DWI surrendered handguns

[Celt]

Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes. The annual cost of alcohol-related crashes totals more than $44 billion. Source; CDC

Hardly a victimless crime

More people die from drunk driving than by guns every year. I know the stats well. I didnt think I needed to go into great detail about some logical differences.

Maybe you know someone killed by a drunk driver and my comment struck a cord (I hope not). I post from my phone so I typically try to keep my comments brief. A dwi where no one is hurt is a obviously a victimless crime. A dwi where someone is hurt or killed is obviously NOT victimless.

For someone to lose their 2a rights for a simple dwi (where no one is hurt) is absurd. Again, I didn't think I needed to point out the obvious.

 

[Darth]

Wow, took much longer than anticipated for the holier than thou, JUST DON'T BREAK THE LAWRLLLLLLLLLL crowd to show up.

Good show.

 

[GOPerfect]

I sure am glad I make the right decisions and never drive drunk. When correct decisions in life are made, one need not worry about things like this.

 

[GOPerfect]

Wow, took much longer than anticipated for the holier than thou, JUST DON'T BREAK THE LAWRLLLLLLLLLL crowd to show up.

Good show.

Usually within the first three to five replies. It is the truth though.


Funny how Judges and Politicians are so quick to strip the 2A but no other Rights. Curious to why that is.

 

[Darth]

More people die from drunk driving than by guns every year. I know the stats well. I didnt think I needed to go into great detail about some logical differences.

Maybe you know someone killed by a drunk driver and my comment struck a cord (I hope not). I post from my phone so I typically try to keep my comments brief. A dwi where no one is hurt is a obviously a victimless crime. A dwi where someone is hurt or killed is obviously NOT victimless.

For someone to lose their 2a rights for a simple dwi (where no one is hurt) is absurd. Again, I didn't think I needed to point out the obvious.

Shooting a gun is a victimless crime.

Shooting a gun and killing someone is not.

Same thing. People have just been conditioned to slurp up the DUI banter without a second thought.

 

[Darth]

I sure am glad I make the right decisions and never drive drunk. When correct decisions in life are made, one need not worry about things like this.

Horse apples.

 

[GOPerfect]

Horse apples.

They're called horse apples because they're round and the same shade of green as fresh horse shit.

 

[Darth]

They're called horse apples because they're round and the same shade of green as fresh horse shit.

I too am somewhat of an urban dictionary connoisseur.

 

[GOPerfect]

I too am somewhat of an urban dictionary connoisseur.

I almost live for it!

 

[tirwin1]

Penalties for alcohol or drug-related violations

I did not see anything about losing 2A rights but perhaps I missed something. It would appear to me the best approach would be to refuse the test. You lose your license but they may not be able to take your guns. Obviously the best approach is to not drive drunk.

 

[Marine Cpl]

I sure am glad I make the right decisions and never drive drunk. When correct decisions in life are made, one need not worry about things like this.

One needs to worry when one is told they are drunk when they are not. For example, for my body weight, 2 glasses of wine with my dinner puts me at .08 and subject to DWI when I'm not even close to being drunk.

So what do I do. I drive home from the restaurant anyway and chance it that a gov't agent doesn't decide to punch my ticket for his quota and or fitness reports.

It's not an incorrect decision. It's a "chance it" decision and no different than the guy who chances it and carries a firearm where he isn't supposed to because he knows the law is wrong.

 

[John R Branson]

The DWI is already taken care of, reduced to impaired (DWAI), as I was exactly .08. Have my license back etc. No accident, no injuries, just stupidity on my part, anniversary dinner and all that, stopped for a stop sign a few feet beyond the marker line around midnight. First impaired (DWAI) conviction in NYS is just a traffic infraction, a DWI is a misdemeanor, a second DWI can be a felony depending how much you fight it or not, a third alcohol violation of any kind is a felony.

In Saratoga Country if you lose your permit for a violent crime, domestic abuse etc. you can lose your long guns. If your permit is suspended for something like DWI they do not take your long guns. Sheriff came right to my house two days after the DWI with a form to fill out and take the two pistols. What counts in this county is if you have ever been Arrested .... they don't care about the conviction, they will confiscate .. yes BEFORE you are convicted of anything. Seems bizarre ... but that's the way it is, if this DWI had been completely tossed out, they would still have my pistols, my permit would still be suspended, and I'd still have the wait a year to try to get it back. The permit application specifically asked if you have ever been arrested, NOT convicted. My guess is in a court of law it wouldn't stand up .... but they know 99% are not going to go to court for it.

In this county it is totally up to discretion of the Judge that signs your permit if you can get one, keep one etc. No real recourse legally, judge can just say no, although there are appeals that can be made.

So, I should talk to my local gun dealer about transferring the pistols? The only rub is that the FFL holder will probably have to go the Sheriffs office to physically pick them up, not sure if they will do that. I'm hoping maybe if my wife buys her new pistol at their shop they might be more cooperative.

At this point I have to wait till Feb 2019 to write to the judge to get the permit reinstated, I'd say it's a very good chance he will do so. Been a resident in good standing in the community for about 40 years, have some friends in the Sheriffs Dept. that might put in a good word for me.

I can't wait to move out of NY

 

[@thewheels]

I sure am glad I make the right decisions and never drive drunk. When correct decisions in life are made, one need not worry about things like this.

3 felonies a day...

 

[Joe Blow]

Funny how Judges and Politicians are so quick to strip the 2A but no other Rights. Curious to why that is.

What rights should be stripped from persons under what circumstances?
Or, on the flipside, what is allowed before one loses a right?

 

[Vapor]

The DWI is already taken care of, reduced to impaired (DWAI), as I was exactly .08. Have my license back etc. No accident, no injuries, just stupidity on my part, anniversary dinner and all that, stopped for a stop sign a few feet beyond the marker line around midnight. First impaired (DWAI) conviction in NYS is just a traffic infraction, a DWI is a misdemeanor, a second DWI can be a felony depending how much you fight it or not, a third alcohol violation of any kind is a felony.

In Saratoga Country if you lose your permit for a violent crime, domestic abuse etc. you can lose your long guns. If your permit is suspended for something like DWI they do not take your long guns. Sheriff came right to my house two days after the DWI with a form to fill out and take the two pistols. What counts in this county is if you have ever been Arrested .... they don't care about the conviction, they will confiscate .. yes BEFORE you are convicted of anything. Seems bizarre ... but that's the way it is, if this DWI had been completely tossed out, they would still have my pistols, my permit would still be suspended, and I'd still have the wait a year to try to get it back. The permit application specifically asked if you have ever been arrested, NOT convicted. My guess is in a court of law it wouldn't stand up .... but they know 99% are not going to go to court for it.

In this county it is totally up to discretion of the Judge that signs your permit if you can get one, keep one etc. No real recourse legally, judge can just say no, although there are appeals that can be made.

So, I should talk to my local gun dealer about transferring the pistols? The only rub is that the FFL holder will probably have to go the Sheriffs office to physically pick them up, not sure if they will do that. I'm hoping maybe if my wife buys her new pistol at their shop they might be more cooperative.

At this point I have to wait till Feb 2019 to write to the judge to get the permit reinstated, I'd say it's a very good chance he will do so. Been a resident in good standing in the community for about 40 years, have some friends in the Sheriffs Dept. that might put in a good word for me.

I can't wait to move out of NY

Sounds like you know you made a poor choice, and have your ducks in a row. Good luck with everything. I hope it all works for you in the end.


Move, asap, It is only going to get worse in this state. Soon our gun laws will mirror those of the UK, Aus, France, etc.

 

[GOPerfect]

What rights should be stripped from persons under what circumstances?
Or, on the flipside, what is allowed before one loses a right?

Not at all what was meant. The fact that they think it is always alright to strip the 2A. They know if they tried other rights, there would be hell to pay.

 

[holdover]

Sell them to someone you trust with a permit for a dollar. Buy them back , if/when you get your permit back.

 

[Acer-m14]

i never drink and drive .. i only drink while i'm at stop sign or light sir ..

 

[Catskillkid]

Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes. The annual cost of alcohol-related crashes totals more than $44 billion. Source; CDC

Hardly a victimless crime

And far more than the death from firearms.

 

[nortatoga]

Not at all what was meant. The fact that they think it is always alright to strip the 2A. They know if they tried other rights, there would be hell to pay.

His long guns were not confiscated! So no 2A violation! Maybe this will open some people's eyes that your CCW license is not protected by the 2A. This case is so important, as hard as it is to imagine this 9th circuit three Judge panel got it right!
Unlikely pair could usher gun rights case to U.S. Supreme Court

Going back to 1897 Robertson v. Baldwin, 165 U. S. 275, 281 (1897), concealed weapons can be prohibited! This is from Heller v DC!

 

[Marine Cpl]

I didn't know the 2A said that the right to keep and bear and shall not be infringed except when concealed.

 

[Acer-m14]

Going back to 1897 Robertson v. Baldwin, 165 U. S. 275, 281 (1897), concealed weapons can be prohibited! This is from Heller v DC!

going back before that ...

it was really hard for the funding fathers to conceal a pitch fork or musket ..

I didn't know the 2A said that the right to keep and bear and shall not be infringed except when concealed.

 

[Marine Cpl]

going back before that ...

it was really hard for the funding fathers to conceal a pitch fork or musket ..

They had pistols back then too. Daggers too. I'm sure all weren't open carried.

But if some judge in a black robe makes a biased interpretation, we are stuck with it. 50 years from now when the court is stacked with libs, they'll make a ruling that the 2A doesn't protect weapons of war. "See! It's written right here by Justice David Hogg!"

Then someone 30 years later on this forum will point to the ruling as if it was kosher and good to go because that's just how the courts work and will go so far as to quote the ruling in his signature with pride because he agrees with the unconstitutional ruling.

 

[Acer-m14]

They had pistols back then too. Daggers too. I'm sure all went open carried.

and i bet a lot were not .. LOL .. poker card game .. .. that pistol was under the table or up a sleeve

 

[dsdmmat]

His long guns were not confiscated! So no 2A violation! Maybe this will open some people's eyes that your CCW license is not protected by the 2A. This case is so important, as hard as it is to imagine this 9th circuit three Judge panel got it right!
Unlikely pair could usher gun rights case to U.S. Supreme Court

Going back to 1897 Robertson v. Baldwin, 165 U. S. 275, 281 (1897), concealed weapons can be prohibited! This is from Heller v DC!

However banning handguns is unconstitutional as they are in common use.

 

[dsdmmat]

going back before that ...

it was really hard for the funding fathers to conceal a pitch fork or musket ..

Actually they thought concealed weapons were cowardly and only the common criminals concealed weapons.

 

[Marine Cpl]

Actually they thought concealed weapons were cowardly and only the common criminals concealed weapons.

Not saying you agree with this but...

They still excluded the words "Except when Concealed" when they wrote the 2A.

I'm sure some didn't think that outright lies and slander were gentlemanly yet no provisions were written into the 1A to prohibit someone from saying those things.

 

[Acer-m14]

all i can think of at the moment is all the western movies back in the day ..

its high noon and a dual on main st is taking place ... two guys facing off with deadly looks in there eyes .. they both reach down and flip open their trench coats revealing there pistol at the ready ....

 

[Mk44]

The DWI is already taken care of, reduced to impaired (DWAI), as I was exactly .08. Have my license back etc. No accident, no injuries, just stupidity on my part, anniversary dinner and all that, stopped for a stop sign a few feet beyond the marker line around midnight. First impaired (DWAI) conviction in NYS is just a traffic infraction, a DWI is a misdemeanor, a second DWI can be a felony depending how much you fight it or not, a third alcohol violation of any kind is a felony.

In Saratoga Country if you lose your permit for a violent crime, domestic abuse etc. you can lose your long guns. If your permit is suspended for something like DWI they do not take your long guns. Sheriff came right to my house two days after the DWI with a form to fill out and take the two pistols. What counts in this county is if you have ever been Arrested .... they don't care about the conviction, they will confiscate .. yes BEFORE you are convicted of anything. Seems bizarre ... but that's the way it is, if this DWI had been completely tossed out, they would still have my pistols, my permit would still be suspended, and I'd still have the wait a year to try to get it back. The permit application specifically asked if you have ever been arrested, NOT convicted. My guess is in a court of law it wouldn't stand up .... but they know 99% are not going to go to court for it.

In this county it is totally up to discretion of the Judge that signs your permit if you can get one, keep one etc. No real recourse legally, judge can just say no, although there are appeals that can be made.

So, I should talk to my local gun dealer about transferring the pistols? The only rub is that the FFL holder will probably have to go the Sheriffs office to physically pick them up, not sure if they will do that. I'm hoping maybe if my wife buys her new pistol at their shop they might be more cooperative.

At this point I have to wait till Feb 2019 to write to the judge to get the permit reinstated, I'd say it's a very good chance he will do so. Been a resident in good standing in the community for about 40 years, have some friends in the Sheriffs Dept. that might put in a good word for me.

I can't wait to move out of NY

Yes, the FFL will physically have to go to the Sheriff's dept. to pick up your pistols. Some FFL's offer the service, Not all. I would talk to your FFL to see if they will handle this. If not, find another FFL that will.
An FFL can go to the Sheriff's dept. (it's called the property dept. over here) and retrieve your pistols and hold them until your probation is up. Or the FFL can transfer the pistols to a friend, your wife (as long as they have a handgun lic.) or you can sell them. Be sure to talk to the FFL about their fee and your options... (hold, transfer, or sell them.)

Imo, I would hire an FFL to pick up the pistols. I wouldn't wait until Feb 19' to see what the judge will say.