Many people convicted of criminal offenses lose their right to own firearms. While all criminal charges are a cause for concern, only convictions for serious crimes will result in the loss of the right to own a weapon, but what constitutes a serious crime is not always clear. Recently, a federal court sitting in Pennsylvania set forth an opinion addressing the issue of whether a misdemeanor DUI crime constitutes a serious crime for purposes of disarmament, ultimately ruling that it does. While the Pennsylvania ruling does not impact people in Illinois, it may illustrate how the law may be interpreted in the state in the future. If you are an Illinois resident currently charged with driving while intoxicated, it is prudent to speak with a knowledgeable Illinois DUI attorney regarding your case.
The Pennsylvania Case
It is reported that in 2002, the defendant was arrested for suspicion of DUI. A subsequent blood test determined his blood alcohol content (BAC) to be .192% at the time of the offense. He was charged with and convicted of DUI at the highest blood alcohol content, which is a misdemeanor crime. In 2016, the defendant attempted to purchase a firearm, but his efforts were denied due to his prior DUI conviction. The defendant then sued the Attorney General of the United States, arguing that the federal disarmament statute was unconstitutional as applied to him. The trial court found in favor of the Attorney General and the defendant appealed.
The court ultimately ruled that although the underlying crime was labeled a misdemeanor, it constituted a serious offense and the defendant’s loss of gun rights was proper. Specifically, the court explained that any crime that presents a possibility of the risk or danger of harm to oneself or others constitutes a serious offense.