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Fed Court Denies Navy Veteran From Owning Gun Due To 1968 Misdemeanor
CBS DC ^ | 1/11/2013 | unknown

Posted on 01/12/2013 2:12:05 PM PST by middlegeorgian

Edited on 01/12/2013 3:46:02 PM PST by Admin Moderator. [history]

WASHINGTON (AP) ó A federal appeals court says a Maryland veteran canít 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.


(Excerpt) Read more at washington.cbslocal.com ...


TOPICS: Constitution/Conservatism; US: Maryland
KEYWORDS: banglist; govtabuse; guncontrol; maryland; secondamendment; tyranny
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1 posted on 01/12/2013 2:12:15 PM PST by middlegeorgian
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To: middlegeorgian

Move dude.


2 posted on 01/12/2013 2:13:55 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife

He’d have to move out of the country, it’s a federal law at issue. (The infamous, and nefarious, Lautenburg amendment.)


3 posted on 01/12/2013 2:16:42 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: middlegeorgian

rights require no permits

permits mean someone gave you permission... and that same someone can deny your G-d given second amendment rights

gun permits are, by definition, unConstitutional


4 posted on 01/12/2013 2:16:42 PM PST by sten (fighting tyranny never goes out of style)
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To: middlegeorgian

A fist fight from 40 years ago? This is just an excuse to keep guns out of citizens hands.


5 posted on 01/12/2013 2:17:01 PM PST by middlegeorgian
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To: sten

Gun control laws are also unconstitutional, FWIW. (Which isn’t much these days.)


6 posted on 01/12/2013 2:18:56 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: middlegeorgian

Behold the power of the Lautenburg amendment. “Reasonable, modest, common-sense” restrictions on the right to keep and bear arms. Something more than 40 years ago, that carries a smaller fine than a speeding ticket, prohibits someone from owning a gun for life. (At least, after the law was passed. And it was retroactive.)


7 posted on 01/12/2013 2:22:33 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: middlegeorgian

As far as I’m concerned, anyone too dangerous to own a gun is someone too dangerous to walk free.

We need to go back to keeping dangerous criminals in prison and handing guns back over to inmates they release.


8 posted on 01/12/2013 2:25:46 PM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: middlegeorgian

We should point this out...it was forty years ago as a sailor. In most states, you would have been released to the commander, and no state paperwork done.


9 posted on 01/12/2013 2:26:14 PM PST by pepsionice
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To: middlegeorgian; All

The Lautenburg amendment deals with domestic violence, not other assault convictions.


10 posted on 01/12/2013 2:30:09 PM PST by Anoreth (It's not a great party until someone loses rank.)
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To: middlegeorgian

Since we’re no long a nation of laws (laws for thee, but none for me crap), he should just go buy one off the street like the gang-bangers do.


11 posted on 01/12/2013 2:34:43 PM PST by lgjhn23 (It's easy to be liberal when you're dumber than a box of rocks.)
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To: middlegeorgian
Equal Protection Of The Law

n. the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law. It is akin to the right to due process of law, but in particular applies to equal treatment as an element of fundamental fairness. The most famous case on the subject is Brown v. Board of Education of Topeka (1954) in which Chief Justice Earl Warren, for a unanimous Supreme Court, ruled that "separate but equal" educational facilities for blacks were inherently unequal and unconstitutional since the segregated school system did not give all students equal rights under the law. It will also apply to other inequalities such as differentials in pay for the same work or unequal taxation. The principle is stated in the 14th Amendment to the Constitution: "No State shall…deny to any person within its jurisdiction the equal protection of the laws."

the state has deprived this man of his right to keep and bear arms despite the fact that millions of other Americans with misdemeanor assault convictions rightfully retain their legal right to keep and bear arms. How is this equal protection of the law?

12 posted on 01/12/2013 2:35:05 PM PST by RC one (.From My Cold Dead Hands.)
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To: middlegeorgian

A fist fight from 40 years ago? This is just an excuse to keep guns out of citizens hands
= = = = = = = = = = = = = = = = = =
Not trying to give anybody any ideas, but those that have been diagnosed PTSD-Military and receiving a VA pension may fall under this kind of idiocy.

Remember from a few years back when they were giving boys, who were acting like boys in school, Ritalin or whatever ‘control drug’ was in fashion, were denied access to enlisting.


13 posted on 01/12/2013 2:35:09 PM PST by xrmusn (6/98 "It is virtually impossible to clean the pond as long as the pigs are still crapping in it")
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To: coloradan

When did the Lautenberg amendment go into effect?


14 posted on 01/12/2013 2:39:13 PM PST by Eva
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To: coloradan

I do think calling $1000 in 1968 money less than a speeding ticket is pushing it a bit—that would be well over $6000 today.


15 posted on 01/12/2013 2:39:52 PM PST by 9YearLurker
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To: 9YearLurker
.. and fined $100
16 posted on 01/12/2013 2:45:00 PM PST by tomkat (HELL NO)
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To: middlegeorgian

I know a man who left the scene of an accident back in 1939. Everyone knew the accident was not his fault but he still got prison time.

Then he was let out and given a gun to kill Nazis with Patton’s Third Army. He became a productive citizen and never had trouble with the law.

He owned a gun off and on until 1968 when he became ineligible due to the 1968 Gun control law.


17 posted on 01/12/2013 2:45:19 PM PST by Ruy Dias de Bivar (Click my name! See new paintings!)
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To: middlegeorgian

This is only the beginning. Once the full background check regime is in place, our “representatives” will tighten the noose until no one can pass a background check. The have their national licensing system now.


18 posted on 01/12/2013 2:54:42 PM PST by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: middlegeorgian

This is only the beginning. Once the full background check regime is in place, our “representatives” will tighten the noose until no one can pass a background check. The have their national licensing system now.


19 posted on 01/12/2013 2:54:52 PM PST by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: middlegeorgian

Free men don’t ask permission.


20 posted on 01/12/2013 2:59:02 PM PST by elkfersupper ( Member of the Original Defiant Class)
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