Here’s a question that has had people take different stances here who watch this channel, and I think this will help towards educating folks on what should really happen. Do you get your second amendment rights back after having a felony conviction expunged? Now, for some folks in Indiana, the answer is no. According to the Federal Bureau of Investigation. The Indiana attorney general said that the FBI, they’re wrong. And he came to the defense of some Hoosiers after the Indiana state police asked him for clarification on their expungement process.

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An expungement means total deletion from your record right now. Yes, many people are going to know you should always be, I guess, held without your rights, you should always be deprived of your rights if you commit a crime. I don’t think the forefathers would agree with that. I really don’t. Now, each state, it needs to be said that each state has their own list of criminal convictions that can be expunged.

What can be expunged in Indiana might not be expunged in Tennessee or in California, et cetera. And what is eligible for expungement depends on each state, not the Federal Bureau of Investigation. Now, when the Indiana attorney general, his name is Todd Rokita, he came to the defense, like I said, of who’s your second amendment rights? In a legal opinion requested by the Indiana state police regarding the FBI’s misunderstanding of Indiana law.

Now, before I show you the letter, I want to give you a quick quote from Ag Rukita, because I liked it. Said, in Indiana, we believe expungement restores civil rights, including Hoosier’s Second Amendment rights. America values justice and liberty for all, and this includes reinstating the right to vote, hold public office, serve as a juror, and purchase a firearm. Let’s get to this quick letter. He sent this to Lieutenant Neil Foreman of the legal counsel for ISP, and he said, dear Lieutenant Foreman, the office of the attorney general received your request for an official opinion on whether the expungement under Indiana Code restores the civil rights of individuals convicted under certain felonies, including the right to purchase or possess a firearm.

Please note the OAG previously issued Official Opinion 2019 six concerning the restoration of firearm rights under Indiana’s expunction statutes. This opinion updates and supplements the official opinion 2019 six and is put forth due to the misapplication of Indiana law by the Federal Bureau of Investigation and is meant to clarify the firearm rights of an individual convicted as a serious violent felon under Indiana code who subsequently has that crime expunged.

The question does an expungement restore a felon’s firearm rights when convicted of a serious violent felony under Indiana code? Brief answer yes, because an expungement restores civil rights with no firearm restrictions. Although Indiana’s expungement process is inapplicable to certain felonies, a conviction of official misconduct or a conviction for a crime of domestic violence, Indiana code, blah, blah, blah provides that an expungement fully restores a person’s civil rights, including the rights to vote, hold public office, serve as a juror, and be a proper person under Indiana law to purchase or possess a firearm.

If the legislature intended to create a similar prohibition for serious violent felonies, it could have done so, and the absence of such an exception indicates a legislative intent to restore the civil rights of these individuals. The background recently, the OAG has become aware of several instances by the FBI taking a stance contrary to Indiana law and to the detriment of the civil rights of Indiana citizens. The FBI has denied the right to purchase or possess firearms to Indiana citizens who have successfully had certain categories of felony convictions expunged.

In Indiana courts analysis, a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Of course, that’s the US constitution, amendment number two. The people shall have a right to bear arms for the defense of themselves and the state. That’s the Indiana Constitution, article one, section 32. Our federal and state constitutions provide our people the right to possess and carry a firearm, and any limitations prescribing this right must be very narrow and clearly justified.

I’m going to pause right there. The Constitution of the United States does not provide us that right. It’s already there. We’ve already had it. It’s a preexisting right, unalienable. What it does is tells the government that they cannot infringe on that. So, ag rakita, maybe just check yourself on that. But the rest of this is pretty good. In Indiana, a person who has been convicted of a federal or a state offense punishable by a term of imprisonment exceeding one year may not knowingly or intentionally carry a handgun.

He or she is not a proper person to carry a handgun. Under Indiana law, however, a convicted felon may apply for expungement of a felony conviction under Indiana code. Once a felony conviction is expunged, a person’s civil rights are fully restored, including the right to vote, to hold public office, to be a proper person under Indiana code, and to serve as a juror. And a person whose record is expunged shall be treated as if the person had never been convicted of the offense.

Indiana’s expungement process is inapplicable to certain felonies, and if you want, you can pause to see them there. Now he goes on and says that it’s important to know or to recognize what a statute does not say in addition to what it does say. And he says, know. The legislature never said that they can’t have their rights back, so therefore they get their rights back. We don’t make stuff up as we go along.

Here’s the conclusion. In Indiana, a person who commits a serious violent felony and then has their felony conviction successfully expunged in court must be treated as if they have never been convicted of the offense, with the exception statutorily prescribed for certain disqualifying felonies, a conviction of official misconduct, or a conviction of a crime of domestic violence. Expungement restores all civil rights, including the right to vote, hold public office, to serve as a juror, and to be a proper person under Indiana law to purchase or possess a firearm.

If the legislature intended to create a similar prohibition for serious violent offenses, it could have done so, and the absence of such exception indicates a legislative intent to restore the civil rights of these individuals. Sincerely, Todd Rokita, the attorney general of Indiana. Now, I want to hear from you, because I know many of you think differently, but here’s what I want you to think. About. This is a tough question for everybody.

This is one of those ones you got to look deep inside for. Do you truly believe that shall not be infringed means shall not be infringed, and thus, if somebody has a crime expunged on their record or if they are given a pardon, a granted a pardon by a governor, it’s supposed to delete everything. So do you think that they should actually get their rights back or not? If you don’t think they should get their rights back, do you truly believe in the intent of the second amendment? And that’s a tough question for everybody.

And I want you to seriously think about that, get past the feelings. If a court says, you know what, yeah, we think that this should be expunged. And it’s not easy to get stuff expunged. I’m sure many of you can vouch for that in the comments. But if a judge says, you know what, yeah, you’ve done the right thing for x amount of time, you’ve done what is expected of a person of high intestinal fortitude.

Yeah, we’re going to take that off your record. But you don’t think they should have their rights back. Why does the individual feeling supersede a court or an attorney general or something like that? Who’s said, yes, that person gets their rights back? I want to know down below. Now, many of you might not want to chime in on this, but I think this is one to think, to look deep inside, especially with 2024 being that type of year where the second amendment is going to be key to America still going on as America.

Let me know what you think down below again, if you didn’t see my video from yesterday, about 900,000 views last month came from people who are not subscribed. Subscribing to the channel is free. It doesn’t cost you a nickel, but it absolutely helps this channel out tremendously with the YouTube BS algorithm. Please hit that subscribe button down below, please like the video, clicking those two buttons will take you 3 seconds of your life, but it’ll have a huge impact on the channel going forward.

So thank you for your consideration. Please check out SDI. I appreciate each and every single one of you. Be safe, stay vigilant and carry a gun. It’s your right. It’s your right. And you can’t carry a cop, so you might as well carry something to keep yourself safe. See you in the next soon. Take care. .

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