NEWSROOM Third Circuit: a nonviolent DUI conviction alone isn't enough to disarm under federal law

[CAguns-News]

Federal law already bars gun possession by anyone convicted of a crime punishable by more than a year. On Oct 13 the Third Circuit, en banc, said that bar can't reach a nonviolent DUI conviction but still reaches violent threats. California follows the Ninth Circuit, so nothing changes here yet.

Read the full article on CA2A.com

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What does this change mean for California firearm owners? Discuss below.

CA2A Newsroom · AI-generated editorial illustration. Educational information, not legal advice.

 

[CadeH]

It feels like every year California passes new laws that expand what misdemeanors result in 5-10 year gun bans, and they're nearly always nonviolent offenses. 9th won't overturn them but precedent in other courts doesn't hurt us.

 

[Shellbackitup]

Interesting read.

Multiple DUI's should absolutely affect/disqualify your ability to be licensed to drive. But having a non-violent and non-gun related offense affect your right to bear arms, does indeed seem a stretch.
The other case was regarding a carjacking where the felon threatened to kill the driver. His rights were not restored.

 

[Shellbackitup]

It feels like every year California passes new laws that expand what misdemeanors result in 5-10 year gun bans, and they're nearly always nonviolent offenses. 9th won't overturn them but precedent in other courts doesn't hurt us.

100% agree. While it doesn't affect the 9th or CA laws, the precedent could prove useful if a case from CA/9th is appealed all the way up.

 

[Skilly]

maybe not disarm, but it certainly impacts your CCW access.

 

[dvoncock]

Having handled hundreds of DUI cases, I’m kind of on the fence about this (emotionally speaking).

Constitutionally speaking, stripping someone of their 2A rights for a misdemeanor DUI is questionable for sure.

But the reality is that anyone who drives a 0.08% or more BAC has demonstrated monumentally poor judgement because even a 0.08% is really, Really, REALLY drunk.

I shudder thinking about people stupid enough to get popped for DUI with a 0.16% or 0.24% BAC (terrifying common, BTW) having firearms