Pennsylvania Firearm Owners Association
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Thread: dui and buying

  1. #111
    Join Date
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    Default Re: dui and buying

    Quote Originally Posted by Lendog View Post
    your right and these other dangerous actions are also a choice of a driver so shouldn't their 2A rights also be removed, sent to safe driving classes and loss of license
    Those other acts are plain old stupidity, some people are just dense.
    If someone is in three accidents because they crashed while putting in their contacts, I'm pretty sure they will have a suspended license and probably have to go to driving school.
    Texting and driving is not due to a mind altering substance you choose to put into your body.

    People that choose to drink and drive know full well that they are a danger, it's not like in the 1940's where doctors told people smoking was good for them and they didn't know better.
    Everyone knows that drinking and driving can get you or someone else killed.
    Anyone can drive down the road somewhere and see those crosses and stuffed animals along the road.
    Only a mental midget would think that drinking and driving is a victimless crime.

    Alcohol alters your mind, repeat offenders of DUI are showing that they have no problem altering their minds and then going on to do other things that could harm their fellow citizen, this includes handling a firearm.

    While texting and driving is stupid and I think people should lose their license if they are in an accident while doing so, they are not altering their minds, they are just being stupid.


    As I said, adults should be allowed to make their own choices, and adults in society have chosen to treat repeat drunkards as the menace they are. Those drunkards have chosen to pick their booze over their fellow man, and their fellow man has decided through their elected representatives that these people should not be allowed to access firearms due to their choice to become drunk again and again.

    So yet once again, I'm all for giving someone the benefit of the doubt the first time they make a mistake (as long as nobody is killed or injured due to it) but after that, you have shown you are simply a weak willed individual that cares for your mind altering escape more than those around you.

  2. #112
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    Default Re: dui and buying

    Quote Originally Posted by 39flathead View Post

    While texting and driving is stupid and I think people should lose their license if they are in an accident while doing so, they are not altering their minds, they are just being stupid.
    oh so texting and driving is a victimless crime up until someone is in an accident?....last I heard there is also a law against it, so shouldn't these people also lose their 2A rights? in all reality someone who is either driving while impaired or just out in la la land texting is still operating a dangerous 1 ton weapon capable of killing people so the consequences should be the same across the board

  3. #113
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    Default Re: dui and buying

    Quote Originally Posted by Lendog View Post
    oh so texting and driving is a victimless crime up until someone is in an accident?....last I heard there is also a law against it, so shouldn't these people also lose their 2A rights? in all reality someone who is either driving while impaired or just out in la la land texting is still operating a dangerous 1 ton weapon capable of killing people so the consequences should be the same across the board
    One is due to altering your mind, the other is due to stupidity.

    Yes, there is a difference.

    Sometimes it's hard to get ones point across in written form, this seems to be the case here as you obviously didn't see where I said people that text and drive deserve to be punished.


    I drive for a living, I see it all every day.
    For over 16 years I used to cut people out of wreckage and cover up dead bodies.
    So yes, I have an ingrained hatred for selfish weak minded people that choose to drink to the point of effecting their ability to drive but then choose to do so anyway.
    I find it revolting that someone chooses their booze over the lives of others.
    People that choose to do this repeatedly have shown to society that they should not be trusted with dangerous items due to a flaw in their character and their disdain for their fellow man.

    My thoughts on this will never change, I will never excuse drunk driving, as other seem to do.

  4. #114
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    Default Re: dui and buying

    Quote Originally Posted by Deadpan View Post
    If your DUIs were in PA, you can go here, select common pleas courts, and search by participant name. Enter the required information and it should return your cases. Let us know what section of law you were convicted of (i.e. "75 § 3802 §§ C") and approximate dates. It will make it easier to give you an idea of whether or not you are actually prohibited from possessing firearms.
    1998 charges. I was 19 at the time.
    75 § 3731 §§ A1* M2 Driving Under The Influence Of Alcohol Waived for Court 1
    75 § 3731 §§ A4* M2 Dr W/Bl Alc Lev .10% Or Greater Waived for Court 1

    2006- Should have known better, however, went on a date with a girl after I caught my ex wife cheating on me. Wound up in jail. I think she won all the way around:-) At that point, may have had drinks 4 times a year. A couple around the holidays. Anyway, charges found guilty for.
    1 75 § 3802 §§ A1** M1 Guilty Plea
    06/29/2006 Confinement 90 days Min: 90 Day(s) Max: 90 Day(s)
    06/29/2006 IPP 5 years Max: 5 Year(s)

    I did find out that there was a case in 2013 that may have worked in my favor had I realized at that point I could appeal my sentencing.
    http://caselaw.findlaw.com/pa-superi...t/1637051.html

    I was denied for PICS in May and in September got a call from the Pa State Police investigator. So, I contacted an attorney or two. Paid one to make a call. Didn't seem to connect with trooper. Now 2 days ago I get a call from the trooper again, 4 months later, I contact my attorney. He tells me to remain silent.
    Anyway, my situation involved me being pulled over in my driveway after exiting the highway, 2nd offender at that point because I knew I had 2 12 ounce miller lites. The officer claimed he used trees or street signs to calculate my speed in excess of 55, which was bs because I always use cruise control to make sure I maintain the posted speed limits. I submitted to a breath test, but refused a blood test. Regardless, I was found guilty of a M1 for refusal.
    At this point, I guess I'm waiting for Pa State Police to charge me so that I can argue the illegal sentencing portion of my original conviction.
    I do not expect any sympathy. Pa is one of a handful of states that has an M1 that carries a max penalty of 5 years. However, when I applied for shotgun, I did not realize that was the situation because I only served 90 days in a halfway house.
    I know this is a pretty beat thread, but after exhausting my searches, I still haven't found legal representation that is fairly priced within my budget to help me and I don't understand enough about law in general to determine what is sound advice or incorrect advice.
    All I wanted to do was field trial and hunt test with my gsp. Now I feel like I have a noose around my neck and the commonwealth is taking me from a misdemeanant to a felon. Pretty whacked. If I wanted to illegally buy a weapon I would take a stroll into the closet city not walk into a store and attempt to buy legally through the system.
    Last edited by rywolf; January 15th, 2015 at 04:29 PM.

  5. #115
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    Default Re: dui and buying

    WoW... this is an OLD thread... but i read it from the beginning. I just have to say, had I been a member here during the time of the original discussion, I wouldn't have lasted very long...

    Now, i may be in the minority here, and i am not trying to re-ignite the debate, but why is a higher BAC an aggravating circumstance for a DUI charge?

    Driving a car under the influence is against the law because alcohol impairs your ability to react and make sound decisions, right? Decisions like getting behind the wheel, maybe?

    I do not advocate drunk driving, but i think the penalties increasing based on your BAC is a bit insane. Kudos to PA for having the ARD program, which i am sure has helped many folks who made a bad decision, but learned from it, recover without a lasting criminal record. Unfortunately for me, Georgia has no such program.

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