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

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

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..............
 

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This is gonna be a good one.
 

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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.
 

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

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smn said:
This is gonna be a good one.
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.
 

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I watch the watchers
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smn said:
[s:3oqh0dti]The feds were[/s:3oqh0dti] No one was ever Constitutionally empowered to deny someone's second amendment rights. Time to revisit Heller and strike down some Federal laws.
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.
 

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Seasteading Aficionado
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smn said:
This is gonna be a good one.
Yes it is! I'm really excited to see how this turns out. :popcorn:
 

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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.
 

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smn said:
The feds were never empowered to deny someone's second amendment rights. Time to revisit Heller and strike down some Federal laws.
What about prisons?

Just sayin'.

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

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ookoshi said:
smn said:
The feds were never empowered to deny someone's second amendment rights. Time to revisit Heller and strike down some Federal laws.
What about prisons?

Just sayin'.

I do think the SAF will win this one, as denying 2A rights for misdemeanors is pretty ridiculous.
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.
DC v. Heller said:
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
So which federal law imposes a sales restriction on a misdemeanant?
 

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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).
 

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smn said:
ookoshi said:
smn said:
The feds were never empowered to deny someone's second amendment rights. Time to revisit Heller and strike down some Federal laws.
What about prisons?

Just sayin'.

I do think the SAF will win this one, as denying 2A rights for misdemeanors is pretty ridiculous.
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.
DC v. Heller said:
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
So which federal law imposes a sales restriction on a misdemeanant?
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?
 

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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.
 

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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.
 
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