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Member since Sep 2004
re: Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor (Posted on 1/13/13 at 8:34 am to TrueTiger)
I think I may have caused a little confusion so my apologies and a go at clearing up my little mess.
The OP is about the Navy Vet whose background check flagged him as negative to purchase because of a very old assault conviction. He apparently filed some sort of complaint about being denied in a federal court.
My post explained that there is technically a legal process for him to try and get clearance directly through the BATF, it's a law passed by congress and is still on the books, I cited the exact law.
Next, I explained that this law is not followed by the BATF because the department that does this work is not funded by the congress. I then linked an article from another case where an Arkansas former representative was convicted was attempting to get his gun rights restored. I did this because the judge in that case had a nice little explanation about the defunding, so it was a good example.
The article I linked is NOT about the Navy Vet from the OP. It is just there as an illustration of the defunding problem.
It is not clear to me if the Navy Vet attempted the BATF route and was turned away and then went to court over that, or if he just went straight to court over the background check denial. Not that this matters, the result is the same.
Sorry about any confusion and hope its all cleared up.
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