Every day we read that more and more of the Capitol Hill insurrectionists have been arrested. Whether the FBI found them on social media because they were stupid enough to post and brag of their exploits, or their ex-wives, co-workers or family turned them in, the inexorable march of justice is finding them.

I can only imagine the fear that has taken over each and every one of their lives. The ones who haven’t yet been arrested must tremble at the sound of their phone or the doorbell. They must be living in absolute terror every day.

Already, about 300 suspects have been charged, and prosecutors say at least another 100 are likely to be added. Their alleged crimes range from easily provable trespass cases supported by video evidence to more complicated conspiracy allegations against paramilitary groups such as the Oath Keepers and the Proud Boys. The charges against these so-called patriots vary from trespassing, disorderly conduct, unlawful entry, conspiracy, vandalism, assault, damage to Federal property, use of explosives, crossing state lines to commit crimes. obstructing the formal counting of presidential election votes, entering Federal grounds with intent to disrupt government business, engaging in violence towards people within a restricted building, attempting to cover up their crimes, federal rioting, sedition, seditious conspiracy and possibly manslaughter or murder.  We’ve heard that some are looking at decades in prison, with 5 or more years being the expected minimum.

The question is: Will the majority of those charged actually do hard time?

I will be surprised if any of these people ever serve serious prison sentences. Remember they are white and claim they were acting at the behest of the former President.   Some were former or active police or military.   They’re all going to portray themselves as peace loving, patriotic Americans.   Lots of whining and flag waving and claiming they’ve seen the light and error of their ways.    And everyone knows the Federal prison system is overcrowded anyway. 

I hope I am 100% wrong.

The real irony of this affair is the Executive Order signed by President Trump on July 2, 2020, entitled PROTECTING AMERICAN MONUMENTS, MEMORIALS, AND STATUES AND COMBATING RECENT CRIMINAL VIOLENCE.

It states in part: Sec. 2. Policy. (a) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that destroys, damages, vandalizes, or desecrates a monument, memorial, or statue within the United States or otherwise vandalizes government property. The desire of the Congress to protect Federal property is clearly reflected in section 1361 of title 18, United States Code, which authorizes a penalty of up to 10 years' imprisonment for the willful injury of Federal property.

While it’s possible that some of these criminals may be tried, convicted and sentenced under the very order signed by the President for listening to that same President, I expect that a number of these people might enter into a plea agreement and plead guilty, in return for a fine and a sentence of probation.   But even that could be the worst thing they could imagine, because if they plead guilty to any these Federal crimes, they will lose their right to own or possess firearms.  Conviction of a felony results in a lifetime ban on gun possession. Irony abounds.

The federal rule is found in 18 U.S.C. § 922(g)(1). Rather than using the term “felony conviction,” it essentially says anyone “who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year” is barred from possessing a gun.

First, know that possession is not the same as ownership. Anyone convicted can’t even legally live in a home or travel in a vehicle in which a firearm is located.   What’s important in these cases is that the convicted felon is not allowed to be in possession of the firearm.  And you can be guilty of constructive possession if the following are true:

·       The convicted person knows that the firearm was in the home; or the person had the ability to maintain control over the firearm.

Courts have found people guilty of being a felon in possession of a firearm when they didn’t actually touch a firearm.  So, if your spouse keeps a gun in the house, and you know it’s there, you can be charged with another serious crime., and you probably won’t get probation for this violation.  

It is possible for someone so convicted to restore their gun rights, years after the conviction, but I can’t see this happening.   I would be surprised if anyone punished for their involvement in the insurrection ever has their gun rights restored. These are, after all, crimes of violence against the United States.

As an avid gun owner and 2nd Amendment supporter, I can tell you this would be just about the worst thing any of these people can imagine, because their gun rights mean everything to them.    

For these people, I think that having their guns taken away is worse than a year or so in prison, and  I can’t help but smile at this.   Hopefully they’ll get prison time AND lose their gun rights. Being the conservative law abiding citizens they are, they probably always felt that criminals shouldn’t own guns anyway.

Karma is a bitch and it’s about to bite a whole lot of people on the ass.  

UPDATE : 1March 12, 2021

WASHINGTON (Reuters) - The U.S. Justice Department on Friday said it expects to file criminal charges against more than 100 additional people who allegedly participated in the Jan. 6 attack on the U.S. Capitol, in what it described as probably the most complex investigation it has ever handled.

More than 300 people already face charges stemming from the siege, which left five people dead and more than 130 police officers injured as thousands of supporters of former President Donald Trump tried to prevent Congress from certifying his election defeat.

The Justice Department made the disclosure in court filings seeking 60-day extensions in some cases so that investigators can adequately pull together evidence