Trego's Mountain Ear

"Serving North Lincoln County"

Disarming Trump

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It looks to me that the New York court has disarmed Trump.  I’m sure that New York is more stringent on laws about felons and firearms than Montana, and Montana’s laws confuse me a bit:

Unlawful Possession Of Firearm By Convicted Person

45-8-313. Unlawful possession of firearm by convicted person. (1) A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:

(a) a felony for which the person received an additional sentence under 46-18-221;

(b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221; or

(c) a felony for which the person is currently required to register for the sexual or violent offender registry.

(2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.

(3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.

I checked out 46-18-221, and Trump’s felony convictions in New York don’t violate that code.  So, in my incompetent legal opinion, I figure Trump can go hunting in Montana.  Keep in mind, I am not an attorney nor have I ever played the part on TV.  Professionally, I have only had to know Article 2, Section 1, Clause 3 – the enumeration clause.  I’m pretty good with it, but it doesn’t apply.

There’s something a little weird when New York can disarm the man who travels (or stays home) with a bevy of armed secret service agents and the briefcase with the nuclear codes.  Just noticing, you understand.  As Kipling noted in “Cleared” – “we are not ruled by murderers, but only by their friends.” 

And yet, it seems to me that Montana is a bit more understanding than most states – Trump’s conviction is about as non-violent as can exist, and no one seems to have been harmed.  I’m sure associating with Stormy Daniels wasn’t one of his brightest ideas – but paying the woman to keep her mouth shut over a one night stand doesn’t seem to harm anyone. 

So I’m pleased to live in a state where the legislature hasn’t been so careless as to strip away rights from the President and other non-violent felons.  And if my legal interpretation is wrong, let me know and we can hassle our state representatives and senators.

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