A hot issue is back in the spotlight. A recent ruling states that second DUI conviction could mean losing the right to buy a firearm in the state of Pennsylvania.
The question is whether a DUI offense is serious enough to strip someone of their Second Amendment Rights.
In 2016, Raymond Holloway tried to buy a firearm but was denied because of his previous convictions. In 2002, he got his first DUI in Pennsylvania. He received his second in 2005.
He argued that the law does not apply to him because he is not a felon and getting a DUI is not serious enough to strip him of his rights. He sued and initially won a reversal in front of a district court.
In October of 2019, his case was argued before the Third Circuit Court. On January 17th, the appellate court issued an opinion.
“What the court said is it is a serious offense. It is the sort of serious offense that the federal statute contemplated when it ruled and held that someone with a conviction of an offense punishable of more than two years in prison out to be stripped of their Second Amendment rights.” said Tim George, a criminal defense lawyer.
Bob McDowell of Bob’s Gun Shop & Indoor Shooting Range says you have the right to own a gun but you have to be responsible.
“They should, people should have the right to bear arms, but we do definitely have to draw a line somewhere we have to or we would just pretty soon we would have convicted felons with firearms.” McDowell said.
George says that Mr. Holloway is able to take the case to