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 SAF SUES ERIC HOLDER, FBI OVER MISDEMEANOR GUN RIGHTS DENIAL

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PostSubject: SAF SUES ERIC HOLDER, FBI OVER MISDEMEANOR GUN RIGHTS DENIAL   Sun Oct 24, 2010 8:37 pm

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SAF SUES ERIC HOLDER, FBI OVER MISDEMEANOR GUN RIGHTS DENIAL

For Immediate Release: 10/13/2010

BELLEVUE, WA – Acting on behalf of a Georgia resident and honorablydischarged Vietnam War veteran, the Second Amendment Foundation todayfiled a lawsuit against Attorney General Eric Holder and the FederalBureau of Investigation over enforcement of a federal statute that candeny gun rights to someone with a simple misdemeanor conviction on hisrecord.The lawsuit was filed in United States DistrictCourt for the District of Columbia. SAF and co-plaintiff JeffersonWayne Schrader of Cleveland, GA are represented by attorney Alan Gura,who successfully argued both the Heller and McDonald cases before theU.S. Supreme Court.In July 1968, Schrader, then 21, wasfound guilty of misdemeanor assault and battery relating to a fightinvolving a man who had previously assaulted him in Annapolis, MD. Thealtercation was observed by a police officer, who arrested Schrader,then an enlisted man in the Navy, stationed in Annapolis. The man hefought with was in a street gang that had attacked him for enteringtheir “territory,” according to the complaint.Schraderwas ordered to pay a $100 fine and $9 court cost. He subsequentlyserved a tour of duty in Vietnam and was eventually honorablydischarged. However, in 2008 and again in 2009, Mr. Schrader was deniedthe opportunity to receive a shotgun as a gift, or to purchase ahandgun for personal protection. He was advised by the FBI to disposeof or surrender any firearms he might have or face criminal prosecution.“Schrader’sdilemma,” explained SAF Executive Vice President Alan Gottlieb, “isthat until recently, Maryland law did not set forth a maximum sentencefor the crime of misdemeanor assault. Because of that, he is now beingtreated like a felon and his gun rights have been denied.“Nofair-minded person can tolerate gun control laws being applied thisway,” he added. “Mr. Schrader’s case is a great example of why gunowners cannot trust government bureaucrats to enforce gun laws.”
The Second Amendment Foundation ([You must be registered and logged in to see this link.] is the nation's oldestand largest tax-exempt education, research, publishing and legal actiongroup focusing on the Constitutional right and heritage to privatelyown and possess firearms. Founded in 1974, The Foundation has grown tomore than 650,000 members and supporters and conducts many programsdesigned to better inform the public about the consequences of guncontrol. SAF has previously funded successful firearms-related suitsagainst the cities of Los Angeles; New Haven, CT; and San Francisco onbehalf of American gun owners, a lawsuit against the cities suing gunmakers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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SAF SUES ERIC HOLDER, FBI OVER MISDEMEANOR GUN RIGHTS DENIAL
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