DUIs prohibiting?

[eagleclaw]

I'm not aware of any legal status that allows "Keep the guns you already have, but you can't buy more." You're either prohibited, or your not.

He's wise to try to figure things out rather than doing a "test run", but if an attorney finds info that isn't positive, the next step needs to be getting advice on how to legally dispose of what he has ASAP, before he has a much bigger legal problem to deal with.

You are wrong according to the crimes code; three DUIs in a 5 year period, the drunk can keep his guns but can buy anymore.

6105c Persons not to possess, use, manufacture, control, sell or transfer firearms.

3) A person who has been convicted of driving under the influence of alcohol or controlled substance 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 separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.

https://www.legis.state.pa.us/cfdocs...tn=5&subsctn=0

[Marcus99]

As others stated, contact a lawyer. There is no way for us to know the grading of his DUI's(they're not all the same), and frankly I'm not sure that I would trust his recollection of the time periods involved without seeing a rap sheet.

[ScotsGuards]

All the confusing opinions, legal and otherwise, are the reason he brought this up with me as an FFL. He's been trying to get a definitive answer from his attorney but the guy is unavailable at the moment. Hence my referral of my friend to Gunlawyer.

[abner13]

More than staggering distance. ROFLMAO

Better have been one damn good hoagie!

[knight0334]

I'm not aware of any legal status that allows "Keep the guns you already have, but you can't buy more." You're either prohibited, or your not.

He's wise to try to figure things out rather than doing a "test run", but if an attorney finds info that isn't positive, the next step needs to be getting advice on how to legally dispose of what he has ASAP, before he has a much bigger legal problem to deal with.

Title 18, Chapter 61, Subchapter 6105 does that with DUI's.

(c) Other persons.—In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(3) A person who has been convicted of driving under the influence of alcohol or controlled substance 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 separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.


3 DUI in 5 years prohibits you from purchasing, but doesn't prohibit possession unless one or some other conviction was otherwise prohibiting.

[knight0334]

DUI laws have changed a few times over the decades. Depends on when he got them, the specific DUI law, and the specific grading for that time period.


I know they changed around 2004, and sometime in last 10 year. I think there was another change in law prior to the 2004 change.


I had an uncle who was prohibited from a 1970's DUI. Couldn't own guns, and was life-prohibited from getting a drivers license. ..Cant remember what the details were.

[bug]

How far away was the deli?

Doesn't matter MUI is a prohibiting felony...

[Rosco the Iroc]

Details: He's had 4 DUIs.
Thanks

Yep that would do it.

Sad it took him so long to get he had a problem but that time he really dug himself in deep. I assume he was sentenced even with suspended time over a year.

The number of counts of DUI would count as a yes for 21e

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized
for medicinal or recreational purposes in the state where you reside"

Bold mine, but booze counts.
If he came to me and told me this stuff upfront I would not do the sale and refer him to GL.

[gnbrotz]

The medical pot card is apparently the status where you can own guns and not be able to buy new ones.

How so? The ATF has clearly stated that having a medical MJ card is, in their opinion, enough "proof" to make someone prohibited from possession, not just transfers. There may not be a mechanism to track card issuance and proactively go and take the guns away, but there is absolutely no question that those folks are not in legal possession, based on the clear standard set forth.

You are wrong according to the crimes code; three DUIs in a 5 year period, the drunk can keep his guns but can buy anymore.


https://www.legis.state.pa.us/cfdocs...tn=5&subsctn=0

Title 18, Chapter 61, Subchapter 6105 does that with DUI's.

(c) Other persons.*In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(3) A person who has been convicted of driving under the influence of alcohol or controlled substance 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 separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.


3 DUI in 5 years prohibits you from purchasing, but doesn't prohibit possession unless one or some other conviction was otherwise prohibiting.

Thank you both for that clarification.

I will note that based on the chart shown in post #2, two out of three possibilities (based on BAC) that come into play on a third conviction (and one on the second conviction) would trigger a federal prohibition standing alone, based on the max length of the possible sentence, which leaves a very small window to take advantage of the noted shelter from the usual prohibition.

[Walleye Hunter]

Better have been one damn good hoagie!

When you're knock-down drunk, they're all good!