Posted on 10/12/2014 7:24:06 AM PDT by marktwain
Dr. George L. Kraft III, a chiropractor in St. Louis County, is now the owner of a .357 revolver with a six-inch barrel after his attorney successfully challenged Missouri statutes and federal classification that prohibited Kraft from owning a firearm.
The state of Missouri disqualified Kraft from the right to own firearms after he suffered a stroke in 2005 until attorney Christopher J. Zellers of the Zellers Law Firm, LLC, gained a judgment in St. Louis County Circuit Court overturning the disqualification after an 18-month legal process.
“My client was deemed incapacitated because of a stroke and as a result became subject to all disqualifications in the state of Missouri, including from owning, possessing or purchasing a firearm,” Zellers said in a press release. “Dr. Kraft also was listed in the FBI’s National Instant Criminal Background Check System (NICS),ineligible to make a firearms purchase.
Zellers said that with therapy, Kraft recovered and was deemed a restored person and the court lifted all disqualifications except for the firearm disqualification. He also remained listed as ineligible in the NCIS.
“He was shocked and very disappointed with the designations,” Zellers said.
“Our goal with the legal process was to restore Dr. Kraft’s Second Amendment rights to keep and bear arms,” said Zellers, who is a member of the National Rifle Association. “We enrolled Dr. Kraft in gun safety classes and, also, he visited several medical specialists who validated his balance and mental capabilities.”
Zellers said that after researching Missouri statutes and petitioning the court to remove the disqualification, he was told by St. Louis County prosecutors that this was the first time a petition of this kind was entered into circuit court.
(Excerpt) Read more at madisonrecord.com ...
And that firmly puts you in the realm of murder as you are not under imminent threat.
LOL!
Short on coffee today? Most folks would have understood that the comment was referring to the fact that a .357 with a 6" barrel can be accurate and powerful enough to be effective at 100 yards - how you tied that to a murderous impulse is a mystery.
Exactly.
Absolutely
This still leaves a nebulous problem, and please correct me if I’m wrong, but while this was a state decision that then put him on the federal NICS, it was a state decision that removed him.
My point is that had it been a federal decision to put him on the NICS, such as with a federal felony conviction, is it still true that there is no mechanism at the federal level to restore his gun rights?
My Ruger .44 magnum with a 9.5” barrel is what I like to carry when fishing in Grizzly country.
Size Is Always an Issue with some.
“...you are not under imminent threat.”
Unless you are being targeted by somebody with an M-14.
Why the hell did a stroke take away his God given rights?
WTF?????
“My point is that had it been a federal decision to put him on the NICS, such as with a federal felony conviction, is it still true that there is no mechanism at the federal level to restore his gun rights?”
I believe that you are correct.
To point out the obvious then, it seems this would be a great way for a federal level politician to get pro-gun recognition. An Act that would “create a mechanism” by which those denied guns at the federal level (especially veterans, by VA bureaucrats), could have their rights restored. (And some pro-gun recognition, right before a close election, might make all the difference in the world.)
By itself, it would not restore rights, just make restoration by a judge possible. Only gun controllers are in favor of perpetual loss of gun rights when there is no logical reason to do so.
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