DUI Law changes / some might get gun rights back.. - Page 3 - The HuntingPA.com Outdoor Community

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post #21 of 32 (permalink) Old 10-30-2009, 04:13 PM
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Re: DUI Law changes / some might get gun rights ba

That's no kidding. I know a lw enforment officer that told me about a month ago he had to confiscate a bunch of guns. He didn't want to do it, but he had to. Reason? The girlfriend said he made threats. Did he do it? Maybe. Maybe not, but his rights were taken away from for life without exception.

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post #22 of 32 (permalink) Old 10-30-2009, 04:36 PM
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Re: DUI Law changes / some might get gun rights ba

Thread drift is way excessive here guys.

To the topic. The court found fault in charges based on the law, as written and applicable in this case. The requirement for a prior conviction to have happened did not occur in this instance. The penalty at hand was repealed, and that had ramifications for others who had the same flawed series of events happen to them.

Not sure how common this is across PA. This could be a wide spread practice or a very narrow instance. Regardless, the law is the law. If the law was applied in a incorrect fashion, those who's cases were handled in such a manner require redress.

In the grand scheme of things this has little to do with gun rights. Well ok, it does, but it also has to do with many other things most of us take for granted in life. A lot of everyday activities and some that are licensed or require a clean record are also affected, gun rights is one, employment in some areas is another.

All of rail against the unjust enforcement of gun laws when it happens. We say the same thing - the law is the law - know the law and apply it as specified. This is no different. The court identified a misapplication of the law, they corrected it - narrow as it is. In my mind this has to affect a very, very small population of people.

<span style="color: #006600"> Is your position a short term gain - or a long term loss?</span>
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post #23 of 32 (permalink) Old 10-30-2009, 04:43 PM
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Re: DUI Law changes / some might get gun rights back..

Quote:
Originally Posted by duckman76
I operate comercial vehicels for a living and what you guys are saying is that you would not have a problem if I got behind the wheel while hopped up on cold meds or perscription drugs? I would never put anyone in that type of sittuation nor would I go in the woods with a firearm while on any type of medication. If someone is a habitual offender then they obviously have no respect for anyone's safety and I do not want to be in the woods with them.
Your drivers license...absolutely....youre right to own a firearm...thats ridiculous...one has nothing to do with the other.
One is a right...the other is a regulated privilege.
So if you have DUI's you shouldnt be able to vote as well?
Should you lose your right to free speech?

(Sorry BT I am kinda staying on topic....it just irks me when people are willing to give up a constitutional right because of abuse of a privilege)

Putting Resource First
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post #24 of 32 (permalink) Old 10-30-2009, 04:45 PM
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Re: DUI Law changes / some might get gun rights back..

Quote:
&gt;AND PRONE TO UNLAWFULLY WIELDING A GUN.

I would say someone prone to driving drunk is just as big of a threat to other members of society as someone prone to wielding a gun. A 5000 pound object traveling at 88 fps has alot more energy than any firearm you have ever shot.

Driving is not a requirement to drinking or getting drunk. With a little bit of planning you never have to drive drunk to drink.

People prone to drunk driving have SERIOUS judgement issues.
They are just as big a threat operating a vechicle or a firearm.

WV Gino

I won't argue the point of driving impaired being a serious act, and a punishable offense at that, but irresposibility with a bootle of booze doesn't mean the same person will be irresposible with their firearm on their Saturday Smallgame Hunt. Me, and many of my cronies have had our share of run-ins with "the bottle". None of which made us unsafe hunting partners when together in the field.

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post #25 of 32 (permalink) Old 10-30-2009, 05:06 PM
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Re: DUI Law changes / some might get gun rights back..

Quote:
Originally Posted by Bluetick
Thread drift is way excessive here guys.
I'm done. Said all I have to say.

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post #26 of 32 (permalink) Old 10-30-2009, 05:13 PM
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Re: DUI Law changes / some might get gun rights back..

I seriously doubt anyone hear would condone DUI. Just as I know many on here at one time or another have driven when they should not have. The real problem is how unrelated offences are linked to gun confiscation. How many of you know, If you give your kid a Glass of wine, or a Bottle of beer at the Diner table. This is corruption of a Miner, and you could loose your rights to own a Gun.
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post #27 of 32 (permalink) Old 10-30-2009, 06:47 PM
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Re: DUI Law changes / some might get gun rights back..

Exactly. Most people believe you can only lose your gun rights for a violent felony committed while using a firearm. There are many situations/offenses that can jeopordize your civil rights. Many of these situations mean a lifetime disability with no way to remedy the situation. Where does it stop? When you support these infringements on your rights and others you weaken your own constitutionally endowed rights.

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post #28 of 32 (permalink) Old 10-31-2009, 07:10 PM Thread Starter
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Re: DUI Law changes / some might get gun rights back..

Here's some more info I posted on my site...

I HAVE A DUI PENDING

If you have plead guilty recently, but not been sentenced, or you have more than one DUI charge pending, or you caught a second or subsequent charge before you were sentenced or plead on the prior DUI you probably are entitled to some form of relief.

You might waive your rights if you don't act fast....


I HAVE ONLY DUI(s) PRIOR TO 2004

These changes only apply to how Courts have been handling the "NEW" DUI law which wasn't in effect before then, so these changes don't apply to you.


HOW MUCH TIME DO I HAVE

We are recommending people file the appropriate paperwork with the appropriate Court(s) with 60 days of October 23, 2009. There maybe some instances where more time could apply, and if we feel safer recommending a longer time frame we will, but as of this point to be certain you won't be denied relief for a time based reasons (ie a tardy petition) we are using this "safe harbor".


I DON"T HAVE TIME / MONEY TO DEAL WITH THIS RIGHT NOW

That won't protect you from the time limits to regrade your charges. We are recommending people file the appropriate paperwork with the appropriate Court(s) with 60 days of October 23, 2009. (see above)


CAN I GET MY GUN RIGHTS BACK

If your DUI conviction was an M1, and should have been an M2 or lower, then yes you should be able to get them back. If your rights were taken away under a different reason or for another charge, this may not apply to you. Only a criminal lawyer knowledgeable in gun rights issues can answer this for you.

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post #29 of 32 (permalink) Old 10-31-2009, 08:27 PM
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Re: DUI Law changes / some might get gun rights back..

DUI Article - I feel safer already!
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post #30 of 32 (permalink) Old 11-01-2009, 01:26 AM Thread Starter
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Re: DUI Law changes / some might get gun rights ba

Keep in mind this is not the law getting "easier" on DUI - it is the Supreme Court saying that the law as clearly written was not being followed...

So if you are a law and order type, you should be glad the court was not being a bunch of activist judges, but instead following the legislature's plain language...

If your upset with this ruling, you would have to be in favor of judicial activism..

Karl Rominger
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