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From The Lehigh Valley Project 9/12 Tea Party –Second Amendment Committee part 2



DWI Conviction Bars Man From Gun Ownership, Says Pa. Court

Richard Hamborsky’s crime had nothing to do with pulling a trigger, but his drunken-driving conviction still bars him from owning a gun, a Commonwealth Court panel ruled, according to a article.

The 60-year-old Uniontown man was turned down when he tried to buy a firearm because his 2011 DUI conviction—his second for drunken driving—was graded as a first-degree misdemeanor. Although Hamborsky was only sentenced to 30 days in the Greene County Prison, plus 2 3/4 years on probation, a first-degree misdemeanor conviction can carry penalties of up to 5 years in prison in Pennsylvania. Thus his attempt to buy a gun was shot down by federal law, which bars anyone convicted of a crime punishable by more than a year in prison from owning firearms—regardless of what the actual sentence is.

Hamborsky appealed to the state court after an administrative law judge for the attorney general’s office upheld the gun-purchase denial that state police issued in 2015, according to the article.

Pellegrini said his court can’t even consider Hamborsky’s claim that the denial breaches his constitutional right to bear arms because Hamborsky didn’t raise that issue when he first appealed to the AG, according to the article.

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