Skip to comments.Court Bars Navy Vet From Gun Purchase Over 1968 Misdemeanor
Posted on 01/17/2013 10:40:20 AM PST by 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 Fridays 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 Schraders 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.
(Excerpt) Read more at newsmax.com ...
Buy from a private party, let the Feds and their background check system go pound sand...
Ex Post Facto law, since it applies to offenses committed before its enactment.
“Ex Post Facto law, since it applies to offenses committed before its enactment.”
This is what Obama meant by Executive Action #4, “Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.”
Now he has no choice but to become an outlaw.
(from the article):” The Federal Bureau of Investigation blocked the shotgun purchase when the National Instant Criminal Background Check computer system flagged Schraders July 1968 conviction for misdemeanor assault. “
And next year it will include anyone who registers as Republican
And the follwing year it will include anyone who EVER registered as Republican .
Marbury v. Madison, 5 US 137,(1803) “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.”
“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it. . . There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted and you create a nation of law-breakers and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
“Atlas Shrugged”, 1957 by Ayn Rand [1905-82]
This is the back door to gun control. Who is going to set the rules as to who is qualified to own a gun? Writing this post may be enough to disqualify me. I must be unstable if I disagree with barry.
It’s gonna be even worse than dug up old offenses. With the melding of the Affordable Care Act Medical Data Base and NICS, we’ll see common prescriptions being a proscription against a clean NICS check. Ritalin, Ambien, Trazadone, Diet Pills, mood altering pills, blood pressure pills, heart pills, etc....a plethora of pills that have been prescribed at all, will be reason enough to deny a clean background check....watch and see.
Or a victim.
You nailed it!
The misdemeanor didn’t prevent the NAVY from sending him to Vietnam where there were....M-16’s!!!!!
Obama won’t attack the Constitution.
... he’s just making sure that the population has limited access to it by restrictions upon restrictions...
Soon if you ever had a headache....Toothache or traffic ticket...NO GUNS FOR YOU!
Soon, very soon, we’ll all be criminals.... The cattle cars are waiting.
> Now he has no choice but to become an outlaw.
There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. - Ayn Rand
If our side doesn't determine the limits of "the right of the people to keep and bear arms" the other side will do it for us. I know we won't convince the hard line "other side" of anything, but I think there are a lot of folks who haven't taken a side that we could convince if we develop a good position.
Just one more case of the government gleefully using the fact that the citizens have yet to draw a line in the sand.
There is absolutely no merit to this judges decision as “SHALL NO BE INFRINGED” is quite clear and unambiguous even for an enemy within lawyer or judge.
This judge is relying on the fact that most people do not understand that even with the few enumerated rights like the first through fifth Amendments we have those rights because we never relinquished them to the Feds.
There was much debate over including any enumeration of rights because you end up where we are today with dishonest lawyers, judges, journalists, teachers constantly telling us this right or that right is not in the constitution.
They would be correct if they lived in the former Soviet Union as their constitution forbid everything except for the few enumerated rights they gave to the people (power coming from government not the creator)
In the USA we were to have all rights EXCEPT for those very few we willingly assigned to the Feds and our individual states.
Boy an ignorant population is so easy to control and that is why all these communist teachers unions gained control over government schools. If you send your children to one of these indoctrination centers today, you are paying for your own demise.
“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.
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
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.
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.
Clinton appointee.. 1994.. Ruth’s old seat.. (that cushion must have needed some cleaning)
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.
University of Michigan, B.A., 1963
University of Chicago Law School, J.D., 1966
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