Home Forums Classifieds Blogs Today's Posts Search Social Groups



  
SIGN-UP
Notices

Glock Talk
Welcome To The Glock Talk Forums.

 
  
Reply
 
Thread Tools Display Modes
Old 02-27-2013, 06:27   #1
knoxvegasdaddy
UBER VOL !!!
 
knoxvegasdaddy's Avatar
 
Join Date: Jun 2002
Location: Hallowed ground - Neyland Stadium!
Posts: 1,800
now i'm REALLY confused!

from dictionary.com:

fel·o·ny [fel-uh-nee]
1.
an offense, as murder or burglary, of graver character than those called misdemeanors, especially those commonly punished in the U.S. by imprisonment for more than a year. emphasis added.

from the article: VIETNAM VET BARRED FROM OWNING A GUN BECAUSE OF A TEENAGE MISDEMEANOR 45 YEARS AGO

Jefferson Wayne Schrader of Cleveland, Ga., has been fighting a losing battle in the courts since 2008 to get his name off the fed’s firearm ban list. In fact, just last month, a federal appeals court in Washington, D.C., upheld a lower-court ruling barring him from owning a firearm.

“Due to a conviction some forty years ago for common-law misdemeanor assault and battery for which he served no jail time, plaintiff Jefferson Wayne Schrader, now a sixty-four-year-old veteran, is, by virtue of 18 U.S.C. § 922(g)(1), barred for life from ever possessing a firearm,” U.S. Circuit Judge David Tatel wrote in the court’s January opinion.

So when Schrader tried to buy a handgun in 2008, the NICS flagged his 45-year-old misdemeanor – which only now qualifies in Maryland for a sentence of two or more years in prison – and he was disqualified from making the purchasing.

Now I'm really confused!

So there are misdemeanor crimes that are punishable by more than 1 year in prison?

And these crimes, even though they are recognized as misdemeanors by the state, are recognized as felonies by the Federal govt.??

also, what gives with the change in sentence time? So the assault, committed in the sixties, had the sentence time lengthened long after the fact, but it still applies to the crime?

Every time I think I know even the basics about laws, things change! Sam Spade, where are you?
__________________
Operators gonna operate - Fact!

Counting on someone else's self restraint for your safety is not a strategy. - OLY-M4gery
knoxvegasdaddy is offline   Reply With Quote
Old 02-27-2013, 06:42   #2
kaech
Senior Member
 
Join Date: Jan 2012
Location: CG wisconsin
Posts: 411
I had to get a misdemeanor expunged from my juvenile record in order to buy a gun. It's pretty embarrassing when you go to buy a gun and you get turned down and you have no idea why, since your not a felon. Long story short 6 months later I was able to purchase firearms
__________________
17,19,19fde,26,23,32*
kaech is offline   Reply With Quote
Old 02-27-2013, 06:45   #3
Ohio Copper
Senior Member
 
Ohio Copper's Avatar
 
Join Date: Mar 2012
Location: The Rust Belt.
Posts: 4,614
More to this story, me thinks?
__________________
Quote:
Any fool can criticize, condemn and complain - and most fools do.

Benjamin Franklin
Quote:
Just being a federally "prohibited person" who owns guns and signatures about them on the internet should be enough to keep him paranoid."
Ohio Copper is offline   Reply With Quote
Old 02-27-2013, 06:45   #4
Ohio Copper
Senior Member
 
Ohio Copper's Avatar
 
Join Date: Mar 2012
Location: The Rust Belt.
Posts: 4,614
Since when is a misdemeanor punishable with up to two years in the pen?

You can go to the joint for two years for DUS?
__________________
Quote:
Any fool can criticize, condemn and complain - and most fools do.

Benjamin Franklin
Quote:
Just being a federally "prohibited person" who owns guns and signatures about them on the internet should be enough to keep him paranoid."
Ohio Copper is offline   Reply With Quote
Old 02-27-2013, 07:22   #5
SgtScott31
Senior Member
 
Join Date: Jan 2011
Posts: 351
It appears that the conviction he had 45 years ago is now a felony, which is maybe why he can't get the firearm. Sounds like bs, but if the court won't overturn it he's sol.
SgtScott31 is offline   Reply With Quote
Old 02-27-2013, 08:23   #6
txleapd
Hook 'Em Up
 
txleapd's Avatar
 
Join Date: Aug 2004
Location: TX
Posts: 6,239
Is "common-law misdemeanor assault and battery" the same thing as domestic violence?

Never mind. Found it....

18 USC 922 (g) it shall be unlawful for any person -
(1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;



Posted using Outdoor Hub Campfire
__________________
1911 Club #75
Kahr Club #286
Lone Star Glockers #919


"A fear of weapons is a sign of retarded sexual and emotional maturity” Sigmund Freud

Last edited by txleapd; 02-27-2013 at 08:29..
txleapd is offline   Reply With Quote
Old 02-27-2013, 08:55   #7
series1811
CLM Number
Enforcerator.
 
series1811's Avatar
 
Join Date: Apr 2003
Location: Retired, but not expired.
Posts: 14,312
It doesn't matter what they call it, if the possible penalty is more than a year in jail, it's a felony.

Kind of sucks that the law got changed years after he got convicted. But, a lot of domestic violence offenders got caught in that same trap years later.
__________________
I sure miss the country I grew up in.
series1811 is offline   Reply With Quote
Old 02-27-2013, 10:25   #8
WT
Senior Member
 
Join Date: Jan 1999
Location: USA
Posts: 1,811
Under Maryland law (where the original crime too place) some misdemeanor crimes are punishable by up to 18 months in prison.


Anyway, the Appellate Court Decision is on the web.


In brief Schrader, while serving in the United States Navy, had words with a civilian on a public street and then punched said civilian.

Last edited by WT; 02-27-2013 at 10:45..
WT is offline   Reply With Quote
Old 02-27-2013, 13:29   #9
DaBigBR
No Infidels!
 
DaBigBR's Avatar
 
Join Date: Oct 2005
Location: Circling the wagons.
Posts: 15,924
Quote:
Originally Posted by knoxvegasdaddy View Post
So there are misdemeanor crimes that are punishable by more than 1 year in prison?
In my state we have the "aggravated misdemeanor", which is punishable by up to two years in prison. It would meet the definition under 18USC922(g)(1), although it would not pop as a "felony conviction" on our criminal histories. Most aggravated misdemeanors here some to be things that would be a felony most other places...assault on a peace officer causing injury, second offense PCS (anything but marijuana), assault while displaying a weapon, vehicle burglary, and several others.

Somehow I suspect that it was the state's attempt to be kinder and gentler and not churn out more convicted felons, but I have no evidence to support that. Another example would be Public Intoxication 3rd and Subsequent...you can get two years in prison for it, although 99%+ of the time it is pled to first offense and people are fined).
__________________
"Logic is rarely the engine that propels a police department forward."

-David Simon in "Homicide"
DaBigBR is offline   Reply With Quote
Old 02-27-2013, 14:17   #10
series1811
CLM Number
Enforcerator.
 
series1811's Avatar
 
Join Date: Apr 2003
Location: Retired, but not expired.
Posts: 14,312
Quote:
Originally Posted by Ohio Copper View Post
Since when is a misdemeanor punishable with up to two years in the pen?

You can go to the joint for two years for DUS?

Many federal "misdemeanors" carry over a one year penalty in jail.
__________________
I sure miss the country I grew up in.

Last edited by series1811; 02-27-2013 at 14:18..
series1811 is offline   Reply With Quote
Old 02-27-2013, 16:52   #11
Ohio Copper
Senior Member
 
Ohio Copper's Avatar
 
Join Date: Mar 2012
Location: The Rust Belt.
Posts: 4,614
Quote:
Originally Posted by series1811 View Post
Many federal "misdemeanors" carry over a one year penalty in jail.
Damn you Feds!!!!


Posted using Outdoor Hub Campfire
__________________
Quote:
Any fool can criticize, condemn and complain - and most fools do.

Benjamin Franklin
Quote:
Just being a federally "prohibited person" who owns guns and signatures about them on the internet should be enough to keep him paranoid."
Ohio Copper is offline   Reply With Quote
Old 02-27-2013, 17:23   #12
blueiron
Senior Member
 
Join Date: Aug 2004
Posts: 13,602
Thank Frank Lautenberg for revising the Constitution.
blueiron is offline   Reply With Quote
Old 02-28-2013, 01:09   #13
lawman800
Juris Glocktor
 
lawman800's Avatar
 
Join Date: Apr 2002
Location: Out the frying pan & into the fire!
Posts: 37,672
Blog Entries: 1
CA's rule about jails being a year and under is pretty much hard and fast but I have heard of repeat offenders for misdemeanors with mandatory sentencing like driving with a suspended license getting more than a year in jail but because it's a misdemeanor, they can't serve it in prison, so they get stuck with a long jail sentence.
__________________
Quote:
Originally Posted by blueiron:
I've said it before and I'll say it here: they'd look better with lividity.
lawman800 is offline   Reply With Quote
Old 02-28-2013, 08:11   #14
DaBigBR
No Infidels!
 
DaBigBR's Avatar
 
Join Date: Oct 2005
Location: Circling the wagons.
Posts: 15,924
Quote:
Originally Posted by lawman800 View Post
CA's rule about jails being a year and under is pretty much hard and fast but I have heard of repeat offenders for misdemeanors with mandatory sentencing like driving with a suspended license getting more than a year in jail but because it's a misdemeanor, they can't serve it in prison, so they get stuck with a long jail sentence.
For what it's worth, in my state you can get up to one year in jail, but anything over IS prison. Get convicted of an aggravated misdemeanor and sentenced to two years? You do it in prison. Although, with an indeterminate sentencing law and good time for people in prison, you would actually spend more time inside if sentenced on a year in county.
__________________
"Logic is rarely the engine that propels a police department forward."

-David Simon in "Homicide"
DaBigBR is offline   Reply With Quote
Old 02-28-2013, 10:13   #15
lawman800
Juris Glocktor
 
lawman800's Avatar
 
Join Date: Apr 2002
Location: Out the frying pan & into the fire!
Posts: 37,672
Blog Entries: 1
Used to be that way here with prison too. You can get out in half the time if you were good and didn't have any other problems. In jail, they didn't have "half-time" as it was called so you ended up serving longer in jail than prison.

But now with all the overcrowding, not many people even do a few days for most non-violent offenses before getting kicked out. Saw a few cases where the guy said he went to check in for intake and took forever and then they just kicked him out right away because they were out of space.
__________________
Quote:
Originally Posted by blueiron:
I've said it before and I'll say it here: they'd look better with lividity.
lawman800 is offline   Reply With Quote
Old 02-28-2013, 19:10   #16
faceplant
Senior Member
 
Join Date: Feb 2006
Posts: 980
Quote:
Originally Posted by blueiron View Post
Thank Frank Lautenberg for revising the Constitution.
This is the answer. A piece of **** legislation that has jammed up many a cop and others. Retroactive for any past convictions.

http://en.wikipedia.org/wiki/Domesti...fender_Gun_Ban

Last edited by faceplant; 02-28-2013 at 19:13..
faceplant is offline   Reply With Quote
Old 02-28-2013, 19:51   #17
Bren
NRA Life Member
 
Bren's Avatar
 
Join Date: Jan 2005
Location: Kentucky
Posts: 36,975
Quote:
Originally Posted by blueiron View Post
Thank Frank Lautenberg for revising the Constitution.
Actually, 922(g)(1) is from the GCA of 1968, not Lautenberg, but he's still a communist POS.
__________________
Quote:
This is the internet - you will never learn to shoot here.
- Me, 2014.
Bren is offline   Reply With Quote
Old 03-01-2013, 08:47   #18
merlynusn
Senior Member
 
merlynusn's Avatar
 
Join Date: Nov 2007
Location: NC
Posts: 3,284
Quote:
Originally Posted by blueiron View Post
Thank Frank Lautenberg for revising the Constitution.
I'm surprised someone hasn't filed a suit against that. I agree that is unconstitutional.

Ironically, I can shoot you (a through and through GSW to an extremity is a misdemeanor here) and still be allowed to own a gun. But if I assault a roommate with my fist (living together counts as DV here) I am barred from ever owning a gun. How jacked up is that?

And if you are convicted of a misdemeanor 40 some odd years ago and the sentence was changed to be that of a felony level. How is that not an ex post facto law? Are you not applying today's penalty against something that happened in the past, thus enhancing the charge?

Last edited by merlynusn; 03-01-2013 at 08:47..
merlynusn is offline   Reply With Quote
Old 03-02-2013, 00:31   #19
silentpoet
Senior Member
 
silentpoet's Avatar
 
Join Date: Jan 2007
Location: This Old Caddy
Posts: 17,308
I was going to ask about the ex post facto thing. And I agree about that piece of ****, Lautenberg, who wrote the law.
silentpoet is online now   Reply With Quote

 
  
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump




All times are GMT -6. The time now is 22:03.




Homepage
FAQ
Forums
Calendar
Advertise
Gallery
GT Wiki
GT Blogs
Social Groups
Classifieds


Users Currently Online: 987
276 Members
711 Guests

Most users ever online: 2,672
Aug 11, 2014 at 2:31