Interesting story from Bendable country. Wonder if he has any additional information on this case.



Phillips has been charged with illegally possessing firearms after applying to Gov. Kim Reynolds to have his gun rights restored, which he lost after a 1978 misdemeanor conviction. (Cedar County Sheriff's Office via AP)
IOWA CITY, Iowa (AP) — Retired farmer Allan Phillips had been out of legal trouble for 40 years when he asked Iowa’s governor to restore the gun rights he lost in 1978.

Phillips, 76, wrote in his 2017 application for clemency that it was time for him to get past the consequence of his misdemeanor conviction for having a loaded hunting gun in his vehicle. But his request would ultimately land him in legal jeopardy.

As his application slowly moved forward, Phillips received a surprise visit earlier this year from state investigators conducting a background check. They found that he had access to firearms at his home in West Branch in violation of the gun ban that his 41-year-old conviction had triggered. They soon charged him with being a felon in possession of a firearm, which can carry up to five years in prison.

The prosecution of Phillips, who is awaiting trial, has reignited debate about whether the lifetime loss of gun rights is too harsh for some defendants and shows how hard it is to get them restored once lost. The county sheriff, who wrote a letter describing Phillips as a law-abiding citizen as part of the application process, said Phillips likely could have kept guns off the radar had he not applied for legal recognition to own them.

“He probably would have been better off staying quiet,” Sheriff Warren Wethington said.

Phillips’ wife, Linda, called the case unfair but said “I don’t think there’s anything we can do about it.” She said her husband didn’t wish to comment.

Phillips is not a felon despite the charge he faces. Instead, he was convicted of a misdemeanor for carrying a prohibited weapon in 1978. He was caught with a loaded trap gun, typically used for shooting at clay targets, in his car in Johnson County, records show. He was sentenced to one year probation. But the conviction triggered the lifetime loss of his firearm rights under Iowa law because it was an aggravated misdemeanor involving a firearm.

Phillips did not get in any more legal trouble — except for a 2013 traffic ticket — and continued farming on 160 acres in Cedar County, according to his application.

“Really at my age of 75, I would like to clear my name of this charge and have my rights restored,” he wrote in the application, obtained through the open records law.

Like its lifetime ban on voting rights for convicted felons, Iowa is among the nation’s harshest states when it comes to stripping gun rights from criminal offenders. People who are convicted of felonies and some misdemeanors lose their right to purchase, use and own firearms in Iowa for life, unless restored by the governor. Many other states only limit the loss of gun rights to violent offenders, allow those rights to be restored after a specific time period, or outlaw the possession only of handguns.

Gun safety advocates say the bans promote public safety by keeping weapons out of the hands of potentially dangerous people. Critics say the punishment can be draconian, particularly for those who are convicted of misdemeanors and who grew up hunting and shooting.

Five years after completing their sentences, Iowa offenders can apply to the governor to have their gun rights restored. Relatively few apply and less than 10 percent of them are successful, according to state officials.

Applicants must complete a detailed form that asks for information about the crime and copies of their criminal histories and credit reports. Letters of recommendation from the prosecuting attorney, the sentencing judge, the county sheriff and employers are also requested.

The Iowa Board of Parole then considers whether to support the application, based on factors including whether the person has demonstrated “exemplary character,” shown remorse and given back to society. If the board gives a positive recommendation, the governor then decides whether to grant it. The process can take two years.

Republican Gov. Kim Reynolds, who supported a 2017 law that drastically expanded gun rights and was endorsed last year by the National Rifle Association, did not restore firearm rights to any ex-offenders during her first 19 months in office, according to an annual report her office sent lawmakers in January. Gov. Terry Branstad restored gun rights for 26 ex-offenders during the previous 6 ½ years, about 4 per year.

Phillips’ application was proceeding when Division of Criminal Investigation agents made an unannounced visit to his home Feb. 27. There, they found that he had access to three shotguns and a long gun, and boxes of ammunition for those weapons, according to a criminal complaint. They arrested him on the felony charge two weeks later, and he was released from custody after a court appearance.

Phillips has pleaded not guilty and is due in court July 12 for a pre-trial conference.


LINK: https://apnews.com/1b31fe04491c42a9bde801faf5610507

So.... He is not actually a felon, but they charged him with being a felon in possession? And the charge was not immediately dismissed upon his first appearance?
And in the "clemency" application they want your credit score?
So much is wrong with this!

Governor needs to use the pardon power. This is one of those situations which it is made for.

I can’t help but be curious about how often felon in possession of a firearm charges are plea bargained away in Iowa’s metropolitan areas.

Of course, a 75 year old farmer with a 12 gauge obviously poses a bigger threat to the public than some miscreant thug in the city.

Can’t tell a thing as stupidly written as the story is.

Is Iowa in America?

quote:

Originally posted by YooperSigs:
So.... He is not actually a felon, but they charged him with being a felon in possession? And the charge was not immediately dismissed upon his first appearance?

You'll need to check the wording of the actual Iowa statute, not just the title.

Per the news story:

quote:

Phillips is not a felon despite the charge he faces. Instead, he was convicted of a misdemeanor for carrying a prohibited weapon in 1978. He was caught with a loaded trap gun, typically used for shooting at clay targets, in his car in Johnson County, records show. He was sentenced to one year probation. But the conviction triggered the lifetime loss of his firearm rights under Iowa law because it was an aggravated misdemeanor involving a firearm.

Often, similar charges in other jurisdictions would include not only felons, but also people with misdemeanor domestic violence convictions, those adjudicated mentally ill, as well as various other possible categories like Iowa's aggravated gun-related misdemeanor convictions. It's also often titled something like "Possession of a firearm by a prohibited person" or the like. Arkansas titles it "Possession of a firearm by certain persons".

But while Iowa likely includes those non-felon classifications in the wording of the statute, they may not have included them in the title, with "felon in possession" being simply a shorthand title for "felon and/or domestic violence convict and/or aggravated gun-related misdemeanant and/or crazy person in possession".

Can someone tell me how your credit score affects your right to claim your rights back ? God Bless

When that sort of stuff happens here in Mississipi there is usually someone who has a score to settle. The other reason is a by the book bureaucrat in a position of authority. I do agree with jjones that the author of the story is not in line for any Pulitzer prizes.

quote:

Originally posted by maximus_flavius:
Is Iowa in America?

No. I remember when a Chicago copper punched a guy that attacked him. The copper was arrested because apparently self defense in Iowa is a no no

quote:

Originally posted by jljones:
Can’t tell a thing as stupidly written as the story is.

^^ This.

That was from the AP. Must be hiring morons. AP and UPI used to have editors.

Are you expecting flowery prose, guys? The article isn't worded vaguely and presents all relevant information. What's so stupid about the way it's written?

quote:

Originally posted by maximus_flavius:
Is Iowa in America?

Whenever Grinell College is mentioned, I ask this question.

quote:

Relatively few apply and less than 10 percent of them are successful

Rather self explanatory. The sheriff is right. He should have kept quiet. The system doesn't exist to help you.

quote:

Phillips is not a felon despite the charge he faces. Instead, he was convicted of a misdemeanor for carrying a prohibited weapon in 1978. He was caught with a loaded trap gun, typically used for shooting at clay targets, in his car in Johnson County, records show. He was sentenced to one year probation. But the conviction triggered the lifetime loss of his firearm rights under Iowa law because it was an aggravated misdemeanor involving a firearm.

I thought we beat these fuckers in WWII?

quote:

Originally posted by YooperSigs:
So.... He is not actually a felon, but they charged him with being a felon in possession? And the charge was not immediately dismissed upon his first appearance?
And in the "clemency" application they want your credit score?
So much is wrong with this!

I’ll explain. Iowa has three classifications if Misdemeanor offenses (simple, serious, and aggravated) punishable by imprisonment of up to 30 days, 1 year, and 2 years respectively.

Iowa code 724.25 defines a Felony as...

quote:

1. As used in section 724.26, the word “felony” means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less.

It’s written kind of odd. Basically, any actual felony, and any aggravated misdemeanor involving a firearm count as a felony conviction for the purposes of prohibiting the possession of firearms. Carrying a firearm without a permit counts, which is what his conviction is for.

Iowa has a statute for carrying weapons while intoxicated, too, which used to be an aggravated misdemeanor. They reclassified it as a serious misdemeanor because too often it was an otherwise lawful permit holder who got arrested for it (most often a drunk driver or boater with a gun on them) and upon conviction, they could never possess a firearm again.

quote:

Originally posted by corsair:

quote:

Originally posted by maximus_flavius:
Is Iowa in America?

Whenever Grinell College is mentioned, I ask this question.

Grinnell is in its own world. I worked there for a couple years. The college is not representative of the town or area. Super conservative good-ol’-boy attitudes locally.

Another victim of BOHICA. Fuck you very much Iowa. The 'crime' is 'access'. On that loose standard would he have been in violation for visiting his children or grandchildren for a Thanksgiving dinner and there was an unsecured gun on the mantle, under a pillow, in a closet, in a display case, in the attic? Any of those would be accessible. The stupid law jeopardizes a swath of possibilities.

quote:

Originally posted by Bulldog7972:

quote:

Originally posted by maximus_flavius:
Is Iowa in America?

No. I remember when a Chicago copper punched a guy that attacked him. The copper was arrested because apparently self defense in Iowa is a no no

I remember the bigger problem with that case was the officer lying about what happened initially. It makes it hard to take the subsequent story at face value.