Non-Violent Offender's
Gun Rights Restored
By Stephen Gutowski. October 4th, 2018
A federal judge restored the rights of a Pennsylvania man on Friday after determining that his misdemeanor driving under the influence convictions were not serious enough to justify a lifelong restriction on his Second Amendment rights.
Chief Judge Christopher Conner of the United States District Court for the Middle District of Pennsylvania ruled that Raymond Holloway's second misdemeanor DUI conviction in 2005 was not a serious enough crime to result in a lifetime abridgment of one of his constitutional rights. Connor applied the standard set in the landmark case Binderup v. the U.S. Attorney General where the Third Circuit Court of Appeals found those convicted of certain nonviolent offenses can't be barred from owning firearms for the rest of their lives.
He said the government had failed to show that Holloway's misdemeanor DUI convictions meant he should be disarmed for life.
....... 
Innate rights cannot be taken away, but they can often be put 'on hold' or diminished when it comes to punishment for law breaking. The debate over whether rights should or should not be returned to normal after a punishment has long continued, in particular as to whether there is a felony or a misdemeanor and whether violence is or is not involved. There are too many cases where a misdemeanor is used to deprive gun rights but this case usefully shows a sensible judgement and should set a precedent.
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