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Thread: dui and buying

  1. #21
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    Default Re: dui and buying

    Quote Originally Posted by PisnNapalm View Post
    That seems to be a reasonable compromise. Say something like a M1 DUI will disqualify you for 5 years. If you've had no other problems with the law during that time your rights could be restored.

    You're correct to a point. As an example, if someone has a M1 DUI from 15 years ago, but has been a responsible person since then they ought to be able to enjoy firearms ownership.

    On the other side of this is a felon who has committed violent crimes. Even if they have "paid their debt to society" with jail time, do we then welcome them back to gun ownership? Where does the line get drawn?

    Gun ownership means you're taking on a great responsibility. People who prove they are grossly irresponsible should not have firearms.


    I don't know where the line is drawn....I just think it's rediculous that nobody ever talks about taking someones first, forth, fifth or any other rights away......


    Just their second.

  2. #22
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    Default Re: dui and buying

    Well... If someone is irresponsible with the 1st amendment, about the worst they will face is a civil lible/slander lawsuit.

    If a felon is out on parole, then he and his home can be searched at anytime so I guess that his 4th amendment rights are taken away. But... Part of the agreement for being out on parole is to submit to random drug testing, searches, etc...

    As for the 5th amendment...? How is that one taken away?

    Now for the 2nd amendment... Irresponsibility and the 2nd do not mix. Would you hand a gun to someone who is likely to misuse it? Neither would I.

    ________________________________________

    To get back on topic a bit. Mauser98 has admitted to 2 DUI's. I wonder how many other times he drove while intoxicated and wasn't caught?

    My brother is an alcoholic. He is a disqualified person for gun ownership. He's been on parole twice that I know of. I do not want my brother to own guns. If he slips and gets drunk... well then damn... look out. He isn't a happy drunk. He may kill himself or someone else.
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  3. #23
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    Default Re: dui and buying

    Quote Originally Posted by PisnNapalm View Post
    Well... If someone is irresponsible with the 1st amendment, about the worst they will face is a civil lible/slander lawsuit.

    If a felon is out on parole, then he and his home can be searched at anytime so I guess that his 4th amendment rights are taken away. But... Part of the agreement for being out on parole is to submit to random drug testing, searches, etc...

    As for the 5th amendment...? How is that one taken away?

    Now for the 2nd amendment... Irresponsibility and the 2nd do not mix. Would you hand a gun to someone who is likely to misuse it? Neither would I.
    Not our place to decide who is likely to misuse it. But anyway I wouldn't take anyones away. If you're free to speak you should be free to be armed. The RIGHT to keep and bear arms shal not be infringed................unless you have a M1..........or...well this could take a while.....let me get the list.

  4. #24
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    Default Re: dui and buying

    I don't want to disagree with any one butI just looked over the Application/Record of Sale (SP 4-113 date 8-2007)Here is what it says about this subject:

    Question #32: Are you now charged with, or have you ever been convicted of a crime punishable by imprisonment for a term exceeding one year? This is the maximum sentance that you could have received, NOT the actual sentance you did receive. (this does not include federal or state offenses pertaining to antitrust, unfair trade practices, restraints of trade...or state offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years) (Read information on back prior to answering.

    On the back of the form it addresses Section 6105(a)(b)(c) and in Section 6105(c) it states:
    ARE YOU A PERSON WHO:
    #3. has been convicted of driving under the influence of alcohol or controlled susbstance as provided in 75 Pa.C.S.3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S.3731, on three or more seperate occasions within a five year period. For the purposes of this paragraph only, the prohibition of Section 6105(a) shall only apply to transfers or purchases of firearms after the third conviction.


    Unless I am reading it completely wrong, this seems to me that you may not qualify for a LTCF (because of the Sheriff's ability to deny for whatever HE considers just), but it appears that it will not disqualify you to buy a gun. I read it that being convicted of a DUI for the third time within a five year period will disqualify you from buying..

    Now that all said, the feds say any crime in which the judge could imprison you for more than one year (even if you received less) and they also say (in Important Notice #4: this does not include State misdemeanors punishable by imprisonment of two years or less).

    So it looks like the Feds and the State say the same thing.
    Last edited by Xringshooter; May 18th, 2008 at 07:50 PM.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  5. #25
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    Default Re: dui and buying

    Quote Originally Posted by p-11 shooter View Post
    Not our place to decide who is likely to misuse it. But anyway I wouldn't take anyones away. If you're free to speak you should be free to be armed. The RIGHT to keep and bear arms shal not be infringed................unless you have a M1..........or...well this could take a while.....let me get the list.
    So, Manson is ok to own guns when released?

  6. #26
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    Default Re: dui and buying

    Quote Originally Posted by fingers80002 View Post
    So, Manson is ok to own guns when released?
    Charlie, what a piece of work. Short answer, no.

    Long answer, he should never have been released from jail to commit the Tate/ Bianca murders. But then I don't think he was even there when it happened. He had people do it for him. I'd have given him the death penalty. But that gives the bleeding hearts a hissy fit. So life without any chance of parole. He didn't even get that and blows any chance of parole just by showing up and being Charlie.

    If he showed up to the parole hearing, said he was sorry and he would never do it again. Then I believe CA would let him out.

  7. #27
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    Default Re: dui and buying

    Quote Originally Posted by p-11 shooter View Post
    .


    I don't think almost anyone sould lose their rights.....even felons
    Hmmm. So, if I understand you correctly, the felon who pointed a sawed-off shotgun at my partner's head, as well as mine, several years ago should be allowed to legally buy another one when he gets out? That problem required the rapid application of 3 .40 S&W hydra-shok rounds.

    But perhaps society should let him re-arm, perhaps with something more to his liking, so that he can go hunting for someone less prepared than we were.

    Some people, who through their own conduct have shown a blatant disregard for the rule of law, have no business possessing firearms. You may not like it, but there it is.

  8. #28
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    Default Re: dui and buying

    I'm coming from the point of someone who dosn't get shotty's pointed at them on a regular basis. So forgive me.


    But not everyone convicted of a felony is violent. Just hope they never find out about my felony tax evasion.

  9. #29
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    Default Re: dui and buying

    Quote Originally Posted by Xringshooter View Post
    Unless I am reading it completely wrong, this seems to me that you may not qualify for a LTCF (because of the Sheriff's ability to deny for whatever HE considers just), but it appears that it will not disqualify you to buy a gun. I read it that being convicted of a DUI for the third time within a five year period will disqualify you from buying..

    You aren't reading it wrong, but you have to understand that being convicted of a second DUI when your BAC is higher than .16 could be prohibiting also since you could be charged with a first degree misdemeanor. For further explanation, you need to read section 3802 of the PA Vehicle Code.

  10. #30
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    Default Re: dui and buying

    as i see it i don't feel sorry for anyone losing any rights that have broken the law. they had no regards when they broke the law what will stop them again.

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