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wickowick 
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| Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 12:50 pm)
LINK
quote:
WASHINGTON (AP) — A federal appeals court says a Maryland veteran can’t own a gun because of a misdemeanor assault conviction more than four decades ago.
The U.S. Court of Appeals for the District of Columbia on Friday turned away an appeal from 68-year-old Navy veteran Jefferson Wayne Schrader, who sued after failing a 2008 background check.
Schrader was convicted of misdemeanor assault and battery and fined $100 after a fistfight in Annapolis, Md., in 1968.
Federal law says gun owners cannot have a state misdemeanor conviction with a possible sentence of more than two years. In 1968, Maryland did not have a maximum prison penalty for misdemeanor assault.
The appeals court agreed Schrader could have been given more than two years in prison, and so he is ineligible to own a gun.
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lsu13lsu
LSU Fan
Member since Jan 2008
1134 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 12:54 pm to wickowick)
Wow.
"The government is not going to take your guns." "We just want guns out of the wrong people's hands." "We just want to do stricter background checks."
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los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
54265 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 12:56 pm to lsu13lsu)
How the hell is it that the government must know this when it is a guaranteed right found in the Bill of Rights?
It is fricking bull shite nonsense.
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Kcrad
LSU Fan
Bucolic Slidell
Member since Nov 2010
5774 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 12:57 pm to lsu13lsu)
Are these rules additive?
Someone with two convictions, would they add both sentences together???
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wickowick
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 12:58 pm to los angeles tiger)
quote:
It is fricking bull shite nonsense.
I mean the guy has a history right, look at the pattern, once in 68 years...
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Meauxjeaux 
Memphis Fan
I have 91k posts with all my alters
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:10 pm to wickowick)
The screws are tightening.
In the cc classes I'm in right now we just finished discussion of the crossover of guns and medicine.
If you have ever been prescribed an anti depressent prepare to have your license app subjected to extra scrutiny today.
Tomorrow prepare to have it denied.
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ForeLSU
LSU Fan
The Corner of Sanity and Madness
Member since Sep 2003
30360 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:18 pm to wickowick)
stupid interpretation of the reg...however I'm failing to understand what him being a Navy Veteran adds to the story
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wickowick
LSU Fan
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Member since Dec 2006
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:19 pm to ForeLSU)
quote:
however I'm failing to understand what him being a Navy Veteran adds to the story
I agree, it shouldn't matter...
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Tigah in the ATL
LSU Fan
Atlanta
Member since Feb 2005
20643 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:19 pm to los angeles tiger)
quote:
when it is a guaranteed right found in the Bill of Rights?
rights are not absolute. you should know this.
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los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
54265 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:20 pm to Tigah in the ATL)
quote:
rights are not absolute. you should know this.
Please stop posting, because rights are not absolute. You have no right to speak anymore.
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Tim
LSU Fan
Texas
Member since Jan 2005
5322 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:20 pm to ForeLSU)
this is why I disagree with the mental health avenue...mental health diagnosis is very fluid, depending on which MD you are talking to...you think this administration hasn't thought this through...keep believing they have our best interest at heart, freedoms will be lost...forever!
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TheFolker 
Kentucky Fan
Member since Aug 2011
1917 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:21 pm to Meauxjeaux)
quote:
If you have ever been prescribed an anti depressent prepare to have your license app subjected to extra scrutiny today.
Which will result in fewer people seeking the treatment they need.
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los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
54265 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 1:29 pm to TheFolker)
This is so stupid because I can go out and buy a gun a street. It's pretty easy to do. Yet government is too busy with this type of of bull shite to someone like this Navy Vet while having a revolving door for criminals that have been arrested multiple times and always have guns.
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CarrolltonTiger
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New Orleans
Member since Aug 2005
44015 posts
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:04 pm to los angeles tiger)
quote:
In 1968, Maryland did not have a maximum prison penalty for misdemeanor assault.
Doesn't anyone find this even more outrageous?
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SpartyGator 
Florida Fan
Member since Oct 2011
12906 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:04 pm to wickowick)
And from over 40 yrs ago? What a crock of shite..
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Tigah in the ATL
LSU Fan
Atlanta
Member since Feb 2005
20643 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:18 pm to ForeLSU)
quote:
Navy Veteran adds to the story
appeal to emotion
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los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
54265 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:20 pm to CarrolltonTiger)
quote:
Doesn't anyone find this even more outrageous?
It's outrageous but I am not shocked since living in California.
This post was edited on 1/12 at 2:21 pm
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Teddy Ruxpin
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New Orleans, LA
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:22 pm to Tigah in the ATL)
quote:
appeal to emotion
Ya most likely. However, it is odd, and perhaps another angle, to suggest that as a Navy veteran, our country trusted him with at least weapon training, and therefore, this would appear to be sillier considering he was entrusted with weapons for national defense, but cannot be trusted to protect himself.
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los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
54265 posts
| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:25 pm to Teddy Ruxpin)
Obama admitted to doing lots of drugs and doing such is something that is more than a misdemeanor. How in the hell can such a man be president and make such decisions about war if a Navy Vet isn't allowed to purchase a gun due to a misdemeanor from 1968?
Let's not forget that he is pushing for gun control yet has associations and friendships with domestic terrorists that killed other Americans.
This post was edited on 1/12 at 2:27 pm
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TrueTiger
LSU Fan
Republic of West Florida
Member since Sep 2004
2592 posts
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| re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/12/13 at 2:37 pm to wickowick)
There is federal law that provides a procedure for felons to apply to the BATF to have their firearms rights restored. It is Title 18 United States Code section 925(c).
BUT there is a catch-22. Congress has defunded the section of the BATF that processes these applications. Since there is no money to do them, they don't do them.
Here is a little article where it was explained to a convicted congressman:
Judge explains BATF defunding
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