Posted on 10/14/2010 5:09:16 AM PDT by marktwain
BELLEVUE, Wash., Oct. 13 /PRNewswire-USNewswire/ -- Acting on behalf of a Georgia resident and honorably discharged Vietnam War veteran, the Second Amendment Foundation today filed a lawsuit against Attorney General Eric Holder and the Federal Bureau of Investigation over enforcement of a federal statute that can deny gun rights to someone with a simple misdemeanor conviction on his record.
The lawsuit was filed in United States District Court for the District of Columbia. SAF and co-plaintiff Jefferson Wayne Schrader of Cleveland, GA are represented by attorney Alan Gura, who successfully argued both the Heller and McDonald cases before the U.S. Supreme Court.
In July 1968, Schrader, then 21, was found guilty of misdemeanor assault and battery relating to a fight involving a man who had previously assaulted him in Annapolis, MD. The altercation was observed by a police officer, who arrested Schrader, then an enlisted man in the Navy, stationed in Annapolis. The man he fought with was in a street gang that had attacked him for entering their "territory," according to the complaint.
Schrader was ordered to pay a $100 fine and $9 court cost. He subsequently served a tour of duty in Vietnam and was eventually honorably discharged. However, in 2008 and again in 2009, Mr. Schrader was denied the opportunity to receive a shotgun as a gift, or to purchase a handgun for personal protection. He was advised by the FBI to dispose of or surrender any firearms he might have or face criminal prosecution.
"Schrader's dilemma," explained SAF Executive Vice President Alan Gottlieb, "is that until recently, Maryland law did not set forth a maximum sentence for the crime of misdemeanor assault. Because of that, he is now being treated like a felon and his gun rights have been denied."
"No fair-minded person can tolerate gun control laws being applied this way," he added. "Mr. Schrader's case is a great example of why gun owners cannot trust government bureaucrats to enforce gun laws."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Good !
NRA Absent in 2nd Amendment Rights case yet again while the SAF does the heavy lifting.
What’s the purpose of the NRA again besides making Chris Cox and Wayne LaPierre millionaires?
” What’s the purpose of the NRA again ...”
to collect money sent to them by the fools that join
Something the Nancy boy NRA should be doing. Getting in the face of political police, rocking the boat, moving the ball..
3...2...1. “I am a NRA Life Member and I am sure the NRA has a good reason for not doing anything” posts should start soon.
I’m an NRA life member, or was until I resigned about two weeks ago... Been a life member since 79. As the saying goes “This isn’t your father’s NRA”
You have to vote with your feet.
Any input?
Plus I want competition, bragging rights for many organizations, coming at many different angles, in advancing rights and liberties.
The more the merrier.
IMHO, if a person cannot be trusted with a gun, then they cannot be trusted to be released from prison.
One thing I must say about the Second Amendment: more people are aware of it, understand its utility, and are growing comfortable with guns in general versus any decade from the 1960s up to present. I’m ecstatic that SAF, GOA, NRA, SAS, and other gun rights groups are fired up and going after the enemies of our right to self defense and preservation of liberty. As long as these lawsuits continue and bear incredibly enlightened thought from some of our nations prominent 2A scholars, we will continue to reap the benefits of being an armed society.
Sadly, I fear that we’re going to need to exercise these rights in the near future. I hope I’m wrong, but I pray that I’m strong enough to fight to protect my liberty. God Bless America.
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