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42-Year-Old Pot Conviction Stops 20-Year Army Veteran From Buying a Rifle
Reason.com ^ | July 10, 2013 | Jacob Sullum

Posted on 07/11/2013 2:59:00 PM PDT by Altariel

Ron Kelly, a 20-year Army veteran, recently tried to buy a .22-caliber rifle at the Wal-Mart in Tomball, Texas. He was turned away because he failed the FBI background check. He appealed the rejection, and last month he got a Justice Department letter explaining that he was legally disqualified from owning guns, after handling them in defense of his country for two decades, because of a 42-year-old marijuana conviction. As a high school student in Durham, North Carolina, he had been caught with a small amount of pot and pleaded guilty to misdemeanor possession, receiving a sentence of probation because he was a first-time offender. The probation lasted a year, but according to the Justice Department the ensuing loss of Kelly's Second Amendment rights lasts a lifetime. "I am ashamed of the way my government has treated me," Kelly told The Houston Chronicle. "The government may have the greatest of intentions with the [law], but they messed it up."

Kelly's disqualification may in fact be unjustified under current law, which bars gun sales to people convicted of felonies but not misdemeanors (except for misdemeanors involving domestic violence). Unless the feds are treating what North Carolina called a misdemeanor as a felony for some reason, Kelly's pot conviction should not be covered by that provision. The only other disqualifier that seems possibly relevant is the one for anybody who is "an unlawful user of or addicted to any controlled substance," but more than a 1971 conviction for possession should be required to demonstrate that Kelly falls into that category.

Even if it turns out that Kelly is allowed to own a gun under current law, the case illustrates the folly of the absurdly broad criteria used to strip people of their constitutional right to keep and bear arms, since it clearly would be illegal to sell Kelly a gun if he still occasionally smoked pot, whether for medical or recreational purposes, or if he had been caught with enough marijuana to be charged with a felony four decades ago. "Better" background checks can only mean more injustices like this.

[Thanks to Allen St. Pierre for the tip.]


TOPICS: Miscellaneous
KEYWORDS: 666; army; banglist; communism; criminalgovernment; govtabuse; guncontrol; guns; marxism; military; rapeofliberty; secondamendment; tyranny; veteran
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To: gorush

Just damn.

I have a friend who recently found that he can’t hunt in Wisconsin due to the Lautenberg amendment. It was a shock to him. To make a long story short, he stopped his drunk girlfriend, now his wife, from driving home from a wedding by taking her keys - forceablly.

He plead down, obviously not down enough, he is now banned from owning guns in Wisconsin.My friend has hunted all his life.


21 posted on 07/11/2013 3:30:17 PM PDT by Jean S
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To: HenryArmitage

Agree. Popped during his high school days? That should have been a juvenile conviction for a misdemeanor offense. Accordingly, the slate wipes clean at age 18, and shouldn’t even come up on an NCIC background query. I suspect he may have incorrectly answered Question 12 (c) of ATF Form 4473 by stating “yes.” Or, the same for question 12 (e).


22 posted on 07/11/2013 3:30:59 PM PDT by PowderMonkey (WILL WORK FOR AMMO)
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To: Altariel

No he is not. If I were forced to guess I would say that 42 years ago possession in NC was a felony, but he was a kid so got a slap on the wrist. But it was still marked as a felony for purpose of record keeping and never changed when the law did.


23 posted on 07/11/2013 3:33:00 PM PDT by HenryArmitage (it was not meant that we should voyage far.)
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To: Altariel

It’s 1966 or 1967. My Big Brother has just returned from Viet Nam. 101st Air Cav, 82nd Airborne. Purple Heart, received for injuries in the Battle of the Ia Drang Valley.

I’m like 14 or 15, and I tell him that I have been honing my Sharpshooting skills with a BB gun. But, I’m out of BB’s.

We hoof it down to Sears on Rte 3A in Woburn, MA, to buy some BB’s. My brother is wearing his uniform - with Jump Boots, numerous combat ribbons and Sharpshooter pins. He was home on leave and didn’t bring many articles of clothing.

At Sears, they wouldn’t sell either of us BB’s, because my Big Brother, was not yet 21.

It all depends on where you live, I guess, and the gun\anti gun culture that exists.

Here in SC, if my brother had attempted this, he would have gotten all the ammo he needed.

Plus, a steak dinner...


24 posted on 07/11/2013 3:33:33 PM PDT by Paisan
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To: HenryArmitage

why would g the record change?


25 posted on 07/11/2013 3:34:25 PM PDT by GeronL
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To: EEGator; Ouderkirk

These guys?


Nah, he’s just lysdexic like me....

(Abject apologies if Ouderkirk is a “she!”)


26 posted on 07/11/2013 3:37:59 PM PDT by Peet (Come back with a warrant.)
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To: HenryArmitage
FTA...

Kelly's disqualification may in fact be unjustified under current law, which bars gun sales to people convicted of felonies but not misdemeanors (except for misdemeanors involving domestic violence). Unless the feds are treating what North Carolina called a misdemeanor as a felony for some reason, Kelly's pot conviction should not be covered by that provision.

27 posted on 07/11/2013 3:38:41 PM PDT by TigersEye ("No man left behind" is more than an Army Ranger credo it's the character of America.)
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To: GeronL

ah. Yes I’m actually ignorant on this. Maybe some of you keyboard lawyers can tell me if you are charged with a felony and later the state changes the law to downgrade it to a lesser punishment level, does your official record reflect the change? Also I just looked it up and under NC law over 1.5 grams for personal use is STILL A FELONY.. so.. depends on how much he got busted for i guess. So if he was 18, got busted for 1.6 grams.. i guess there is your felony.. that’s crap.


28 posted on 07/11/2013 3:40:28 PM PDT by HenryArmitage (it was not meant that we should voyage far.)
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To: Liberty Valance
I know the law applied to felonies ... but misdemeanors?

This sort of denial happens every once in awhile because of differences in the definition of misdemeanor between several states and the federal government and the fact that the Federal prohibition applies *NOT* to misdemeanors but rather crimes punishable by more than 1 year imprisonment. Many states have, or had, misdemeanors punishable by more than 1 year in prison that trigger the federal prohibition; Maryland, New York, Georgia and Florida just to name a few I am aware of. It is BS and could and should be changed at the Federal level but they hope to gradually move all of us into a prohibited category so they will take no action.

You should note well that the exact prohibition of the law is the purchase of a weapon from a FFL. It does not prohibit ownership or possession of the weapon by a non-felon. This guy could purchase a weapon in a face to face private transaction, except in those states, like California that require a check for every transaction and is why they want to do that at the Federal level. They call it the gun show loophole but it has nothing to do with gun shows and everything to do with disarming the public.

29 posted on 07/11/2013 3:40:56 PM PDT by atomic_dog
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To: TigersEye

right.. if he had more than 1.5grams under NC law that is a Felony.


30 posted on 07/11/2013 3:41:53 PM PDT by HenryArmitage (it was not meant that we should voyage far.)
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To: HenryArmitage

So the article is entirely wrong!?!


31 posted on 07/11/2013 3:43:43 PM PDT by TigersEye ("No man left behind" is more than an Army Ranger credo it's the character of America.)
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To: Peet; Ouderkirk

Just having a little fun. :)


32 posted on 07/11/2013 3:43:54 PM PDT by EEGator
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To: Altariel

Pretty soon the Justice Department will try disqualifying citizens for a traffic ticket.


33 posted on 07/11/2013 3:47:13 PM PDT by glorgau
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To: HenryArmitage

i meant history did not change-it was against the law when he did it and a new law does not change that . Legally- I have no idea


34 posted on 07/11/2013 3:48:10 PM PDT by GeronL
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To: atomic_dog

Thank you. I appreciate you taking the time to explain it.


35 posted on 07/11/2013 3:48:34 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Jean S

“If you’re happy and you know it,
clank your chains (CLANK, CLANK)...”

You know the tune. :{)


36 posted on 07/11/2013 3:49:01 PM PDT by gorush (History repeats itself because human nature is static)
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To: Jean S; All

“Do you need a background check to buy a .22 in Texas?”

If you buy from a Federally licensed dealer instead of a private party.


37 posted on 07/11/2013 3:51:33 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: EEGator

I saw the switched letter when I hit post and it was too late


38 posted on 07/11/2013 3:55:38 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Ouderkirk

I figured as much. I was just trying to joke around. :)


39 posted on 07/11/2013 3:56:57 PM PDT by EEGator
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To: TigersEye

no no no. I was only saying that there IS a felony level for personal possession in NC. I was only speculating that perhaps he unwittingly plead to that level. I read the article and took it to mean that he plead to possession. The reporter then looked up possession in NC and saw that it had levels that are not felonies and couldn’t figure out why this would be considered one. I was SPECULATING that PERHAPS it was somehow recorded as the over 1.5 gram felony. I did not mean to imply i had any information outside of this article.


40 posted on 07/11/2013 3:57:00 PM PDT by HenryArmitage (it was not meant that we should voyage far.)
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