Utah resident Mindy Vincent is on a road to recovery following a felony conviction more than a decade ago, and one of her final stops may be full rights restoration.
“Justice was served over ten years ago when I completed my sentence,” said Vincent. “Yet I am denied my inalienable rights as an American citizen, because of something I did [years] ago.”
Vincent was convicted of the non-violent felony of check fraud in 2008. A former addict, she stopped using drugs in 2007.
Since completing two years of probation and clearing a felony drug court, she’s been a free woman, even returning to school, earning a bachelor’s degree and two master’s. Still, she argues she is not a whole person until she can lawfully own a firearm once again.
See Also: SAF Sues Pennsylvania Over Gun Law Discriminating Against Young Adults
Now Vincent has filed suit in a federal court to regain that right. She’s arguing that the Founding Fathers “understood the right to keep and bear arms to be a fundamental individual right that could only be abridged in narrow circumstances.”
Utah’s KUTV reports that Vincent filed her suit in court on Tuesday.
Rights restoration is becoming more prevalent and Vincent isn’t alone. Many non-violent offenders can have their rights restored if they have their records expunged among other remedies.
Where do you stand on rights restoration? Do you believe Ms. Vincent should have her right to keep and bear arms restored?
When someone is convicted of a crime, guilty or not, served their time, paid their debt to society, they should be done! Why do we as a Nation feel we have the right to stigmatize them and punish them for the rest of their lives. This is the true Prison Sentence. There is no gainful employment, no renting apartments, buying homes, being treated like anyone else, having a gun to defend yourself, having a true second chance, no putting it behind them. No wonder recidivism is so high! We absolutely set them up to fail.
They should have all rights reset ..in non-violent crimes…clear the record…they paid the tab!!
I see alot of people here asserting their opinion to be more valid based on the arrival of ancestors. WTF does that have to do with the validity of anyone’s opinion? Assuming it’s not all BS
And where were others inalienable rights when she was stealing their money! The loss of rights in the commission of a felony has been around longer than she has. She did the crime now let her suffer the consequences of her act that were in place at the time of the crime.
I don’t suppose the same people supporting her right to bear agree with restoring felons right to vote democrat. I know I don’t and will NOT be a hypocrite just because it floats around the second amendment.
The point is…she did the punishment for what she did. Why do you feel that she should have to keep paying every single day for the rest of her life after the Court said she was done. She COMPLETED her Sentence so it should be OVER not some nightmare run on torture.
They get back what they lost while they were doing the punishment. Release should mean it’s over
after reading the comments i have to say WHAT IN THE HELL DO YOU PEOPLE THINK “SHALL NOT BE INFRINGED ” means?
look , my ancestors came to america on the mayflower, can YOU say the same? my ancestors fought against tyranny in BOTH wars against ole georgy porgy (no king in my book but King JESUS). did your ancestors fight in those 2 wars for the freedoms we as americans enjoy?
if your ancestors did NOT fight in the revolution or in the war of 1812, on the sides that won both those wars, then you need to keep your ignorant mouth shut about the enumerated right to keep and bear arms. i say this because my right to keep and bear arms carries more importance than any of your rights, even though i have spent 10 years in prisons for non violent felonies. in fact even if i flat out murdered a judge in front of the world on national tv i would retain my right to keep and bear arms the very day i was released from prison. the ONLY REASON I WOULD NOT HAVE THE RIGHT TO BEAR ARMS WHILE IN PRISON would be to prevent me from killing the guards and walking out the gate.
the founding fathers would have been hung for TREASON or INSURRECTION if they had NOT won their war against TYRANNY.
i have already demonstrated to the government, both state and federal that i do not think i need their permission to keep and bear arms. in fact in the state of wisconson they consider my conviction for “FELON IN POSSESSION OF A PISTOL PRIOR TO FIVE YEARS FROM DISCHARGE OF SENTENCE” a VIOLENT CRIME in itself. even though i never threatened anyone with that pistol and only displayed it to prevent others from committing violent crimes themselves.
the BILL OF RIGHTS has NO PROVISION to remove someone’s GOD Given Rights!!!
i myself am NO THREAT TO ANYONE unless they intend to do me or my family HARM,
so think about your ideas about felons loosing their right to keep and bear arms a bit and consider that all it takes is an opinion for you to suddenly become a felon yourself, such as the pistol brace thing going on right now. i have not been arrested for ANY offense in over 20 years but if you do NOT support the rights of ex felons to keep and bear arms, do you think they will support yours? hey, they get their voting rights back real easy and voting for those who will take away your rights is super easy!
even armed criminals fear facing a potential gun owning store owner or home owner!! remember, i spent 10 years on the inside and i talked to a lot of really violent guys and only 1 out of 100 would break into a house or rob a business or person if that person was likely to be armed. one guy went around with a $50 bill wrapped around a roll of $1 bills just looking to be robbed so he could kill someone by shooting them in the back, and that is what happened.
myself, i do NOT vote, dont drink or get high or even smoke , but i did all those in the past! but i DO NOT have a concise that will bother me, i sleep just great at night knowing the things i have done in the past but never got caught and punished for! and the things im willing to do to get revenge on someone that hurts my family only GOD knows whether or not ill be justified in HIS eyes!
when the police come to your door to arrest you because you did NOT turn in your weapons within the given time period, you will either go peacefully or take a few on them with you when you die, either way, you ARE A FELON AND CAN NEVER LEGALLY POSSESS A FIREARM OR EVEN A COMPONENT OF MODERN AMMUNITION EVER AGAIN!!
THINK ABOUT IT!!
Amen brother. My people have been here since 1536, and have fought in every war since and died in most of them. I will not allow my grandchildren to live as slave. I hope the revolution comes soon.
Liberals will have a hissy-fit over restoration of 2A rights, yet they are successfully stumping for restoration of voting rights for convicted felons, including in the Gunshine State (Florida). Let’s see how they respond when the shoe is on the other foot. Restoration of rights is restoration of rights!
No person convicted of a non violent crime, felony or misdemeanor, should lose their firearms rights. And anyone convicted of a violent offense should lose them for a fixed period of time based on the offense, after which there should be a straightforward mechanism for them to qualify for a restoration of their firearms rights.
I’m afraid I have to voice disapproval. Her situation is unfortunate, without a doubt. However, there are consequences to all decisions we make. She made her decision, knowledgeable of the consequences, now she can live with them. I hope her story inspires others to make better decisions, and truly hope she stays on the upstanding path she is reported to be on.
I have to disagree with you on that.
I can understand a violent felony = no guns allowed. However, I know of several persons who served their country honorably. Received an honorable discharge or a general under honorable conditions BUT, during their time of service were convicted us such things as “Missing a Movement” or being UA for several days due to being young and stupid or due to family situations. One guy was convicted of Missing a Movement because his wife was out partying while he was home with his 18 month old daughter. Because SHE was partying and using drugs, he was unable to find care for his daughter. Caught between duty to his daughter and reporting for a field exercise, he missed the field ex.
As a result, he is guilty of a felony and is not allowed to own a firearm.
Only those person convicted of VIOLENT felonies should have that right suspended.
Restore this woman’s rights.
She was young, stupid and doing drugs. She has since cleaned up her life and is setting an example for others.
People make mistakes, and a lot of them deserve second chances. If the shoe was on the other foot I promise you would not have such a cavalier attitude about this.
Well said!
What is a FELLONY? It seems to be whatever the authorities at the time want it to be. I could look at a politician cross eyed and it could be called a felony by those wanting to oppressed the rights of a person to vote or own a firearm. The ONLY individuals who’s rights should be abridge are those who have been adjudicated a threat to the community ( others ). Otherwise ALL rights need to be restored. Ever see an old western when a cowboy gets out of jail. What is the first thing the sheriff does? Gives him back his GUN!
I am in the midst of appealing to the governor of California to get my record sealed which includes an ADW charge from 1992. I got out of prison in 1999 and haven’t looked back. Not really expecting anything good to happen but you never know. I just want to go hunting. That’s all. Lol
Good Luck! I hope it goes well for you.
You should not have to keep paying
“Shall not be infringed…”
And that absolute standard will be the last fatal stand for the 2A. Maybe Larry Pratt, Rand Paul and Ted Cruz will back that fight without reservation but what about the rest of political world?
Other relevant questions will be eventually be raised so lets use the recently paroled Thomas Kokoraleis of the 1980’s “Ripper Crew” as an extreme example. Would Kokoraleis be welcome at your local gun store? Would Kokoraleis’ freedom of association be fully restored? Would Kokoraleis’ be allowed to hang out at parks and playgrounds or near schools? If the answer is NO to any of these questions then why would it be yes to a question on the 2A?
Yeah I know, ‘do NOT parole people like Kokoraleis.’ He was the extreme example but the fact is that every violent felon cannot be sentenced to a life term. I do NOT oppose the restoration of 2A rights to certain non-violent felons but am NOT on board with the all forgiven route.
violent offenders and non-violent offenders when debating 2A rights restoration have nothing in common, with the one exception. both are felony convictions. Violent offenders by the very nature of their crime should not even be a part of firearm restoration discussion.
Once, your sentenced is served and any probation or other attachments . All rights should be restored. It is how our founding Fathers wanted it to be. It’s wrong and I hope this woman who it seems has really turned her life around gets her rights restored. Let’s not not forget these are God given rights and they do not come from Government !
I’ve always believed that once you’ve paid your debt to society you are entitled to another chance to prove yourself. We’ve all read or heard about someone who is not a public threat being unfairly treated by the criminal injustice system. Absolutely nobody should be forever damaged by not having an inherent God given right to defend their life or that of a family member by stealing a Constitutionally protected right due to writing a bad check.
I see nothing in our Constitution that forever prohibits the right to keep and bear arms, and if God can forgive, should we do less? I think not.
what part of SHALL NOT BE INFRINGED don’t you understand ?
I absolutely agree with the concept of restoring the 2A rights of people who have demonstrably turned their lives around.
I don’t know the particulars of this case, but from what has been presented here, it would appear to me that she merits having her rights restored.
I see no point in continuing to punish a person, after they’ve paid the price of their original misconduct, and have become rehabilitated citizens. Further punishment after that point is petty, vindictive, and pointless.
Best luck to her in continuing her rehabilitation and having her rights restored.
Where do you draw the line in allowing convicted felons to own firearms? I say that she crossed the line once, and she can cross it again.
Couldn’t anyone? And what does a nonviolent felony have to do with guns?
So you don’t believe people can change for the better? She might be the one that saves your life by being armed ready! One never knows!
I don’t read anywhere in the Constitution that states any rights will be dissolved for any reason. This left wing attitude has been with us for quite some time and it is time for it to end. All of our rights have been adjudicated away to some extent.
more than likely you have at one time or another had a traffic violation, should you lose your driving privileges forever? How does that sound to you? Concerning her re-offending is that where we are, in a “minority report” mindset? She MAY re-offend? Instead of hoping that people who offend will come home and be a productive member of OUR society, why not just kill them all? Be done with it. She crossed the line, right? Off with her head! She won’t cross that line of yours anymore!
I say theirs no reason her rights cops or should have Ben taken in the first place.The inlet reasons thay have Ben able to do so is because we the people have stood by because of being so busy in our ever day lives to stop for a minute and tell theses dam self richest politicians he’ll no your knot going to take the people’s constitutional and bill of rights away from any US citizen .It going to be a hard road back to we’re the founding fathers intended it to be know.I don’t condone the idea of civil war at all. We the US people can not defeat the US Military in battle. I saw that first hand in Manny war zones.Thay we’ll impose marshal law and mowe down all that a-pose them on the streets and yes here in the good old what use to be the good old USA. This country is not whot it should be or was mean y byears ago. Just look at David Hoge as. Prime Example.He really thinks that inlet law informant and the military should have firearms in this country today.I could go on and on with this but what we need is some really smart lawyers to get together and demand that the good old Supreme Court do these job and shout all this bull shit of disarmament shit down but I can’t see that happening we’re just to lazy and busy to demand our on rights back. They have all ready have us just we’re They won’t us .
Can someone translate what Michael is trying to say?
Michael just needs some rest it sounds like!!
If you are dumb enough to get a felony now days you are too dumb to have a firearm!
“now days” Just about everything is a felony. I bet you’ve committed a few in the past ten years. Probably will in the future. Maybe violent. Maybe not. May be perceived as violent. In these “now days” of micro and macro aggressions. When Biden takes over, he will follow the road map to gun confiscation that Trump unfolded and handed off to him. Where possession of a piece of plastic, without a barrel, chamber, or trigger is defined as being an illegal machine gun with a penalty of ten year prison sentences, and $200,000 fines by an unaccountable, illegally funded alphabet agency that enforces the presidents, and their own will on citizens to include robbery at gun point, theft, kidnapping and murder with impunity throughout Republican and Democrat administrations. With ever increasing budgets and more letters added. A piece of plastic mind you, that shipped with a copy of the approval letter from the self same BATFE stating in plain language that said piece of plastic is legal to manufacture, sell, buy, own, and use. You really gonna say this about a woman who kited a check, a decade ago? Good luck with that attitude. It’s gonna take you places you never thought you’d see……..
AMEN!!!! Well said brother! Working in local government, the one thing I can tell everyone is, BE WARY OF THE GOVERNMENT!!!!
Oh Bravo Kalashnikov Dude!
Your comment makes no sense.
I was kinda in the same boat. Actually my issue is over a bullshit menacing charge in 1994 in Colorado where I no longer live. I was working the 11pm to 7am shift at a connivence store/gas station where I was allowed to keep a pistol. Well, the guy who worked the shift before me kept “losing” money and stealing products. It got to the point where I mistakenly informed him one evening that was gonna have to tell the owner. The next night when I came in it appeared he had beaten me to the punch and the cops came out of the woodwork. He apparently told the owner and the police that I had chambered a round into my pistol , put it against his head and threatened to kill him if he unplugged my radio again. It was a bunch of bullshit but the DA there had a hard-on to go after anyone, evidence be damned, in a possible firearm crime. Anyway, I couldn’t afford a lawyer to fight it, as I was going to school and not living at home, and the court graciously provided me with a public defender for one day. All he could say was plead to it, get probation for 6 months and they will clear my record. So I did so and have never had any other issues. However, every time I buy a weapon and do the paperwork I’m sweating like crazy in fear that Colorado (Jefferson County) lied to me and didn’t clear my record but I’ve never had a problem passing a background check nor getting my carry license in Texas where I’ve lived for the last 15 years. Anyway, that’s my story in a nutshell.
100% behind her getting them back!
It’s funny, it’s like no one has ever really caught on to the fact that the commi bastards that got elected to the offices which govern us, have been using the law against us this whole time to take away the gun right. For the most part most state legislators only need to introduce a local law that carries the possibility of serving a 1 year sentence in the correct catergory and boom you fail the background check.
The other thing that is bullshit about the whole process is, they can spend the tax payers money on resources necessary to convict you, but the same system does not have to spend the resources to help clear you as well or give you the guidance to do so, if they work out your sentence, as well as probarion, they should also have to include what must be done or fulfilled to get any right back that’s been taken away from you.
The question would be – for WHAT CRIMES do we draw the line?
Example: I personally had some serious addiction issues back in the 80’s – and sold dope to an undercover here in FL. But I MADE SURE the deal I took – DID NOT INCLUDE A FELONY CONVICTION (dismissed and sealed upon completion of probation – first offense ever).
I knew I screwed up, and knew that a conviction would destroy my right to possess and play with one of my favorite things in life: GUNS. Got off paper in ’91, got my CWP back in ’93.
Then a friend, who got busted about the same time for simple felony possession – took the conviction. Been straight ever since. He’s had a clemency petition sitting in the FL governor’s office for nearly a decade now. He still has guns (in his spouse’s name), but if he gets caught with so much as a loose round of ammo rolling around under a car seat – FIVE YEARS STATE PRISON at risk.
Many states have restored felons right to vote (after this last election, it’s questionable whether the right to vote has any value anyways – but I digress).
The 2A has no provision for the forfeiture of that right – that came later by statute.
But for which type of criminal acts, would we consider granting “relief from firearms disability” (the legal term)?
Keeping in mind – CAREER CRIMINALS DO NOT CARE ABOUT LAWS ANYWAYS. Felons still use guns in crimes, because THEY DO NOT CARE about the “firearms enhancement charges” for crimes they commit with guns.
I don’t know that a “lawsuit” by this Utah woman is going to resolve anything. It may even make things WORSE if case law in the Federal Court System hears her case (and appeals) and that FAILS – which will set the legal precedent for ALL STATES (at least at a federal level). There is also the issue that a FEDERAL FELONY will preclude the right to own firearms in pretty much any state (just as an “out-of-state” conviction in another states jurisdiction, precludes ownership in ANY STATE you might move to later).
Rick
It’s pretty simple.
Either you are deemed safe to be in free society or you’re not.
All of this “felons with guns” is a modern idea (1960’s) red herring to further restrict 2nd amendment freedoms.
The tragic part is that it has been parroted by many “pro gun” people and played right into the enemy’s hands. It divides and conquers.
If you’ve done your time and repaid your debt to society, NO ONE has the moral authority to restrict you from the ability to defend yourself for the REST OF YOUR LIFE!
There should be NO second class citizen caste in America.
We can do better, folks. Let’s get these people their God given rights back. It’s about time!
BTW…for all those who say it doesn’t affect them “cuz I’m not or will ever be a felon”…the government can pass a law, or (ATF) issue a simple new regulation/ruling and turn you into a felon overnight.
Once you leave the jail or prison you get your guns back and that’s how it should be. If you can’t be trusted in society then you need to stay in the cage (prison or jail.)
She should get her rights back without having to file suit. When Congress did their backdoor deal with the ATF&E, that made all Firearms Disabilities lifetime prohibitions, with no path to get your rights back. There should be an automatic restoration of rights, after 10 years or so, with no problems. Congress prohibiting background checks to restore rights, was in itself an illegal and unconstitutional act. Full Constitutional Rights for all US Citizens.
jack007:
Well said, I agree completely.
What other rights do you lose by being a convicted felon? Do you lose your 1st, 4th, 5th, 6th, 8th etc. rights? If a person is not in jail or as a condition of probation or parole then they should have the right to defend themselves with a firearm.
Forgiveness without conditions is true forgiveness. Unless the original charge against her was of a violent nature, all of her rights as an American should be restored. That should have happened a long time ago.
If you can legally vote you should be able to legally own an gun. The requirements should be the same to do both. If you can’t legally own a gun, you shouldn’t be able to vote. Think about it. Maybe that would force the liberals to either tighten up on illegal voting or ligh
Shall not be infringed is absolute. Just about every single law for which Americans may have been convicted of, came after 1789. Plus, because every criminal law varies from state two state within the union, once a debt is paid… it is paid. Violent or non violent, should make no difference.
That it will actually take the Supreme Court to rule on this, just convolutes the matter even more, should they rule for anything other than with constitutional purity.
If lifetime revocation of any one right is attached to a conviction, then all convictions should impose a life sentence. But they don’t. Therefore, all rights should be returned upon completion of sentence.
After all, our rights are subjective to each American. Imagine you were convicted for hate speech. Should your 1st amendment right be lost forever?
Think about it.
YES!!!
If she’s gone over 10 years without any other arrests, I’d say she turned her life around, and that all her rights should be restored.
or lighten up on gun control
Her rights should have never been taken in the first place. Its called the Bill of Rights not the Bill of privledges .
Agree 100% with Michael.