SAF SUES ERIC HOLDER, FBI OVER MISDEMEANOR GUN RIGHTS DENIAL

Discussion in 'Georgia In the News' started by rmodel65, Oct 13, 2010.

  1. rmodel65

    rmodel65 Yukon Cornelius

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    http://www.facebook.com/SecondAmendment ... 1918505247

    http://saf.org/viewpr-new.asp?id=344

     
  2. smn

    smn Active Member

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    This is gonna be a good one.
     

  3. murrybird

    murrybird New Member

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    Good for the SAF for holding these folks to the law of the land, ergo the Constitution.
     
  4. smn

    smn Active Member

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    The feds were never empowered to deny someone's second amendment rights. Time to revisit Heller and strike down some Federal laws.
     
  5. luangtom

    luangtom Active Member

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    :popcorn: This is gonna be a good one.... :popcorn:
     
  6. spector

    spector New Member

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    It really is. I wonder what they're shooting for here. I mean, would this case have broad-sweeping implications (like heller/mcdonald) or would it just let that guy get his hands on a gun? I hope it does the latter, obviously, but I wonder if they're going after something bigger at the same time.
     
  7. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Not a 'fify' but I like that one better and believe it's in closer keeping with the Founder's intentions. 8)
    Even a felon should have the right to defend his life, if need be.
     
  8. EJR914

    EJR914 Cheezburger Operator

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    Yes it is! I'm really excited to see how this turns out. :popcorn:
     
  9. fmlaw1

    fmlaw1 Active Member

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    This is the most pumped I have gotten all day! SAF is getting a check from me pretty soon.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  11. JiG

    JiG Awaiting censure

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    Maybe we can find the guy and find out MP. I sent a link to a local businessman who knows a lot of people around Cleveland to see if he recognizes the name.
     
  12. Mike from Philly

    Mike from Philly New Member

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    Meanwhile, the NRA is endorsing candidates that protect the status quo.
     
  13. ookoshi

    ookoshi Moderator

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    What about prisons?

    Just sayin'.

    I do think the SAF will win this one, as denying 2A rights for misdemeanors is pretty ridiculous.
     
  14. smn

    smn Active Member

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    When in prison you're in the care and custody of the state/feds. Even from the Heller decision, restrictions on the 2A for felons and mentally ill were not doubted. Misdemeanants were not listed.
    So which federal law imposes a sales restriction on a misdemeanant?
     
  15. jpr9954

    jpr9954 New Member

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    The lead plaintiff in the case is Jefferson Schrader of Cleveland, GA. He is an honorably-discharged Navy vet who had a simple misdemeanor conviction for assault and battery in 1968. He paid $109 including costs as a fine. His other option was 30 days in jail. He had been attacked by a gang member and he fought back.

    I just did a blog post on this case and it goes into a lot more detail including the Federal laws in question.

    http://onlygunsandmoney.blogspot.com/2010/10/schrader-et-al-v-holder-et-al.html

    At the time Maryland law had no maximum for this crime. I think they changed this in 2002 and put a maximum of 10 years (if you can believe it).
     
  16. spector

    spector New Member

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    I think the restriction is not against felonies, but against crimes with maximum sentences longer than a year. Typically, that only includes felonies, but apparently this state had a situation where they had no statutory maximum and the new maximum is 10 years, therefore DQing this guy.

    I really wonder what the implications would be of this case (if won, obviously). Would it be narrowly defined to remove prohibitions on open-ended sentence misdemeanors like this guy got arrested for? Or could it possibly be expanded to address bigger prohibitions?
     
  17. TippinTaco

    TippinTaco New Member

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    his crime is another form of how our justice system is a pile of @#[email protected]#$. Why should a man be charged with assualt when its @#[email protected]#$ obvious he was either attacked or harassed by gang members or someone that posed a threat to him? This happens all the time.
     
  18. smn

    smn Active Member

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    What this shows is a gun grabbing state can declare a maximum sentence of ten years for a misdemeanor which makes it into NCIC so when a misdemeanant from that state applies they get denied.

    This will so smack down the feds.
     
  19. Sovietak474u

    Sovietak474u New Member

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    Sue him good. I like it!