64-year-old veteran blocked from gun sale for 45-year-old misdemeanor

| January 11, 2013 | 15 Comments

Bloomberg reports that Jefferson Wayne Schrader, a Vietnam veteran, sued when the FBI turned up a 45-year-old misdemeanor conviction and used it to deny a recent shotgun purchase during his National Instant Criminal Background Check.

The assault occurred in Annapolis, Maryland, 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.

Schrader said that prior to 2008 he had bought guns from dealers at least five times without encountering difficulties with background checks.

“I’ve been buying and selling guns all these years and I didn’t know anything about this,” he said today in a phone interview. “It’s a very poor decision. It sounds like they’re making it up as they go along.”

Alan Gura, Schrader’s attorney, said that a further appeal is likely. “This is not something that ends today,” he said in a phone interview.

Yeah, that’s just ridiculous. Pretty boy David Gregory is walking around free as a bird after committing a recent gun crime and a veteran is still paying for a non-gun related crime decades after he paid the price.

Category: Gun Grabbing Fascists

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  1. Doc Bailey says:

    Well I’m sure my unpaid speeding tickets will come back to bite me in the ass

  2. Just an Old Dog says:

    Unfuggingbelievable… only in Obamaland.

  3. Chuck Barnhill says:

    Hmm, not a felony nor a domestic violence incident (Lautenberg Amendment)… Utter poppy cock!

  4. Anonymous says:

    This is indeed idiotic and I have faith that on appeal it’ll be reversed.

    Of a different note, and a vastly different situation, if you guys are following the James Yeager story at all, his gun carry permit has just been revoked:
    http://www.wsmv.com/story/20559778/tn-firearms-instructor-gains-attention-from-youtube-rant

    Most people outside of this blog won’t know about Schrader’s story, but Yeagar has managed to go viral by speaking without thinking. He certainly hasn’t been helping the gun rights side of the discussion.

  5. Yep, you can’t own a gun if
    convicted felon, convicted of some assaults, convicted of domestic violence, dishonorable discharge, drug user…..Keep that in mind folks when you want to kick somebody’s ass etc.

  6. USMCE8Ret says:

    I just watched the Schrader interview from the link above. The guy certainly has some convictions. while I certainly don’t share his views, he is clearly frustrated. Not quite sure what to make of it. I guess I’ll have to wait and maybe read about how he does with MSNBC or CNN, should he ever appear on those shows (since I can’t bring myself to watch either channel).

  7. USMCE8Ret says:

    Tomorrow is GUN APPRECIATION DAY, right? Not BRING YOUR GUN TO WORK day. (Just a reminder folks.)

    (Just kidding.)

  8. valerie says:

    This administration started out doing government-by-waiver, and nothing has changed. When selective enforcement starts at the top, it trickles ALL the way down.

  9. Common Sense says:

    @7 – Not tomorrow, the 19th

  10. FatCircles0311 says:

    I’d be surprised if NJP’s were not used in the future to prevent military/vets from purchasing weapons. They are going to reach for anything they can to deny people their rights.

  11. Nigel Brooks says:

    He was convicted of a misdemeanor, which under normal circumstances would not prohibit an individual from possession of a firearm.

    Maryland specifies that a misdemeanor is any crime for which the statutory sentence is less than 2 years.

    But because the Maryland statute he was convicted under did not specify a limitation as to incarceration it is treated under the Brady Amendment as being a felony. Because conceivably, he could have received a sentence of more than 2 years under the statute that he pled guilty to.

  12. DaveO says:

    The fellow has other guns.

    Here’s the thing:

    1. government is converting old paper records to digits.

    2. Most Americans share their name with at least one other American.

    3. The possibility that someone with your name has a misdemeanor is excellent, the probability is fair even without the 3-Felonies-a-Day Rule.

    First misdemeanors, next traffic tickets. Just keeping guns away from criminals, right? Right?

  13. Indiana Ed says:

    At least Mr. Schrader picked the right attorney. If the name sounds familiar it’s because Alan Gura represented both Dick Heller (District of Colombia v. Heller) and Otis McDonald (McDonald v. Chicago) before the Supreme Court. Both HUGE wins for the good guys :)

  14. Mike O says:

    I spanked 2 of my children in 1993. Maryland Dept of Social Services was called by unknown. I had 4 children. They had me arrested saying I abused 2 of my children, then a week later was arrested again accusing me of abuse of my other 2 children. They had to later drop charges on 2 for having no evidence. Per Court records I still have, say I left a “fading” mark the size of a pea on my son’s forehead and a fading mark (1″x1″) on my daughters (R) buttock. My son told police he had been in a fight at school & proved it but they still charged me. My daughter said she was roller blading and had fell alot but they still charged me. I found out from my children that State Police had put each of them in a corner and pushed them to say I abused them. My wife whom I’m still married to now for 25 yrs stated then that I wasn’t abusive to her or my kids. Our Pastor even attested to this also. I was just out of the military, released in 1988 because of injuries. I was attending college full time and after several thousand $$ I ran out of money for the attorney and I had to plea bargain down to 2 counts of Misdemeanor Battery. They gave me 18 months probation. My older children at that time 9 & 11 yrs old now are in there 20′s & 30′s still attest I didn’t abuse them. A few yrs ago I learned I couldn’t buy a firearm because of this one incident. The worst part is that I’m a disabled veteran with worsening spinal injuries from serving this country and rips my heart out and strips me of my 2nd amendment.

  15. LCDR M(Ret) says:

    @14 Mike, I’m totally sympathetic to your plight, but you screwed up when you decided to live in Maryland! ;-)

    I live in Frederick and, after this last election, I’m blowing this popsicle joint. Any state that votes decisively to give ILLEGAL aliens in-state tuition is an insane asylum! Couple that with people stupid enough to elect a clown like O’Malley and well, it just ain’t for me.

    Hope you can fix your situation.

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