Click here HuntingPA.com
Outdoor Community

Hunting Laws and Regulations Forum



Page 3 of 4 < 1 2 3 4 >
Topic Options
#1411660 - Fri Oct 30 2009 12:13 PM Re: DUI Law changes / some might get gun rights ba [Re: Glenn D]
hunt/fish365 Offline
Honored

Registered: Fri Nov 14 2008
Posts: 6212
Loc: Turbotville
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.
_________________________
Venison - The other fast food

Top
#1411720 - Fri Oct 30 2009 12:36 PM Re: DUI Law changes / some might get gun rights ba [Re: hunt/fish365]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23971
Loc: Franklin County
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 The penalty at hand was repealed, and that had ramifications for others who had the same flawed series of events happen to them.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.
_________________________
Is your position a short term gain - or a long term loss?

Top
#1411739 - Fri Oct 30 2009 12:43 PM Re: DUI Law changes / some might get gun rights back.. [Re: duckman76]
Lifes2Fun Offline
The man

Registered: Sun Jul 09 2006
Posts: 8454
Loc: York, and Tioga
 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

Top
#1411749 - Fri Oct 30 2009 12:45 PM Re: DUI Law changes / some might get gun rights back.. [Re: WV Gino Home]
Fleroo Offline
The man

Registered: Thu Jan 16 2003
Posts: 11790
Loc: 2A-Wash. Co.
 Quote:
>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. \:\/
_________________________
2A-Wash. Co.

Top
#1411806 - Fri Oct 30 2009 01:06 PM Re: DUI Law changes / some might get gun rights back.. [Re: Bluetick]
hunt/fish365 Offline
Honored

Registered: Fri Nov 14 2008
Posts: 6212
Loc: Turbotville
 Originally Posted By: Bluetick
Thread drift is way excessive here guys.


I'm done. Said all I have to say.
_________________________
Venison - The other fast food

Top
#1411823 - Fri Oct 30 2009 01:13 PM Re: DUI Law changes / some might get gun rights back.. [Re: hunt/fish365]
hornady Offline
old hand

Registered: Thu May 28 2009
Posts: 701
Loc: pa, westmoreland
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.

Top
#1412050 - Fri Oct 30 2009 02:47 PM Re: DUI Law changes / some might get gun rights back.. [Re: hornady]
Brittowner Offline
enthusiast

Registered: Tue Feb 24 2004
Posts: 647
Loc: New Bloomfield, PA
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.
_________________________
Do your Sportin in Wharton, Potter County, PA
2G,4B,5A

Top
#1413766 - Sat Oct 31 2009 03:10 PM Re: DUI Law changes / some might get gun rights back.. [Re: karl_rominger]
karl_rominger Offline
On the board

Registered: Fri Jan 30 2009
Posts: 275
Loc: Carlisle, PA
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.
_________________________
Karl Rominger
Facebook me!

Top
#1413854 - Sat Oct 31 2009 04:27 PM Re: DUI Law changes / some might get gun rights back.. [Re: karl_rominger]
Bluemarsher1 Offline
enthusiast

Registered: Sun Feb 09 2003
Posts: 640
Loc: SE PA

Top
#1414236 - Sat Oct 31 2009 09:26 PM Re: DUI Law changes / some might get gun rights ba [Re: Bluemarsher1]
karl_rominger Offline
On the board

Registered: Fri Jan 30 2009
Posts: 275
Loc: Carlisle, PA
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..


Edited by karl_rominger (Sat Oct 31 2009 09:30 PM)
_________________________
Karl Rominger
Facebook me!

Top
Page 3 of 4 < 1 2 3 4 >


Moderator:  BCozhunter, corey22, DIYASUB, Samuel 
Google Ads
HuntingPA Sponsors
60X Custom Strings
ADT Security
Arrowhead
Boondock Outdoors
FoxPro
Growing Up With Guns
Hilltop Seeds
Hunting GPS Maps
Huntworth Gear
James Creek Outfitters
Knob Mountain Kennel
Lancaster Archery
Lowes Whitetail Scents
Martz Gap Hunting Preserve
Midwest Turkey Call Supply
Magees Optics
Mt. Hope Game Preserve
Night Eyes Predator Lights
No Limits Outdoors
On-Point Outfitters
Outdoorsman's Insight Magazine
Pheasants Forever
Premier Hunting Adventures
Randy Kuntz's Taxidermy
Realtree
Stony Gun & Archery
TrailCamPro
Two Bear Outfitters
Ultimate Camo
Who's Online
338 registered (1 Happy Hunter, 10der222, 123britt321, 1oldman, (+)Squeeze86, 35 invisible), 819 Guests and 14 Spiders online.
Key: Admin, Global Mod, Mod
Google Ads
Newest Members
wincester-only, 16inpotter, ahitz3, Paramedic90, Chesco stuffer
33475 Registered Users
Recent Posts
Trespassors Beware
by R.W.J
51 seconds ago
Becoming a "Field Staffer"
by fallair
1 minute 3 seconds ago
Ohio Wayne National Forest Buck
by dpms
2 minutes 12 seconds ago
So where are we supposed to post for boondock??
by Samuel
5 minutes 41 seconds ago
Pheasant season today
by basdjs
9 minutes 44 seconds ago
Joint care supplements
by 25-OTT6
12 minutes 3 seconds ago
what optics are best value on budget?
by Strut10
12 minutes 10 seconds ago
New Topics
Joint care supplements
by Flifisher
Pheasant season today
by bad primer
REWARD - Lost Shotgun in Marienville
by esspaniel
07:05 PM
REWARD - Lost Shotgun in Marienville
by esspaniel
07:04 PM
black river
by buckinnuts
06:43 PM
WTB: Mauser 98 or GEW 98 Complete Action
by egreis
06:35 PM
Looking for 257 Rob brass
by DGD308
06:29 PM
Top Posters
great white hunter 35351
RonM 30342
RB-HPA 27907
Bluetick 23971
DennyF 22926
TATERDAVID 22695
SigPro2340 21480
Peppy 20876
DIYASUB 20513
timberdoodle 19279
Forum Stats
33475 Members
97 Forums
111725 Topics
1412471 Posts

Max Online: 1814 @ Wed Oct 22 2014 09:30 PM