Court Bars Navy Vet From Gun Purchase Over 1968 Misdemeanor

NewsMax ^ | Jan. 12, 2013 | NewsMax

[AuntB]

A Navy veteran can be barred from owning a gun because of a 1968 misdemeanor conviction over a fistfight, a federal appeals court ruled.

A three-judge panel in Washington upheld a lower-court ruling “which found ‘no constitutional impediment’ to including common-law misdemeanants” within the federal firearms ban. The lower court observed that “the right secured by the Second Amendment is not unlimited,” U.S. Circuit Judge David Tatel wrote in Friday’s opinion.

The federal ban applies to several categories of people, including fugitives, undocumented aliens, those who are judged mentally incompetent or those who have been convicted of felonies or certain kinds of misdemeanors, including ones involving domestic violence.

Jefferson Wayne Schrader, 64, of Cleveland, Ga., sued to challenge the ban in 2010 after a companion tried to buy him a shotgun and Schrader tried to purchase a handgun in two separate transactions.

The Federal Bureau of Investigation blocked the shotgun purchase when the National Instant Criminal Background Check computer system flagged Schrader’s July 1968 conviction for misdemeanor assault.

The assault occurred in Annapolis, Md., while Schrader, then 20, was serving in the Navy and encountered a member of a street gang who had previously assaulted him, according to his complaint.

Schrader punched his assailant and was convicted of common-law assault and battery and fined $100. The court imposed no jail time. Schrader went on to serve a tour of duty in Vietnam and received an honorable discharge. He had no other brushes with the law, except for one traffic violation, he said in his complaint.

[Wurlitzer]

“SHALL NO BE INFRINGED” make that “SHALL NOT BE INFRINGED”

Maybe this POS president is having more effect on me than I am willing to admit.

[jmcenanly]

After reading this, I am certain of two things:
1. Anyone applying will probably have at least one thing in his record that would be a show-stopper, particularly in a country where the average person unconsciously commits three felonies a day.
2. Frequent and generous contributions to liberal causes will cover a multitude of sins.
I expect to hear more stories like this, but not from the MSM

[familyop]

So the Administration did “improve” the background check system and plans to improve it further. [Big, fat irony and sarcasm there.] Prior service friends, see what’s ahead.

And remember that Republicans helped Democrats to pass the VAWA, which violates the Second Amendment right of Americans accused (accused—no more) of domestic violence (restraining orders). Yesterday: “deadbeat dads.” Tomorrow: deadbeat taxpayers?

Never advocate violating the civil (constitutional) rights of another subgroup of Americans—not under “get tough on crime” campaigns or any other pretense.

[AuntB]

This is interesting, just sent by a friend. It outlines most of the ‘mass’ killings/violent attacks and the LEGAL drugs each of the perps was on or withdrawing from at the time.

http://ssristories.com/index.php?sort=what&p=school

[rockrr]

BTTT

[NormsRevenge]

Clinton appointee.. 1994.. Ruth’s old seat.. (that cushion must have needed some cleaning)

http://www.fjc.gov/servlet/nGetInfo?jid=2341&cid=999&ctype=na&instate=na
Biographical Directory of Federal Judges
Tatel, David S.

Born 1942 in Washington, DC

Federal Judicial Service:
Judge, U.S. Court of Appeals for the District of Columbia Circuit
Nominated by William J. Clinton on June 20, 1994, to a seat vacated by Ruth Bader Ginsburg. Confirmed by the Senate on October 6, 1994, and received commission on October 7, 1994.

Education:
University of Michigan, B.A., 1963
University of Chicago Law School, J.D., 1966

Professional Career:
Instructor, University of Michigan Law School, 1966-1967
Private practice, Chicago, Illinois, 1967-1969
Executive director, Chicago Lawyer’s Committee for Civil Rights Under Law, 1969-1970
Private practice, Chicago, Illinois, 1970-1972
Director, Chicago Lawyer’s Committee for Civil Rights Under Law, 1972-1974
Private practice, Washington, DC, 1974-1977
Director, Office of Civil Rights, U.S. Department of Health, Education, and Welfare, 1977-1979
Private practice, Washington, DC, 1979-1994