Georgia Carry has issued a lengthy email update. In short, a man pardoned for his 1960s drug conviction with a full restoration of firearms rights was denied a transfer this year (even though they approved one two years ago). The NICS people then called the Forsyth County Probate Judge and ordered the judge to revoke the man's Georgia firearms license, which is really going out of their way. In addition, when he appealed the NICS decision, they told him he was ineligible to even possess a gun under federal law.
The preliminary injunction was to keep the man from being prosecuted during the pendency of the federal lawsuit.
Here is the link to the court pleadings (Complaint, motion for preliminary injunction, and motion for summary judgment).
Suffice it to say that the federal government was going way out of its way to disarm Mr. Haney, but he stood up for his rights, hired two top notch lawyers, and the federal government completely caved in and conceded its case before the hearing even started yesterday.
Friday, January 16, 2009
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6 comments:
Where does a man go to get his dignity back? To what Government office must one apply?
Longbow
Is there a link or document showing how this was resolved? Consent order etc..?
Suggest you contact Geirgia Carry for further info:
http://www.georgiacarry.org/cms/
When I was reading this I couldn't helped thinking about WY and what they are going through to help people with petty DV convictions that screwed them retroactively. (special thanks to bob barr)
The government meaning BATFE and DOJ lawyers have put in huge efforts into the WY case and its all about how WY removes the crime off someone's government record.
Clearly this is disarmament and nothing but by spiltting hairs to do so by the government. Attacking state's rights to disarm its people is not what the federal government needs to be doing. But here we are!
The thought that strikes me is that most of us who cannot afford to hire two "top notch" lawyers would not win in the legal system. Leaving us only one recourse.
The more I see, the more I think that Mike Vanderboegh is right about the near future. I hate to say it. Don't get me wrong, I agree with Mike on just about everything. I hate to say it because I don't want to see that many people die. I'm by no means the only one (no pun intended) either.
I think we're closer to another of Mike's scenarios than Absolved at the moment, though. I think windows may be subject to flying rocks in the much more immediate future.
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