DOJ Fighting To Deny Veteran Right To Own A Firearm Based On 40-Year Old Misdemeanor

More prosecutorial indiscretion

Really, why does our government waste its resources on cases like the fight to prevent Jefferson Wayne Schrader from purchasing a firearm?

This case demonstrates what happens when a bureaucracy deprives someone of a right just because the bureaucracy can, and then the full force of the U.S. government goes to bat against the individual for no reason other than it can.

The case is Schrader v. Holder. In a January 11, 2013 decision, the D.C. Circuit Court of Appeals upheld the government’s position, but the question is why is the government exercising such a ridiculous discretion?

The short version is that Schrader got into a fistfight when he was in the Navy in 1968. Schrader was convicted of a misdemeanor and received no jail time.

That conviction prevented Schrader from clearing a background check for shotgun and handgun purchases in 2008 because federal law prohibits anyone convicted of a crime which carries a potential penalty of more than two years from owning a firearm. Maryland law at the time in 1968 carried no maximum penalty for a misdemeanor, but the feds construed the lack of a maximum penalty as being a potential penalty more than two years.

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