PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
Court Decision: DUI's in PA could take away second amendment rights :: 01/27/2020
PLAINS TWP., LUZERNE COUNTY (WOLF) — If you get more than one DUI in Pennsylvania, that could result in not being able buy and own firearms at all.
Many gun owners we spoke with do not think DUI convictions should take away your second amendment rights. However, a recent U.S. Court of appeals decision is raising some questions.
"I don't think you should be able to not buy guns just because of a DUI," said Zavier Rosario of Hazleton.
The U.S. Court of Appeals ruling last Friday that Raymond Holloway Jr. from Montgomery County cannot purchase firearms, following a DUI conviction in 2005 which is being called a serious crime.
Holloway tried to purchase a firearm in 2016, and was denied, prompting him to file a lawsuit, claiming his second amendment rights were violated.
"It's not fair, there's people out there that have four or five DUI's and they're really responsible with guns," said Rosario.
Gun owner Zavier Rosario lost one of his guns after one DUI.
"They suspended my license and they took my gun away for a year, so I'm getting it back next month," said Rosario.
One of the Cabin's owners John Mitchell says anyone who wishes to buy a gun has to fill out federal and state forms, before their license information is submitted to a State Police website for review.
"From our point of view, the seller or the shop here, we really don't know why they are denied or delayed, it's simply factual we are not given that information at any point," said Mitchell.
Leah Naylor is still questioning whether someone should have the right the bear arms after a conviction, like Holloway's that happened more than 10 years ago.
"If you can't trust someone to follow the laws on the road, then why should you trust them to follow gun safety," said Leah Naylor of Wilkes-Barre.
Under Federal law, a serious crime can carry a state prison sentencing of two plus years.
https://fox56.com/news/local/court-ruling-duis-in-pa-could-take-away-second-amendment-rights
