of all this is the fact that there a no felonies in New Jersey. There they are called "indictable offenses" and they are considered the same of a felony. So if you were convicted of an "indictable offense" in NJ, should you check 'yes' on the convicted felon question on the 610 form?)

    Reference

    https://www.northeastshooters.com/v...ID-You-might-be-a-federally-prohibited-person

    "Even though under state law a Massachusetts DUI is a misdemeanor offense, under federal law state misdemeanor convictions where the maximum penalty is more than 2 years will prohibit one from legally possessing firearms."

    Another thread on that issue
    https://www.northeastshooters.com/vbulletin/archive/index.php/t-132429.html

    And then there is the whole issue of medical marijuana....

    https://www.northeastshooters.com/vbulletin/threads/325185-Medical-marijuana-and-firearms

    What constitutes a Felony anyway? That question could open an entire thread of its own. In some states shoplifting over a certain amount is felony. Depending on state laws, peeing outdoors could vary from a disorderly offense, or a misdemeanor or a felony. What if no one was around and you had to go and it was at night? Should someone get felony for that?

    Same for having sex with someone under 18 but the other party is 16 or 17 years old could label a person a sex offender for life in some states. (Being 18 and having a 16 year old girlfriend is not that uncommon) and THAT is another subject which would need its own thread. Another question to ponder on is how many people had sex under the age of 18 in the United States? Are THEY all potential felons too?

    The subject of hiring a felon would need it's own separate thread too. Another subject of that could use it's own thread is the subject of a expungement (or expunction) of a felony. What about someone who was convicted of a felony (under the Rockefeller Drug Laws in 1973) for having 3 joints in their possession but has never got in trouble since?

    Should they still be branded a felon for life? What about someone convicted of making moonshine to support his family 20 or 30 years ago but never got in trouble since? Should they remain a felon for life?

    In the case of those convicted of computer hacking, some of those people have gone on to have very successful careers in the computer security field like Kevin Mitnick https://en.wikipedia.org/wiki/Kevin_Mitnick

    Lastly, the question about being a convicted felon on the 610 form is redundant. Because if they wanted...The FCC could have already done background checks on amateur radio licensees since 1996 by running social security numbers (see below).

    Since they are a government agency and could have done background checks through the FBI upon renewal and for new applicants to see if they are convicted felons...

    http://www.arrl.org/uls-faq


    "Why do I have to give the FCC my Social Security Number (SSN)?-

    "The Debt Collection Improvement Act of 1996 requires all federal agencies to collect Taxpayer Identification Numbers (which is typically your SSN) from all persons doing business with the agency. To view the actual Act. This includes all applicants and holders of FCC licenses. The ULS uses your SSN as a unique identifier. Your SSN and your password will provide access to the electronic filing features of the ULS."


    (Actually a TIN (Taxpayer Identification Number) can be used in lieu of a Social Security Number. A TIN can be requested by anyone. I guess most U.S. hams just give their SS numbers although they can use an alternate TIN)
     
  5. K3XR

    K3XR Ham Member QRZ Page

    In New Jersey DUI is a violation of the motor vehicle code and not a criminal offense.
    "New Jersey law states that a DWI is a traffic offense, not an indictable crime (felony) or disorderly persons offense (misdemeanor). If a motorist is convicted, then the conviction appears on his or her driving record. There are no jury trials for DWI cases, but instead they are heard and decided by a sole judge. DWI charges are governed by the Motor Vehicle Code Title 39 which sets all of statutes that regulates all New Jersey traffic offenses. Although DWI is a serious traffic violation it is not a criminal act."

    http://www.njdwilegal.com/dwi-traffic-offense-or-criminal-offense/
     
  6. W5WN

    W5WN Premium Subscriber QRZ Page

    It was an analogy, not an example of anything known to happen. You wouldn't put an alchoholic in charge of a liquor store or a jewel thief in charge of a jewelry store. Do you understand what an analogy is or do you just wan't to cast personal dispersions and insults about me and the state of Texas?
     
    K3XR likes this.
  7. W2AI

    W2AI Ham Member QRZ Page

    I am not familar with the State of New Jersey Vehicle & Traffic Laws. I DO know that in New York State you have various offense classifications of DWI (by alcohol or drugs). The lowest on the scale is DWAI which is a traffic infraction that mandates a 90 day DL suspension. This charge is used when a motorist has a .05 to 0.07 BAL content while operating a motor vehicle. .08 BAL and over is the standard DWI misdemeanor charge which carries a mandatory six month DL license revocation. A SECOND DWI arrest within a ten year period after the first DWI conviction is a FELONY. Also, any motorist charged with DWI that had a passenger in the vehicle under the age of 18 at the time of his/her arrest will also be charged with FELONY DWI.

    More often that not, a NYS county district attorney's office will allow a motorist charged with Misdemeanor DWI the opportunity to plea bargain down to DWAI [which is a traffic infraction] that carries a 90 day suspension rather than complete revocation of driving privileges IF that is the first encounter of driving while intoxicated in the motorist's driving lifetime.
     
    Last edited: Sep 14, 2017

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