Man convicted of misdemeanor 25 years ago has Second Amendment rights restored

[PocketProtector]

Well, it is PRMD so not sure what they mean by 2A rights restored No one has "2A" rights there

http://www.foxnews.com/us/2015/02/19...ghts-restored/

A man convicted 25 years ago in Maryland on a misdemeanor charge for carrying a firearm without a license will see his Second Amendment rights restored, under a new federal court ruling issued Wednesday.

Alan Gottlieb, founder and executive director of the Washington-based The Second Amendment Foundation, which represented Julio Suarez, called the ruling “significant.”

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“Under existing federal law many people convicted of non-violent state-level misdemeanors have lost their Second Amendment rights because they’ve been lumped together with convicted felons due to indeterminate sentencing laws,” Gottlieb said.

“That’s not right, and cases like this help restore some perspective and narrow some broad legislative brush strokes.”

The case provides a “building block” on which similar cases can be challenged, Gottlieb said.

Suarez, originally pulled over by police in 1990 on a suspected DUI charge, was convicted instead of possessing a firearm without a permit and sentenced to 180 days in prison, 1 year probation and a $500 fine. Court records show the terms of imprisonment and fine were both suspended.

The father of three, who has been married for 20 years and is an active member of his local church, has since led an “exemplary life,” Gottlieb said, but he noted the conviction was enough to cost Suarez his ability to buy and keep a firearm for defense of his home and family.

In a 26-page decision, Middle District Court Judge William W. Caldwell said Suarez “is no more dangerous than a typical law-abiding citizen and poses no continuing threat to society.”

“A person should not lose his or her constitutional rights for non-violent indiscretions that occur once in a lifetime,” said Second Amendment Foundation Attorney Alan Gura, who represented Suarez.

According to those involved with the case, the federal government argued those convicted of misdemeanors who could have served a year in prison should be treated as felons.

U.S. Department of Justice Attorney Daniel Riess told Fox News he could not make a statement on the case because it is still considered to be “pending," meaningthe government will appeal the ruling to a higher court.

Riess referred calls to DOJ public relations person Nicole Nazas, who told FoxNews.com that “we’re reviewing the opinion and considering any next steps.”

[GunLawyer001]

Nice. Alan Gura seems to know how to win these things, for his clients and for the rest of us as well.

And he's so quiet about it, too. Gotta like that.

Gives us another avenue for rights restorations, in addition to pardons.

[GeneCC]

According to those involved with the case, the federal government argued those convicted of misdemeanors who could have served a year in prison should be treated as felons.

U.S. Department of Justice Attorney Daniel Riess told Fox News he could not make a statement on the case because it is still considered to be “pending," meaningthe government will appeal the ruling to a higher court.

Riess referred calls to DOJ public relations person Nicole Nazas, who told FoxNews.com that “we’re reviewing the opinion and considering any next steps.”

The FedGov says people with Misdemeanor convictions can pick the person who works the "football", the gadget that launches missiles at our enemies by exercising their rights to vote.

Heaven forbid that they own a firearm.

[GunLawyer001]

The FedGov says people with Misdemeanor convictions can pick the person who works the "football", the gadget that launches missiles at our enemies by exercising their rights to vote.

Heaven forbid that they own a firearm.

Ted Kennedy could be a US Senator, but was ineligible to possess a single-shot .22 rifle. Go figure.

[GeneCC]

Ted Kennedy could be a US Senator, but was ineligible to possess a single-shot .22 rifle. Go figure.

Was he convicted of any crime? I thought that the Kopechne family was bought off.

Mr. Kennedy's alcoholism and rowdy behavior probably made him ineligible to hold a concealed carry permit in PA too.

[GunLawyer001]

Was he convicted of any crime? I thought that the Kopechne family was bought off.

Mr. Kennedy's alcoholism and rowdy behavior probably made him ineligible to hold a concealed carry permit in PA too.

"Kennedy pleaded guilty to a charge of leaving the scene of an accident after causing injury".

[GeneCC]

"Kennedy pleaded guilty to a charge of leaving the scene of an accident after causing injury".

At least it ended the prospect of "President Edward Kennedy". Ms. Kopechne did not die in vain.

Kennedy had the Kennedy Trust Fund. Plenty of money to hire armed guards. He didn't even need to drive himself, which helped a lot with potential DUI charges.

Poor thing couldn't run his own life but felt he could run the Nation.

[PAMedic=F|A=]

The 2nd amendment foundation is so effective, I wish they had more support.