Jump to content
Sign in to follow this  
Bearing Arms

Should DUIs Cause Revocation Of Second Amendment Rights? Judge Says No

Recommended Posts

Drunk driving is a serious issue. Driving while intoxicated means you’re not at the top of your game. It claims way too many lives each and every year, and it’s something that can be easily avoided. Especially so in this day of companies like Uber and Lyft.

But should a couple of DUI convictions be sufficient reason for someone to lose their Second Amendment rights?

A federal judge restored the rights of a Pennsylvania man on Friday after determining that his misdemeanor driving under the influence convictions were not serious enough to justify a lifelong restriction on his Second Amendment rights.

Chief Judge Christopher Conner of the United States District Court for the Middle District of Pennsylvania ruled that Raymond Holloway’s second misdemeanor DUI conviction in 2005 was not a serious enough crime to result in a lifetime abridgment of one of his constitutional rights. Connor applied the standard set in the landmark case Binderup v. the U.S. Attorney General where the Third Circuit Court of Appeals found those convicted of certain nonviolent offenses can’t be barred from owning firearms for the rest of their lives. He said the government had failed to show that Holloway’s misdemeanor DUI convictions meant he should be disarmed for life.

“Defendants’ evidence fails to account for key characteristics of Holloway and similarly situated persons. They have presented no evidence indicating that individuals like Holloway—after over a decade of virtuous, noncriminal behavior—’remain [so] potentially irresponsible’ that they should be prohibited from owning a firearm,” Conner wrote in his ruling. “The government has not demonstrated a substantial fit between Holloway’s continued disarmament and the important government interest of preventing armed mayhem.”

Though Holloway had only committed misdemeanors and only served 90 days of work release for his second offense, he was still considered a prohibited person and barred from firearms possession under federal law because his second conviction carried a possible sentence of up to five years in prison. Federal law says that those convicted of a misdemeanor with a potential prison sentence of more than two years are prohibited from possessing firearms—even if they aren’t sentenced to that amount of time in prison. When Holloway went to purchase a firearm in 2016, 10 years after serving his sentence, he was informed that he was barred from doing so.

There’s no way a DUI conviction, regardless of the potential sentence, should bar someone from buying a gun. I’m sorry, it just doesn’t.

Yes, a case could be made that those who drive while intoxicated are showing poor judgment, but everyone shows poor judgment from time to time. No one is “on” 24/7/365. We all do stupid things from time to time. With Holloway, it was driving while above the legal limit. Considering how easily you can be over the legal limit and not realize it, it’s not necessarily as horrid as it sounds.

Luckily, the judge sided with Holloway, who argued the ban was unconstitutional as applied to him.

Unfortunately, though, the overturn only applies to him. Anyone else in the same boat will have to file their own lawsuit. The hope, however, seems to be that the Supreme Court will hear a case like this soon and rule on it. If they do, and a Trump appointee–Either Brett Kavanaugh or someone else–sits on the bench, they might elect to hear it this time around and kill this stupidity once and for all.

The post Should DUIs Cause Revocation Of Second Amendment Rights? Judge Says No appeared first on Bearing Arms.

View the full article

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Who Viewed the Topic

    1 member has viewed this topic:

Who we are

We are a community of concerned patriots who are not overly confident in the current direction of our society, from the wild political climate to what can be summed up as a lack of morals or a complete void of integrity and pretty much a blatant disregard of respect..... Respect for our past, respect for our future and respect for each other. In order to protect our constitution and life as we know it, we decided to not be the silent majority anymore and pull our selves up by the bootstraps and make the world a better place. This website is to unite people like us, people who want to make a difference ... and do it the right way, Little did we know that in doing so we would create the number one militia community online. Here we are. Enjoy.


We require all members to think before they post. We understand the issues raised on this site may lead to heated debate, but we still require all users to maintain a respectful environment. My Militia website bears no responsibility for the accuracy of anyone's comments and will bear no responsibility or legal liability for any discussion postings. We reserve the right to remove posts without notice, and the right to ban anyone who willfully violates the rules. All content is posted live with no moderation. If you see something that you think shouldn't be here please report it so we can handle it accordingly. Always respect the privacy of others if something is shared with you in a private fashion such as real names, emails or phone numbers. Please keep them private.
  • Create New...

Important Information

Your Privacy Is Important To Us Learn More: Privacy Policy