Third Circuit Court rules DUI convictions do not strip gun rights

The United States Court of Appeals for the Third Circuit has ruled that multiple drunk driving convictions are insufficient to strip an individual of their firearm rights under federal law. The court upheld a district court decision to dismiss charges against Edward Williams, who possessed firearms despite having two DUI convictions, one of which carried a potential maximum penalty of five years in prison.

Under 18 USC 922(g)(1), part of the Gun Control Act of 1968, individuals convicted of crimes punishable by more than one year in prison are prohibited from possessing firearms. In the ruling, Circuit Judge Paul Matey criticized the Justice Department’s attempt to apply the statute broadly to all crimes punishable by more than a year of imprisonment.

The court also noted that while the Justice Department has initiated a program through the pardon attorney to restore firearm rights, the judiciary maintains the authority to intervene in such matters. The Supreme Court previously declined to hear a related challenge regarding the same provision.