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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Our 2nd amendment says you have to be found guilty of a

Customer Question

Our 2nd amendment says you have to be found guilty of a crime by a jury to lose your gun rights I was not I was found guilty by a judge is that the same thing
Submitted: 12 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 12 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Being convicted is enough. You can plead guilty (which effectively is the same thing as being found guilty), and even though you're not found guilty by a jury, you're guilty nonetheless. The same is true in a bench trial (where the judge determines guilt / innocence, rather than a jury).

Also, the 2nd amendment says nothing about a jury, and the Constitution doesn't specifically say anything about deprivation of 2nd amendment rights. The actual text says "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." Now the Due Process Clause of the Fourteenth Amendment states that no person shall be “deprived of life, liberty, or property without due process of law.” This is where those 2nd amendment rights and other rights (such as voting, etc...) are taken away. "Due process" here means a legal process. The right to be heard, the right to defend yourself, etc... But that is encompassed in a bench trial as well as a jury trial. Now you had the right to a jury trial (meaning that you could have demanded it) but you can also waive that right. So if you agreed to be heard by a judge instead of a jury, or didn't demand the jury, then it would still be valid.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 12 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 12 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

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