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Old October 17, 2010, 04:11 PM   #1
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,550
SCOTUS Cert filed: Schrader, et al v. Holder, et al

The case of Schrader v. Holder is a particularly endangering case, should the actions of the FBI be upheld (see the Current 2A Cases thread for links and other details).

In July of 1968, Jefferson Schrader got into a fistfight with another man. Schrader was observed by a Annapolis, MD LEO, who arrested Schrader for assault and battery, and disorderly conduct. Both charges were simple misdemeanor offenses.

Schrader was found guilty of misdemeanor assault and battery. He was fined $100 and $9 court costs, or in the alternative, 30 days in jail. Schrader paid the fine. At that time, MD did not have any maximum sentence for the crime of misdemeanor assault. Nor any maximum sentencing for any misdemeanors, except for a general limitation imposed by the 8th amendment of the U.S. Constitution.

Schrader was enlisted in the U.S. Navy at this time and shortly thereafter, was deployed to Vietnam. Following that tour, Schrader was honorably discharged from the Navy. Schrader has had no other contact with the criminal law system, since that time, except for the problem that surfaced in 2008.

Jefferson Schrader has been a resident and citizen of Georgia for the last 20 years. He was an avid hunter all during this time.

A few years ago, MD changed its laws to reflect a general maximum of 2 (or 3 - depends upon which authority you read)

Schrader's problems became extent in 2008 when he was denied a purchase of a shotgun by the NICS system. Even though it appears that MD has no record of this prior misdemeanor conviction, the denial was based upon his 1968 misdemeanor conviction of assault.

The danger here is quite obvious. Any anti-gun legislature could simply reword its misdemeanor statutes to permit a maximum sentence of one year and one day, and anyone and everyone who had ever been convicted of any misdemeanor in that State, would become instantly a prohibited person, by the manner in which 18 U.S.C. ยง 922(g)(1) is worded, interpreted and acted upon.
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