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Army Veteran Can’t Buy Rifle Because Of Pot Conviction 42 Years Ago

The Captain’s Journal – by HERSCHEL SMITH 

NRO’s Corner:

Ron Kelly, a 59-year-old retired U.S Army soldier, made the front page of the Houston Chronicle Wednesday after he was denied permission to purchase a .22 caliber rifle at a Wal-Mart in Tomball, Texas. The veteran failed the FBI’s background check because he was charged with marijuana possession — in 1971.  

Under the National Instant Criminal Background Check System, a person can be prevented from buying a gun if they have been convicted of a misdemeanor for which they could serve two or more years in prison. While in high school, Kelly was busted with a small amount of marijuana and spent one night behind bars before he was sentenced to a year of probation. Such a record, under the federal law, prohibits him from exercising his Second Amendment rights.

Kelly, a native of Durham, North Carolina, enlisted as an infantryman two years after the incident that is currently keeping him from keeping a gun in his own home. “I went on to serve 20 years,” said Kelly. He finds it “amazing” that after firing two decades worth of government ammunition, “they won’t let me buy a gun for a misdemeanor 42 years ago.”

I too find this ridiculous, and I couldn’t care less about a conviction for marijuana 42 years ago.  But let’s pause a moment and ask why it’s important to the story that he is retired from the U.S. Army?  It shouldn’t have anything to do with experience handling firearms.  That can be learned.  Does it have to do with the idea that members of the armed forces have served their country?

I have a son who is a former Marine.  I am sympathetic to that idea, and while America owes him everything they promised on a contractual basis, we don’t owe him a mansion on Emerald Isle with free food for the rest of his life.  Besides, appreciation for service shouldn’t be conflated with legal approval for owning weapons.

When retiring California police officers wanted to keep their “assault weapons” after leaving work, I opposed this exemption from the new California law.  If Californians want to be communists, then “special people” shouldn’t be exempted from their onerous laws and regulations.  Similarly, if it’s okay for someone who was charged with having marijuana 42 years ago to own a weapon, it shouldn’t matter whether he is a former Soldier or not.  What’s good for one is good for all.

http://www.captainsjournal.com/2013/07/11/army-veteran-cant-buy-rifle-because-of-pot-conviction-42-years-ago/

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10 Responses to Army Veteran Can’t Buy Rifle Because Of Pot Conviction 42 Years Ago

  1. T says:

    But he could become the President of the US if he wanted to!

  2. foytik says:

    He should have someone else buy the gun for him. He has a 2nd amendment right to posses a firearm, even if this stupid law keeps him from purchasing it.

    • US Marine Fighting Tyranny says:

      Hi foytik,

      Your acknowledgement of the 2nd Amendment is correct, but you have failed to acknowledge that the US Fed Gov’t has been overthrown, and is slowly instituting it’s desired basis of ruling, which is no-rights for anyone except the ruling elite.

      As for your suggestion, under this criminal gov’t, that’s called a “Straw-Deal”, and anyone who EVER admits to doing it, or even considering it, can, and most likely will be,… arrested, and lose their firearms, as well as do a little jail time. This is completely Un-Constitutional of course, but this criminal gov’t is completely lawless now.

      IF,.. a person was to buy a gun,.. and then LATER, decide to sell it,… that is a private sale, and is completely legal (for the time being), as long as there was no INTENT to be a Straw-Buyer, they are safe.

      NEVER,.. EVER,.. say your buying a firearm for someone else,… they WILL BUST YOU!

      After this criminal gov’t has been abolished, the traitors tired and convicted (hung…), and the Constitution with the Bill Of Rights restored,… then anyone can own firearms as they please,.. until then,…. you play the game by their rules to keep from giving them an excuse to rip your house apart, arrest you, and to send you thru the meat grinder called the American Injustice System.

      JD – US Marines – Play it smart.

    • Fred says:

      All he has to do is buy it privately.

  3. diggerdan says:

    HaHahHa, I just watched something the other day where the MARINES were doing as much Bath Salts and the Spice aka synthetic marijuana as they could ever want when they want, yea that was on MSM, but they are all out their carrying firearms, WTF. Is there a double standard there or what? Screw them hippocrit law makers – if we want a gun then we are going to get any GD gun we want reguardless of what the so called law is. AFTER ALL THE LAW IS MADE ONLY FOR THE LAW MAKERS, RIGHT so why should us people follow the law that is only made for the law makers? Yep that was on ABC the other night doing interviews with the Marines – they said that everyone is doing it in the Marines because their drug tests do not detect that stuff. :) :) :( :(

    • Angel-NYC says:

      IMHO, this particular story should have nothing to do with his military service.
      I know you remember the ’60s-’70’s, digger :) ;). Hubby & I know what it was like in TX (Tomball was, and still is, one of the worst). Had many friends “busted”, in our youth, because of something as small as a “roach”. I know it happened in other states, as well. Now, that BS is coming back to haunt them with this BS.
      GEEZ! WTF
      It just ain’t right. :(

      • diggerdan says:

        Yes I know Angel, it realy is not right at all. These drug and gun laws really are not right one bit. :(

  4. Shorty says:

    But we can have an admitted drug user, who is probably an illegal alien and can’t pass E-Verify, sitting in the white house with his finger on the nuclear trigger. How insane has this country become?

  5. Lenzorizzo says:

    His military record is relevant to the story if his service took place after his arrest. If the government would allow him to carry a weapon in “defense” of the country after a pot bust, it is hypocritical to deny him the ability to own one 42 years later.

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