Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second AmendmentAWR Hawkins 16 Nov 2023
Judge John Milton Younge handed down a decision Tuesday in which he found that the statute prohibiting gun possession after a DUI violates the Second Amendment.
The statute is 922(g)(1), and Younge reached this decision after weighing it in light of Bruen (2022).
The plaintiff in the case, Edward A. Williams, filed suit because he was being denied the ability to possess a gun because of a 2005 DUI conviction.
Williams was arrested for driving under the influence in April 2000 and again for his second DUI in 2001. Charges related to the second arrest were dismissed.
He was arrested again in 2004 with a blood alcohol content of 0.223, which is well over the legal limit of 0.08.
In 2005, Williams “was convicted of DUI at the highest rate of intoxication, which, based on his prior offense in 2000, is a first-degree misdemeanor punishable by up to five years in prison.” Judge Younge noted that the “conviction disqualified [Williams] from possessing a firearm under…922(g)(1).”
Younge pointed to Bruen and noted, “The Supreme Court has held that an individual’s conduct may fall outside of Second Amendment protection ‘
- nly if a firearm regulation is consistent with this Nation’s historical tradition.’”
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https://www.breitbart.com/2nd-amendment/2023/11/16/federal-judge-statute-barring-gun-possession-after-dui-conviction-violates-second-amendment/
