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army vet denied right to own gun due to ...

Arbo

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Army Vet Denied Right To Own Gun Due To 42-Year-Old Misdemeanor Drug Charge « CBS Houston

Ron Kelly is a retired Army veteran. He used to fire tanks, cannons, and machine guns while fighting for the United States. However, when he applied to the FBI for the right to purchase a .22-caliber rifle from Wal-Mart, the FBI denied him, citing a minor drug possession conviction back in 1971.
Kelly was still in high school at the time, and was reportedly sentenced to just one year probation. Two years later, he enlisted in the U.S. Army.

More stupidity as we go along. Just think of all the data they track about everyone now they can use to continue to deny people their rights.
 

CanadaJohn

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Army Vet Denied Right To Own Gun Due To 42-Year-Old Misdemeanor Drug Charge « CBS Houston



More stupidity as we go along. Just think of all the data they track about everyone now they can use to continue to deny people their rights.

I agree this is unfair, but I think it's more unfair that a person with a drug misdemeanor in their past can't get a decent job. In both cases, the person should be able to have that record expunged after a fairly short period of time and good behaviour.
 

MaggieD

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Hatuey

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I won't get too worked up about this until all who've served their time are restored their full and guaranteed constitutional rights. :shrug:
 

davidtaylorjr

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So much for the 2nd Ammendment. By the way, the Constitution didn't have caveats like no mental illness history, no criminal history..... Just saying...
 

FilmFestGuy

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Tucker Case

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This story shows the stupidity of both the war on drugs AND certain gun control measures.
 

ttwtt78640

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Army Vet Denied Right To Own Gun Due To 42-Year-Old Misdemeanor Drug Charge « CBS Houston



More stupidity as we go along. Just think of all the data they track about everyone now they can use to continue to deny people their rights.

The solution is simple make the right to keep and bear arms subject to exactly the same conditions as the right to vote, or hold any gov't job (elected, appointed or hired) or contract. The nonsense of any crime having a sentence extended beyond the prison, jail, parole or probation time initially given is insane.
 

mak2

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Is that the law in Texas? A minor drug charge? I bet there is more to this story. I dont believe violent felons should ever be allowed to own a firearm, but someone with a minor drug thing should.
 

CRUE CAB

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I won't get too worked up about this until all who've served their time are restored their full and guaranteed constitutional rights. :shrug:
Even scumbag bank robbers and child molesters?
 

WCH

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Is that the law in Texas? A minor drug charge? I bet there is more to this story. I dont believe violent felons should ever be allowed to own a firearm, but someone with a minor drug thing should.

In Texas, a person convicted of any felony offense may not possess a firearm for five years after release from confinement, community supervision or parole, whichever is later. Texas Penal Code § 46.04(a). Moreover, a person convicted of an offense under section 22.01 of the Texas Penal Code (Assault–Family Violence), punishable as a Class A misdemeanor and involving a member of the person’s family or household, may not legally possess a firearm before the fifth anniversary of the later of the date of the person’s release from confinement or community supervision. TPC §46.04(b).

Federal laws are also important to understand. Under 18 U.S.C. § 922(g)(1), no person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year may possess, ship, receive, or transport a firearm or ammunition. A sentence exceeding one year imprisonment is classified as a felony. Therefore, under federal law, it is unlawful for a person convicted of any felony offense, at any time, to possess a firearm.

https://www.dallasbar.org/content/losing-your-guns-collateral-consequences
 

Captain Adverse

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Iam suprised he was allowed in the Army.

Not surprising, especialy 22 years ago. Only felony convictions are automatic bars to military service. Misdemeanors are subject to special entrance evaluation, and if determined not detrimental to good order, can be waived and a recruit can continue with the entrance process.
 

Captain Adverse

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Is that the law in Texas? A minor drug charge? I bet there is more to this story. I dont believe violent felons should ever be allowed to own a firearm, but someone with a minor drug thing should.

Be careful with absolute thinking. Sometimes all that separates an innocent man from a "violent felon" is a bad defense attorney, a biased jury, or a both.

Perhaps you mean a felon with a history of violence?
 

Davo The Mavo

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Iam suprised he was allowed in the Army.

Well, according to the article, he enlisted in 1973. They use to give guys a choice in court back then . . . go to prison or join the service. A misdemeanor drug charge would not have warranted a batting of the eye. Hell, back then, "Smoking and Drinking" were as normal a part of the military as dress right dress & morning formation. You could walk through any barracks on any base and smell the pot being smoked behind closed doors. It was a non issue back then . . . no matter what anyone says.

That being said . . . if this is all that held up this guy's right to purchase a .22 . . . then we have a problem Houston.
 
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Hatuey

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Even scumbag bank robbers and child molesters?

Even them:shrug: If you've served your time, there is no reason for you to have your rights taken away. That's what prison is for.
 

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Army Vet Denied Right To Own Gun Due To 42-Year-Old Misdemeanor Drug Charge « CBS Houston



More stupidity as we go along. Just think of all the data they track about everyone now they can use to continue to deny people their rights.

They shouldn't even bother with background checks on any .22 short/LR/and maybe magnum firearms. They're glorified pellet guns made for plinking and varmint hunting. Fun, but hardly background check worthy. Also, I believe being an honorably discharged veteran nullifies something like a stupid dope charge from over 40 years ago. The government has no problem giving us machine guns and combat rifles to kill little brown people in tiny villages, but we can't buy a 22 if we got busted on a minor dope charge 40 years ago? Makes no godamned sense.

Hell, I'd fill out the paperwork and "straw purchase" the damned thing for that guy. Seriously, it's just a 22.
 
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So much for the 2nd Ammendment. By the way, the Constitution didn't have caveats like no mental illness history, no criminal history..... Just saying...

that's because they needed people crazy enough to fight the British army ...
BTW, it's 2013 ... just saying ...
 

CRUE CAB

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They shouldn't even bother with background checks on any .22 short/LR/and maybe magnum firearms. They're glorified pellet guns made for plinking and varmint hunting. Fun, but hardly background check worthy. Also, I believe being an honorably discharged veteran nullifies something like a stupid dope charge from over 40 years ago. The government has no problem giving us machine guns and combat rifles to kill little brown people in tiny villages, but we can't buy a 22 if we got busted on a minor dope charge 40 years ago? Makes no godamned sense.

Hell, I'd fill out the paperwork and "straw purchase" the damned thing for that guy. Seriously, it's just a 22.
You obviously dont know the first thing about guns, more people are killed with a .22 than any other caliber.
 

LaMidRighter

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Even them:shrug: If you've served your time, there is no reason for you to have your rights taken away. That's what prison is for.
Agreed, the system is so messed up though that people who should remain in prison for horrendous acts get released early, and some non-violent offenders spend decades in prison. I think the whole system needs an audit to determine how to keep actual dangerous people in prison, but that will take a full audit of all legal statutes.
 

American

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I won't get too worked up about this until all who've served their time are restored their full and guaranteed constitutional rights. :shrug:

Murders, rapist, child molesters.....it's all the same to you. Just like getting parking tickets.
 

American

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Agreed, the system is so messed up though that people who should remain in prison for horrendous acts get released early, and some non-violent offenders spend decades in prison. I think the whole system needs an audit to determine how to keep actual dangerous people in prison, but that will take a full audit of all legal statutes.

Yeah, I agree to a point, but comparing this guy to felons is total bul****.
 

notquiteright

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Iam suprised he was allowed in the Army.

It was 1971, Vietnam was still going on, the drug charge was a misdemeanor that was 2 years old. Back in the day many men went into the Service because the Judge gave them a choice, some of whom while laying in the mud beside me were convinced that made the wrong choice! ;)
 

LaMidRighter

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Yeah, I agree to a point, but comparing this guy to felons is total bul****.
Absolutely. There is only one NICS misdemeanor to disqualify from purchasing or owning, domestic violence. Then again most of the non-violent felony prohibitions are crap too.
 

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You obviously dont know the first thing about guns
Thanks for the laugh

more people are killed with a .22 than any other caliber.
It would actually be the 38 caliber, according to the ATF, followed by 9mm, 380 ACP, and the 25 (not 22, the 25) caliber. You obviously don't know the first thing about doing your own research.
 
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