Federal Court Restores Second Amendment Rights to Man Convicted of Repeat DUI

By Dean Weingarten

Opinion

Arizona -(Ammoland.com)- On 28 September, 2018, the U.S. District Court for the Middle District of Pennsylvania restored Second Amendment rights to Raymond Holloway, Jr.

Mr. Holloway had his Second Amendment rights removed after being convicted of driving under the influence (DUI) for a second time, in 2005. The first time was in 2002. Under Pennsylvania law, a second offence with a blood alcohol level above .16%, could be punished as a misdemeanor with up to five years in prison.

After serving his sentence as work-release for 90 days, and paying a fine of $1,500, Holloway has lead a virtuous life without further arrests or convictions.

Holloway attempted to purchase a firearm in 2015. He was denied because of the DUI conviction. People who have state misdemeanor convictions which can be punished with more than two years in jail, are prohibited posessors under federal law.

Holloway sued under the precedent of Binderup v. Sessions, from the Third Circuit, of which Pennsylvania is a part.

In Binderup, the Third Circuit found that minor, non-violent felonies were not sufficient to permanently remove a persons Second Amendment rights. The …Read the Rest

Source:: AmmoLand