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Peace at any cost is a Prelude to War!

How Firearms Background Checks Backfire
Wes Vernon
Friday, June 1, 2001
WASHINGTON - The Brady anti-gun law has resulted in denial of a firearms
purchase to a former policeman who is an honored war veteran.
Why? A juvenile record from 42 years ago that was supposed to be "sealed”
nonetheless came back to deny him the right to buy a gun for his wife’s
protection.

This is the story of Michael Bruce Williams of Jacobson, Minn., a veteran of
22 years of honorable active-duty military service. He was denied the right
to buy a firearm even though he had had plenty of experience with firearms:
in the Air Force (including a tour of duty in Vietnam), as a National
Guardsman, as a policeman, and then back into the service - this time with
the Navy for 14 years. In all of the above capacities, he served with honor
and distinction.

He now has a daughter, born while he was in Vietnam, who today serves as a
chief petty officer in the U.S. Navy.

Williams’ wife of 38 years, a long-distance bicyclist, felt vulnerable while
riding to train for a 200-mile bike ride last summer. He suggested she attend
self-defense courses sponsored by the local sheriff, get a "permit to carry"
and carry a handgun.

When he went to buy a handgun for her for Mother's Day last year, he was
denied that right because the background check required by the Brady law
found a juvenile conviction. It was spotted by the Justice Department’s
National Instant Criminal Background Check System (NICS).

The conviction involved a juvenile burglary charge in 1959, when Williams was
16 years old.

NewsMax.com has obtained a copy of a court order dated Sept. 12, 1960,
wherein a judge in the Superior Court of Skagit County, Wash., acknowledged
that the young Williams had behaved himself during the probation period.
Therefore the court allowed him to plead not guilty to the crime. Further,
the judge ordered that the charge "is hereby dismissed and the defendant is …
released from all penalties and disabilities resulting from the filing of
said charge.”

The records were supposed to be sealed and expunged. But as the 59-year-old
Williams told NewsMax.com Thursday, "You can’t expunge memories.” And a
sheriff had neglected to destroy or discard a card file that remained and
came back to haunt Williams more than 40 years later when he went to buy a
handgun for his wife’s protection.

When he protested to the feds, he got a letter last December from Monica
Snyder, speaking for Timothy Munson, section chief for the NICS Program
Office.

The letter stated that the document showing the Order of Dismissal in 1960
was "insufficient to authorize your ability to purchase or redeem a firearm.”

"Therefore,” it added, "you are ineligible to purchase or possess firearms.”

Because Williams already possessed several guns, more or less as trophies
from his military and police days, he moved all firearms from his residence,
on the advice of his attorney.

The very fact that he was suddenly told he could not even possess firearms
after having used them over the years in so many official capacities seemed
bizarre. All because of a youthful error back in 1959.

"The only other blemish on my record," he told NewsMax.com, "is a ticket for
going 65 mph in a 55 mph zone … while driving to the District 8 Republican
convention.”

The next thing the veteran and ex-policeman did was to hire a lawyer, Gary
Jones, back in his native Washington state, where the youthful crime had
occurred. The attorney wrote the federal authorities arguing that the denial
"does not follow the Washington State law” regarding the Certificate of
Rehabilitation that had been granted his client many years ago.

Ultimately, Williams ended up having to go to his senators and congressman
for help. Just within the last two weeks, he received a call from an aide to
Sen. Mark Dayton, D-Minn., who told him the senator’s office had seen to it
that the ancient record back in Washington state was expunged.

When Williams said he would like to see that in writing, the senate aide told
him to "go ahead and buy a gun. You’re clear.”

As of this writing, he is awaiting the outcome of his latest attempted
purchase.

The point is that Williams should not have had to go to the time, money and
headache of having to hire a lawyer or petition the office of a United States
senator to achieve his Second Amendment rights.

What if his wife had been harmed because he couldn’t get her a gun?

Does this red tape make sense for someone who carried guns in serious
professional pursuits as a member of the Air Force, the Navy, the National
Guard and the Montevideo, Minn., police force? The latter position was
achieved after he had been certified as a police patrolman by the state of
Minnesota.

This is what critics of the Brady law are talking about when they point to
the "unintended consequences.”




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