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Law abiding veteran has 2A rights stripped because he punched a guy in 1968.

Discussion in 'Legal & Political Archive' started by Bigfoot, Feb 27, 2013.

  1. Bigfoot

    Bigfoot Clack Co. OR Well-Known Member

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    It was just a misdemeanor and a $100 fine at the time but Maryland has since changed it to a felony.

    Right after the fight he served two tours in Vietnam. Uncle Sam had no problem handing him a gun then.

    Worse part is the U.S. Circuit court upheld the ruling.

    I edited for brevity and added some bold highlights. The full case documents: Schrader v. Holder, 11-cv-5352, U.S. Court of Appeals for the District of Columbia included in the link.

    Another article w personal information. The old guy has a heart condition and hunting is getting more difficult so his wife tried to buy him a lighter shotgun to carry. NICS said no way and now he can't hunt at all.

    War vet to fight court ruling to strip him of gun rights - National Conservative | Examiner.com

    EVER BEEN IN A FISTFIGHT? YEAH ME TOO.. :mad: Is this one of the ways Holder is going to get us?
     
  2. duane black

    duane black Washington Well-Known Member

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    I have not looked into this case other than what you wrote. It's absolute BS. Yes I have been in a fistfight, more than one. I believe he can get this expunged and regain his rights. Judges opinion is absurd, he is not a felon. He has the best firearms attorney this country has seen. ( gura )

    It's VERY important to get convictions expunged / set aside while you can.
     
  3. Father of four

    Father of four Portland, Oregon Well-Known Member

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    It really stinks when people in power get it wrong. Good luck Mr.Schrader on getting your 2nd Amendment Rights back.



    SHALL NOT BE INFRINGED...unless you punch someone in the nose?
     
  4. duane black

    duane black Washington Well-Known Member

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    I looked at the MD codes in regards to assualt. WOW ! Those people have lost their minds. If you are a MD gun owner, don't get into a fight ! Don't even touch someone that doesn't want to be touched.

    Here is my problem.

    How the hell can they apply these retroactively. Again, absurd. The judge is a complete and total idiot. Next we are going to be convicted of crimes that weren't crimes at the time of commission. By his logic we should also go back and re punish anyone convicted of said crimes with the new punishment guidelines.

    For anybody interested... ( from a md attorney website )

    Assault in the First Degree

    You may be charged with this, the most serious of assault offenses, if you are accused of:

    Intentionally causing serious physical injury to another,
    Attempting to cause serious physical injury to another, or
    Committing an assault with a firearm.
    Serious physical injury includes those injuries that cause a risk of death or permanent damage.

    First degree assault is classified as a felony and punishable by up to 25 years in the state prison.

    Ref: MD. Code §3-202


    Second Degree Assault

    Less serious than first degree assault, though still considered a serious offense is second degree assault. You could be facing this charge if you are accused of any general assault that does not classify under the rules of First Degree Assault.

    In other words, if you touch someone else in an unwanted manner that could be perceived as unwanted, offensive, or potentially harmful (whether or not it causes injury), you could be charged with this offense.

    Generally, assault in the 2nd degree is a misdemeanor though it carries a maximum potential sentence of 10 years. However, if the assault was committed on a law enforcement or probation officer, that assault charge will be entered as a felony.

    Ref: MD. Code §3-203


    Reckless Endangerment

    Even reckless endangerment is categorized under the assault offenses in Maryland. This crime is committed when a person recklessly puts someone at risk of death or seriously physical injury.

    Using the term “recklessly” in the law means the act doesn’t have to be intentional. Perhaps you didn’t intend to put someone at risk but you also did nothing to prevent it.

    This is considered a misdemeanor offense and is punishable by up to 5 years behind bars.

    Ref: MD. Code §3-204
     
  5. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Maryland sucks.
     
  6. ArgyleAdams

    ArgyleAdams Portland, OR Active Member

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    Constitution of the United States Article 1 Sections 9 & 10. Congress and the states are both prohibited from passing ex post facto laws. Bam!
     
    iusmc2002, Dunerunner, Redcap and 5 others like this.
  7. Father of four

    Father of four Portland, Oregon Well-Known Member

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    They find ways to work around The Constitution....Obamacare ring a bell?
     
    Magsbee and (deleted member) like this.
  8. Magsbee

    Magsbee Port Orchard New Member

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    Saw this on FNC today during lunch break....what a crock of crap....it will be tough on this guy though, because that appeals court that made the last ruling is thought of as second highest in the land, under the supreme court. Hopefully some national exposure can help him!
     
  9. Magsbee

    Magsbee Port Orchard New Member

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    EXACTLY!
     
  10. duane black

    duane black Washington Well-Known Member

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    I can't get over the fact that a fist fight has a 10 year sentence.

    Boggles the mind, another MD law to put it into prospective.

    § 3-307. Sexual offense in the third degree

    Penalty

    (b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
     
  11. Father of four

    Father of four Portland, Oregon Well-Known Member

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    The 2nd Amendment says..."Shall not be infringed". We see how far that went with this veteran.
     
  12. Misterbill

    Misterbill Yakima County, Washington New Member

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    Welcome to modern America, where that bit in the constitution about ex post-facto laws is considered passe even by the Supreme Court. The Lautenberg Amendment already established this all the way to the SC with it's jihad against everyone who was dumb enough to cop to a DV misdemeanor instead of fighting it.
     
    mancat and (deleted member) like this.
  13. Father of four

    Father of four Portland, Oregon Well-Known Member

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  14. Siuslaw Warrior

    Siuslaw Warrior Oregon Coast Member

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    The prison industrial complex is big business in America
     
  15. RB87

    RB87 Oregon Active Member

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    All levels of government have been doing end runs around ex-post facto laws for centuries now. Its mostly a joke and ignored. See laws regarding civil asset forfeiture (drug cases usually), domestic violence laws and child support laws (paternity fraud). There are men who because of federal child support laws (debt can never be forgiven once assigned by the gov for children-the Bradley ammendment) who are in jail or under threat of jail for not paying for children they didn't sire or adopt.
     
  16. Nightcrawler

    Nightcrawler Snohomish County, WA Active Member

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    TheBlaze is hardly a credible news source. A misdemeanor assault charge could have been wiped clean off his record years ago. It doesn't make you a felon 40+ years later if they change the law.
     
  17. Father of four

    Father of four Portland, Oregon Well-Known Member

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    OK, so who do you consider to be a "credible" news source? And what do you consider "credible"?
     
  18. Bigfoot

    Bigfoot Clack Co. OR Well-Known Member

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    Well I could've linked an article from MSNBC, CNN, CBS, NBC, ABC, NYT but they haven't covered it. Wonder why.

    If you don't trust The Blaze then read the court ruling yourself. Are you suggesting that The Blaze altered the text?

    Good question F of F, what news coverage do you trust Nightcrawler? A government approved media source I assume?