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http://www.goerie.com/apps/pbcs.dll/article?AID=/20100502/NEWS02/305019903/-1/news

Trooper's death sharpens awareness of gun laws

U.S. attorney says shooter shouldn't have had gun
By LISA THOMPSON
[email protected]

One of the many sad facts to emerge from the January killing of Trooper Paul G. Richey was this: The gunman, Michael J. Smith, a man with a history of mental-health problems and marital discord, used the same .30-30 rifle to kill Richey that he had used 13 years before to threaten other police officers and his wife in a violent display at a Venango County car dealership.

Nothing in state law at the time of Smith's first violent crime in 1997 barred him from again possessing a firearm.

But federal law should have kept that gun and any others out of Smith's hands by virtue of his conviction for a first-degree misdemeanor crime, federal prosecutors said.
 

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No law will work as intended unless it is enforced.
 

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this law is terrible. in PA if you get a second DUI(non violent) you can no longer legally own a firearm. i can understand violent offenses. not all 1st degree misdemeanors are violent offenses and warrant such a punishment. it's just another way to get firearms out of the hands of citizens. pretty soon you won't be allowed to have a gun if you get a traffic ticket.
 

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Well, look at it this way... getting behind a wheel and DUI, you have the potential to kill someone. To me, that could be very violent.

The first DUI, I can understand making a mistake, beit stupid, but a mistake none the less. If you do it a second time, there is no excuse, its not a mistake and should be punished more agressively. It was a total disregard for human life and property and you didnt learn anything from the first round of fines and AAR. Maybe taking away your hunting rifles or other firearms for 5-10 years may get your attention a little better. I dont think the issue has to do with gun control as you stated. I think it has more to do with responsibility and not having the ability to learn from your mistakes.

As soon as he threatened his wife and police officers 13 years ago, they should have confiscated his weapons and firearms and like John said above, enforce the laws that are on the books.
 

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flanuva said:
Well, look at it this way... getting behind a wheel and DUI, you have the potential to kill someone. To me, that could be very violent.

The first DUI, I can understand making a mistake, beit stupid, but a mistake none the less. If you do it a second time, there is no excuse, its not a mistake and should be punished more agressively. It was a total disregard for human life and property and you didnt learn anything from the first round of fines and AAR. Maybe taking away your hunting rifles or other firearms for 5-10 years may get your attention a little better. I dont think the issue has to do with gun control as you stated. I think it has more to do with responsibility and not having the ability to learn from your mistakes.

As soon as he threatened his wife and police officers 13 years ago, they should have confiscated his weapons and firearms and like John said above, enforce the laws that are on the books.
i learned that info because i got a dui last year and had to go through the alcohol highway safety course.
speeding is a total disregard for others and dangerous as well. should we take all speeders firearms? when you do these things you open a door to worse things. where do you draw the line? only when it approaches your door? by then it will be too late!
they take your firearms for dui but leave you with a car! amazing. in todays world law enforcement will charge you with a violent crime for threatening to do something(simple assault) an m2 or terroristic threats also an m2. where as 10-15 years ago they break it up and summary offenses were handed out. like it or not we live in a police state.
didn't it used to be only felons couldn't own a firearm?
if so, why was it changed?
 

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flanuva said:
Well, look at it this way... getting behind a wheel and DUI, you have the potential to kill someone. To me, that could be very violent.
punished for something you might do!!!
are you a police officer? you sure sound like one.
 

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As stated going 20 miles an hour over the speed limit could be violent also.
 

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First of all, I believe in and exercise my 2A rights everyday.

I am not going to get into an argument over the law. I was just making a comment about about what dennis h. said.

Should the guy involved in the OP's post been allowed to own a gun? No.

Using the 2A as a crutch to push views and to distort personal views is getting tiring. So often, people abuse and use the 2A to fall back on for their lack of common sense.

There is a big difference in speeding and DUI.
To answer dennis h's question, it doesnt matter if I am a LEO or not, it all comes down to common sense.

Punished for something you might do? DUI is an option, therefore, anyone arrested for DUI has already commited an act of putting life, property and personal well-being in jeapordy. Again, common sense. That being said, sentencing is usually based on PRIOR acts related to the current charge if applicable. If you were charged with SA 3 times before this charge of terroristic threats, dont you think there might be some means and history to carry out said threat?

Back on topic again, he shouldnt have had the chance after the episode 13 years ago.
 

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I'm pretty sure a DUI in PA is either a 3rd degree or an Ungraded misdemeanor. It takes 3 to lose your rights to own a firearm. I believe they make the case that you are a habitual drunkard. If I am wrong then its because its recently changed and if someone has better info, please post it.

As for the shooter and the main topic, this guy should have lost his rights to his firearms.

One thing is for certain. Hindsight is always 20/20. This type of stuff will continue even if we make more laws. I personally don't advocate any more laws.
 

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flanuva said:
First of all, I believe in and exercise my 2A rights everyday.

I am not going to get into an argument over the law. I was just making a comment about about what dennis h. said.

Should the guy involved in the OP's post been allowed to own a gun? No.

Using the 2A as a crutch to push views and to distort personal views is getting tiring. So often, people abuse and use the 2A to fall back on for their lack of common sense.

There is a big difference in speeding and DUI.
To answer dennis h's question, it doesnt matter if I am a LEO or not, it all comes down to common sense.

Punished for something you might do? DUI is an option, therefore, anyone arrested for DUI has already commited an act of putting life, property and personal well-being in jeapordy. Again, common sense. That being said, sentencing is usually based on PRIOR acts related to the current charge if applicable. If you were charged with SA 3 times before this charge of terroristic threats, dont you think there might be some means and history to carry out said threat?

Back on topic again, he shouldnt have had the chance after the episode 13 years ago.
i agree the man should not have a firearm. i thought this post was about the law not that particular man. the law needs work. everything you said about dui can be said of speeding and many other things.
in todays society it is far too easy to end up with a m1 charge. it's not like it used to be. i am not defending dui offenders. it is a senseless crime. i am guilty of it and have learned my lesson. i haven't had a drink since i got my dui. but i will fight for my 2a and everybody elses. because if a few lose their rights today, you and i may be next. i don't use the 2a as a crutch to push my agenda. the way i see it government and law enforcement use peoples fear to take away my rights. and distort current laws on the books to take away our rights.
 

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i just want to make one comment regarding the dui situation. i can see strict punishment for a second dui, however they have made legal limits so low that just 2 beers could put a light person over the legal limit.

having 2-3 beers after work and blowing a .09 dosen't warrant the loss of ones right to own a firearm.
 
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