Can a city court make me sign over (permanently) my right to bear arms?

Question

I pleaded 'no contest' to a 'simple assault' ticket... was never arrested. The court lady made me sign a sheet saying I could never own a firearm. There was no expiration date, no... no exceptions, no nothing except a lifetime loss of my second amendment rights. Is this fair? Can a small city court actually enforce something like this? I am not a FELON, was never even arrested. And YES I realize, I did plead no contest, I could have waited in the HELLA crowded lobby for 3 more hours to plead not guilty, had a trial date set, yadda, yadda and then (probaly) be found guilty (ever try pleading not guilty to speeding ticket?), have to pay all court costs, still sign over my right to bear arms. Anyways, Please can I get some intelligent responses?

**idk if this changes anything, but the alleged incident that i got the 'simple assault' ticket for didnt involve a gun in any way shape form etc. I dont own one and have actually always kinda hated guns, but I really feel like theres a principal involved. Could the court house have made me a sign a paper saying i could never drive again if i ran a red light?

Answer 1

The second ammendment is so misunderstood, The purpose of the ammendment was to allow males physically capable of acting in concert for the common defense to own and keep arms, of common use at the time, so that when they were called for service of the country they would be able to appear bearing there own arms.

First of all in Presser vs. Illinois as well as US vs Cruikshank the Supreme Court ruled that the second ammendment only forbids Congress from infringing on the rights of individuals to keep and bear arms and does not restrict states from banning the right.

Further in Lewis vs the US the supreme court has ruled that the legislature does have the right to restrict felons from certain rights including the right to keep and bear arms.

Furthermore in US vs Hanley the court rules that gun-control laws do not violate the second ammendment unless they impair on the states rights to maintain a well regulated militia.

It appears that there would be no basis for your argument, that your rights to keep and bear arms are being restricted or otherwise violated.

Answer 2

I used to live in Oklahoma City as you apparently do and I can affirm the municipal court there takes a lot of liberties with the law.You should be told that the ticket you were given is technically an arrest,even though you were not handcuffed and booked into jail.This is one of the ways the government intends to chip away at our right to own guns.Any minor infraction of the law will be used to do so.You should not have signed the paper.You should have gone to trial.Always contest a ticket as long as you can.Who knows,a witness might not show up in court and it will be dismissed.I also know how the OKC police operate and maybe your ticket was deserved and maybe it wasn't.If you left Oklahoma permanently would your new state of residence know of or even care to enforce that piece of paper?

Answer 3

Can they? Probably. While it is unconstitutional to make a law restricting the right to keep and bear arms (and there are quite a few, so apparently, the constitution isn't worth what it once was), if you signed a paper willingly agreeing to never own a firearm, that is probably a binding contract. If you want someone to tell you how to fight it, try the NRA. They have a legal defense organization that spends all of it's time challenging anti-gun laws and judgements and lobbying congress. Because you willingly signed the document, I doubt that you have a case, unless you can make out duress. But I'm not a lawyer.

Answer 4

I would never have signed such a preposterous document. If that caused me to have to wait in a crowded lobby for 3 hours or more, that's what I would have done.

You may have been foolishly conned into doing such a thing because you were too lazy to want to stand up for yourself in court.

My suggestion? Get a lawyer.

Answer 5

They can't make you sign anything. Since you willingly signed it, it will stand up in any court in the land.

Had you been convicted, you wouldn't have had to sign over your right to bear arms. They might have stripped it from you, but that wouldn't hold up nearly as well as you volunteering to sign it away.

You're getting plenty of intelligent responses. You're just upset because no one is telling you what you want to hear. We can't tell you what you want to hear.

Answer 6

If you're not patient enough to sit through the standard legal proceedings, SHOULD you have a gun?

"No contest" is, for all legal purposes is "Guilty". You simply skipped your day in court because you are impatient.

Answer 7

If the very appropriate courtroom ever reverses those judgements and regulations that the main appropriate to undergo palms would not be conscious to persons... then it would be time to teach the government precisely what the 2nd substitute grew to become into enacted for, in case you already know what i'm getting at.

Answer 8

Did you sign the paper? Also, was it made clear to you by your lawyer that part of pleading no contest was to have to sign this piece of paper?

Answer 9

that doesn't seem leagal... only if you have been arrested(which u said u weren't) or if you were charged with possesion of a concealed firearm, if u got pulled over. otherwise they shouldnt be able to


good luck

Answer 10

Yes. Too bad the ACLU cherry picks what part of the constitution to defend. 2a is not one of those parts.