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Federal Court Restores Second Amendment Rights to Man Convicted of Repeat DUI
Ammoland ^ | 6 October, 2018 | Dean Weingarten

Posted on 10/09/2018 5:43:53 AM PDT by marktwain

Federal Court Restores Second Amendment Rights to Man Convicted of Repeat DUI

On 28 September, 2018, the U.S. District Court for the Middle District of Pennsylvania restored Second Amendment rights to Raymond Holloway, Jr.

Mr. Holloway had his Second Amendment rights removed after being convicted of driving under the influence (DUI) for a second time, in 2005. The first time was in 2002. Under Pennsylvania law, a second offence with a blood alcohol level above .16%, could be punished as a misdemeanor with up to five years in prison.

After serving his sentence as work-release for 90 days, and paying a fine of $1,500, Holloway has lead a virtuous life without further arrests or convictions.

Holloway attempted to purchase a firearm in 2015. He was denied because of the DUI conviction. People who have state misdemeanor convictions which can be punished with more than two years in jail, are prohibited posessors under federal law.

Holloway sued under the precedent of Binderup v. Sessions, from the Third Circuit, of which Pennsylvania is a part.

In Binderup, the Third Circuit found that minor, non-violent felonies were not sufficient to permanently remove a persons Second Amendment rights. The case was appealed to the Supreme Court, and the Court refused to hear it. Thus, Binderup is binding precedent for the Third Circuit.

From Holloway v. Sessions:

 Conclusion

Section 922(g)(1) is unconstitutional as applied to Holloway. Holloway’s disqualifying conviction was not sufficiently serious to warrant deprivation of his Second Amendment rights, and disarmament of individuals such as


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; court; pa; secondamendment
Full protection of Second Amendment rights is slowly happening. With Kavanaugh on the Supreme Court, more protections are coming our way.
1 posted on 10/09/2018 5:43:53 AM PDT by marktwain
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To: marktwain

HELS YA


2 posted on 10/09/2018 5:45:56 AM PDT by Lazamataz (On future maps, I suggest we remove the word "California" and substitute "Open-Air Asylum".)
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To: Lazamataz

Am I losing it or does five years for a misdemeanour conviction seem over the top? Should it not be a felony?


3 posted on 10/09/2018 6:04:38 AM PDT by .44 Special (Tiamid Buarsh)
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To: .44 Special
In general, 5 years sentence would be a felony. Misdemeanors generally run to a maximum of 365 days. That's why the BATF has the cutoff criteria as a punishment of 366 days or more. There is some flexibility at the courtroom level, perhaps the prosecutor offered calling this a misdemeanor, though it was charged (and was truly) a felony.

Still, I'm all over this ruling and happy about it.

4 posted on 10/09/2018 6:09:51 AM PDT by Lazamataz (On future maps, I suggest we remove the word "California" and substitute "Open-Air Asylum".)
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To: marktwain; Chode; Squantos; snooter55; All

Now I’m waiting for the PTB to make EVERYBODY READ AND UNDERSTAND PLAIN ENGLISH, HAVE EVERYBODY READ AND COMPREHEND THE 2nd Amendment TO THE U.S. CONSTITUTION.

Then they need to disband the Bad Attitude Towards Freedom & Equality.

The poor displaced jerks can empty Trash Cans in National Parks and Clean the Restrooms.

Distribute all the “Toys” to Poor/Low Income NON GANG MEMBERS.


5 posted on 10/09/2018 6:13:42 AM PDT by mabarker1 (Congress- the opposite of PROGRESS!!!)
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To: marktwain

Court can’t restore his 2nd Amendment rights. It can restore prohibit interference with his rights. The 2nd is absolute and makes no exceptions for DUI or any other convictions.


6 posted on 10/09/2018 8:42:56 AM PDT by arthurus (k)
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To: marktwain
With Kavanaugh on the Supreme Court I'm certainly more comfortable with sending Second Amendment cases up. Replacing Ruth Vader would be good insurance; Roberts isn't entirely trustworthy.
7 posted on 10/09/2018 8:48:18 AM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: marktwain

If someone is to dangerous to be permitted to own a firearm, then aren’t they too dangerous to be released from prison? Conversely, if someone is viewed as being non-harmful enough to release from prison, shouldn’t they be able to own a firearm?

I sincerely hope that with Kavanaugh now on the USSC, issues like this will get heard, and decided the correct way.

Another issue that I have is: How can it be legal for me to own 1 (or 50) metal or plastic boxes with a spring inside (A.K.A. a magazine) on one side of a line within the US, but it is illegal for me to do so on the other side of that same line - to the point where I can permanently lose my right to vote, my right to own a firearm and lose all ability to obtain a federal job? That crap HAS to be straightened out (and it’ll do my heart a LOT of good to see my former home of NJ have its AWB jammed right up its nanny-statist arse. Sheesh, when leaving NJ, I escaped about 200 years of potential jail time for what I owned, whereas in Texas I’m a lightly armed Yankee.


8 posted on 10/09/2018 8:59:16 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: mabarker1

what a concept


9 posted on 10/09/2018 3:47:36 PM PDT by Chode ( We’re America, Bitch!)
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