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Can't own a gun if you've had a DUI?

Posted by Steven H. Fagan | Oct 10, 2013 | 0 Comments

That's the proposal under consideration in California under Senate Bill 755 according to Los Angeles DUI attorney Jeff Voll, a fellow member of the National College for DUI Defense and National Association of Criminal Defense Lawyers. And apparently, the bill has passed out of committee.

Simply put, the bill seeks to prohibit gun ownership for anyone who has ever been arrested for a DUI, anywhere. What possible lawful justification there can be for this infringement on a Constitutional right assured by the Second Amendment is a mystery, and there are sure to be legal challenges in the future.

Illinois' own brand new Concealed Carry law bars a permit to anyone that is an alcoholic, and we've argued before that there may be statutory language already existing which the State of Illinois might use to interpret that as anyone who has been found guilty of two or more DUI charges regardless of any clinical determination, and regardless of whether the DUI charges were based on alcohol or prescription medication.

These provisions are essentially 'gotcha' laws and are based on fear, not logic. We expect to see legal challenges in State and Federal Courts in Illinois, California and other states that take this approach.

About the Author

Steven H. Fagan

Steve Fagan earned his law degree from Chicago-Kent College of Law, is a member of the NCDD, NACDL, ISBA and a founding member of the DUIDLA. He is published and has taught CLE for lawyers on subjects such as sex offenses, DUI and criminal defense, focuses on trial work and Real Estate closings


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