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General Category => National/Breaking News => Second Amendment => Topic started by: mystery-ak on November 16, 2023, 11:59:01 pm

Title: Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment
Post by: mystery-ak on November 16, 2023, 11:59:01 pm

Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment

AWR 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.’”

more
https://www.breitbart.com/2nd-amendment/2023/11/16/federal-judge-statute-barring-gun-possession-after-dui-conviction-violates-second-amendment/

Title: Re: Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment
Post by: DefiantMassRINO on November 17, 2023, 12:36:55 am

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How many peeps accidently shoot themselves while drunk?  What's the worst that could happen?

Title: Re: Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment
Post by: LMAO on November 17, 2023, 01:01:17 am

Good

Title: Re: Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment
Post by: Smokin Joe on November 17, 2023, 04:07:09 am

I'm with the judge. Having a gun may or may not be a problem with someone who has a history of DUI, and though that reveals bad judgement when it comes to driving and being under the influence simultaneously, that does not necessarily translate to someone being a danger with a firearm.

Title: Re: Federal Judge: Statute Barring Gun Possession After DUI Conviction Violates Second Amendment
Post by: Free Vulcan on November 17, 2023, 05:35:25 am

This is an excellent decision. It would be like someone jaywalking, and being told they can never own a bicycle again. No logical connection.