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Friday, June 14, 2013

A Gun Control "hmmmm"

OK, so the EEOC has just issued a rule that it's illegal for an employer to refuse to hire someone simply because they are convicted felons. They say that policies like this are discriminatory because larger numbers are minorities. The EEOC says that this results in "disparate impact" and is presumed to be discrimination.

This seems ridiculous on its face, but let's consider the Second Amendment implications. Felons are prohibited from possessing firearms.

According to the EEOC, this is presumed to be racial discrimination. It would be interesting to see a class action lawsuit on these grounds.

10 comments:

Divemedic said...

There is one thing that has always bother me: arrest records. I think that the government should be prohibited from releasing arrest records to these background check companies for arrests that did not result in convictions. Presumption of innocence and all that.

chiefjaybob said...

Along the same lines as a 13 year old being able to buy aborifacients without telling their parents, but stays on their parents insurance until 26.

Mark Philip Alger said...

I believe that a constitutional case can be made that denying felons the right to self-defense is, in fact, a violation of the 2nd Amendment.

I believe the argument is something to the essence of: but we can't allow violent criminals to own tools of murder.

The counter is, if a person is a menace to society, what are they doing IN society? If they are not, why are they being denied a fundamental civil right? Once a person has served his sentence, he should be a citizen in all respects. The problem would seem to be, therefor, not that guns are too readily available, but that sentences in law are inappropriate to the crimes.

And, ya know, nobody in power or in the hunt for power or seeking to aggrandize himself would ever try to distract the populace from relevant issues by pointing to some red-herring (scorn quotes) "scandal", shouting, "Look! Over there! Chase that one!"

Of course they wouldn't.

M

3boxesofbs said...

Hmm.

Illegal to discriminate because of being a convicted felon, right?

So convicted felons should apply to security companies to be armed guards.

What is the government going to do?
If the company doesn't hire them as armed security, the company discriminates. If they do they violate federal law.

Seems like the only solution would be to get rid of the felon in possession of a firearm laws.

deadmandance said...

"Hey, don't look at us, YOU'RE the one who set the precedent!"

reallyroscoe said...

So large numbers of felons are minorities and convicted felons lose their rights to posess firearms - ergo, laws banning convicted felons from posessing firearms are a racist plot to disarm minorities?

Sounds logical to me but I often confuse cause and effect.

kishnevi said...

You're behind the curve.

There actually was a case not very long ago (three months, perhaps) which struck down a felon-possession law on 2A grounds, in the wake of Heller. Louisiana was the state involved, IIRC. (Don't have the time just now to track down the details, for which I apologize.)

BTW, i have seen it claimed (on pro2A sites) that the first bans on felons possessing guns were in the South, as part of the complex of Jim Crow legislation. So the claim of discrimination is not as unprecedented, or as based in political correctness, as it may sound.

Archer said...

More here, including a nice compare/contrast of what the .gov EXPECTS employers to do versus what the .gov REQUIRES licensed gun dealers to do.

For hiring, employers are expected to "consider the crime, its relation to an applicant's potential job, and how much time that has passed since the conviction" and "review each case individually, and allow applicants to show why they should be hired despite a conviction."

For gun purchases, felony conviction == NO SALE. Period. Full stop. End of story.

I'd also note that, minority or not, keeping one's nose clean of felony raps is usually not that hard, but pointing that out makes me RAAACCCIIISSSTTT!!

Ken said...

Three felonies a day.

Goober said...

Ken has nailed it. well done ken.