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now i'm REALLY confused!

Discussion in 'Cop Talk' started by knoxvegasdaddy, Feb 27, 2013.

  1. from

    fel·o·ny [fel-uh-nee]
    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.


    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?
  2. kaech


    Jan 26, 2012
    CG wisconsin
    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

  3. Ohio Cop

    Ohio Cop

    Mar 1, 2012
    The Rust Belt.
    More to this story, me thinks?
  4. Ohio Cop

    Ohio Cop

    Mar 1, 2012
    The Rust Belt.
    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?
  5. SgtScott31


    Jan 17, 2011
    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.
  6. txleapd

    txleapd Hook 'Em Up

    Aug 27, 2004
    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;

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    Last edited: Feb 27, 2013
  7. series1811

    series1811 Enforcerator. CLM

    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.
  8. WT

    WT Millennium Member

    Jan 12, 1999
    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: Feb 27, 2013
  9. DaBigBR

    DaBigBR No Infidels!

    Oct 28, 2005
    Circling the wagons.
    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 can get two years in prison for it, although 99%+ of the time it is pled to first offense and people are fined).
  10. series1811

    series1811 Enforcerator. CLM

    Many federal "misdemeanors" carry over a one year penalty in jail.
    Last edited: Feb 27, 2013
  11. Ohio Cop

    Ohio Cop

    Mar 1, 2012
    The Rust Belt.
    Damn you Feds!!!!

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  12. blueiron


    Aug 10, 2004
    Thank Frank Lautenberg for revising the Constitution. :upeyes:
  13. 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.
  14. DaBigBR

    DaBigBR No Infidels!

    Oct 28, 2005
    Circling the wagons.
    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.
  15. 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.
  16. faceplant


    Feb 8, 2006
    Last edited: Feb 28, 2013
  17. Bren

    Bren NRA Life Member

    Jan 16, 2005
    Actually, 922(g)(1) is from the GCA of 1968, not Lautenberg, but he's still a communist POS.
  18. merlynusn


    Nov 16, 2007
    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: Mar 1, 2013
  19. silentpoet


    Jan 11, 2007
    This Old Caddy
    I was going to ask about the ex post facto thing. And I agree about that piece of ****, Lautenberg, who wrote the law.