I previously blogged about the Monumental Firearms Law related Decision from the Superior Court in relation to DUI. In Commonwealth v. Musau, 2013 PA Super 159, the Superior Court held that an individual who, during a first or second DUI, refused to provide blood or breath testing, could only be punished by a maximum of six (6) months in jail, although it is graded as a misdemeanor of the 1st degree. As the maximum sentence that could be imposed was six months, although graded as a misdemeanor of the 1st degree, such a conviction would not trigger the federal disability, pursuant to 18 U.S.C. 922.
Today, Governor Corbett signed SB 1239, which effectively changed section 3802, so that the maximum sentence that can be imposed upon an individual who, during a first or second DUI, refuses to provide blood or breath testing, is five years, which consistent with most misdemeanors of the first degree. Accordingly, those individual who are now convicted under the amended DUI Code will be prohibited under 18 U.S.C. 922 from possessing or purchasing a firearm, regardless of the sentence imposed.
Of course, there are constitutional questions of whether an individual’s Right to Keep and Bear Arms can be infringed in relation to non-violent misdemeanor crimes. If you have been convicted of a non-violent misdemeanor offense and wish to discuss what options you have to petition the federal courts or are facing a DUI related to a refusal to submit to chemical testing, contact us today.