Expert: Dan Haynes - 2/8/2010

Question
DUI THIRD vs. 2ND AMENDMENT GUN RIGHT:

A VICTIMLESS FELONY & VOID OF INJURED PARTY
Current law Eternally Removes the “Right to keep and bear arms” based on a drinking and driving record of 3 DUI convictions when the Crime is victimless & Void of any injured party. (Cannot be restored)

INDIVIDUAL STATE LAWS
The states impose the felony laws for DUI 2nd, 3rd, 4th, or even 5th offenses (Depending on state) however, it is the Federal Law of Title 18 922 that eternally cements and debars the individuals right to possess a firearm regardless if the firearm is for hunting, self-defense or for personal protection. (The states have allowed the federal government to enslave the people for non-violent offenses)

"No free man shall ever be debarred the use of arms."  - Thomas Jefferson

THE TRUTH
Regardless the number of DUI convictions, driving under the influence of alcohol has absolutely NO relationship with the 2nd amendment “Right” of the people to keep and bear arms.

The states “Including Michigan” contend that a person’s driving record of 3 DUI convictions poses a serious risk to society and should establish a “Felony” on there record that by federal nexus of Title 18 922 inherently & eternally removes the citizens “Right” to keep and bear arms for as long as that person shall live upon the face of this earth.

Shouldn’t the states by nexus of the federal government first eternally remove the drivers “Privilege” (A Non Protected Right) of operating a motor vehicle prior to eternally removing a “Protected Right” of the people to posses a firearm?
(Which removal would tend to actually save lives?)

Currently the states reinstate the citizens “Privilege” to operate a motor vehicle, yet federal Title 18 922 (Felony Laws) eternally & forever debars the citizens “RIGHT” from ever possessing a firearm for THE EXACT SAME DRINKING & DRIVING OFFENSE of DUI 3rd CONVICTIONS: DOES THIS MAKE SENSE?


Drunk drivers “KILL” thousands of motorists each year: Debarring the drunk drivers second amendment” Right” to keep and bear arms has not saved even one motorist or life, ever!

In Fact, Debarring the persons “Privilege” to ever operate a motor vehicle WOULD SAVE countless lives and WOULD NOT infringe upon the Constitutionally belief of a protected “Right” of the people to keep and bear arms!

THE ROOT AND PROBLEM vs. PRIVILEGE AND RIGHT:

The state “Privilege” of operating a motor vehicle is a mere “Privilege,” “and is NOT A RIGHT”: For DUI 3rd convictions the” Privilege” of driving has a state time frame provision for “Absolute & Full Reinstatement” to operate a motor vehicle on public roads. (Usually 5 years)

The “Right” to Keep and Bear Arms, “IS A CONSTITUTIONAL RIGHT” and “is NOT just simply a mere Privilege”:
For DUI 3rd convictions this “RIGHT” to keep and bear arms is eternally and forever debarred void of time frame provision for reinstatement based on the nexus of federal law Title 18 922. (THE STATES NEED TO ALLOW TIME FRAME REINSTATEMENT OF A RIGHT FOR DUI 3RD OFFENSES BY EXPUNGING THE STATE FELONY)

Regardless of one’s personal & moral stand on drinking and driving, there should be a positive reinstatement provision for constitutional “Rights” of the people to keep and bear arms THE SAME as there is a TIME FRAME provision for reinstatement of a mere “Privilege for the EXACT SAME drinking & driving offense of DUI 3rd convictions especially when there is no injured party INVOLVED.

THE OPERATORS STATE “PRIVILEGE” TO OPERATE A MOTOR VEHICLE IS TIME FRAME REINSTATED: THE DRIVERS RIGHT TO POSESS A FIREARM SHOULD ALSO HAVE THIS EXACT SAME TIME FRAME FOR REINSTATMENT OF THEIR RIGHT, BASED ON THE EXACT SAME OFFENSE.

PLEASE CONTACT YOUR NRA, GOA, SENATORS AND REPRESENTATIVES FOR TIME FRAME REINSTATEMENT


We are aware that federal law (Title 18 922) prevents Michigan DUI 3rd time offenders from ever owning a firearm even for safety purpose within their own homes after a DUI 3rd state conviction.

Michigan needs to enact a Law with “Time Frame Provision” for reinstatement that would expunge the state felony of DUI 3rd which would reinstate their state "2nd amendment right", the same as the state currently reinstates the “privilege” to operate a motor vehicle after DUI 3rd for the EXACT SAME OFFENSE!

WE DON’T NEED TO MODIFY THE FEDERAL LAW OF TITLE 18:
WE NEED TO ENACT A LAW THAT WOULD ALLOW A “TIME FRAME PROVISION” THAT WOULD EXPUNGE THE FELONY PROVIDED THERE WAS NO INJURED PARTY.

Michigan adopted the DUI 3rd as a felony and Michigan can also expunge the felony by adding a time frame provision for reinstatement (5 years) just as they have provided a time frame provision for the driver to operate a motor vehicle on public roads. (Again, for the exact same offense)

It makes no logical sense for the state to reinstate the drivers “privilege” to operate a vehicle on public roads yet deny the same person their 2nd amendment right for the EXACT same offense void of a time frame provision for reinstatement and expunge the state felony.

DOES THIS MAKE SENSE TO YOU? (THIS IS WHY WE NEED YOU)

Answer
Michael,

I am not a state lawyer, but in some states,  3 DUI's make a habitual offender and can result in imprisonment. If Michigan adopted the 3rd DUI as a felony, then that is enough by Federal Law to prevent firearms ownership.

No convicted felon may own or possess a firearm.

If you want to fight this ruling obtain the services of a legal person.

Best regards,

Dan