Third Circuit Denies En Banc Reconsideration in Holloway – Second Amendment As-Applied Challenge to DUI Conviction

As our viewer may remember, in October of 2018, we were successful in having Chief Judge Christopher Connor of the Middle District of Pennsylvania rule in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from exercising his Second Amendment rights as a result of a 2005 DUI. Thereafter, the U.S. Government appealed to the Third Circuit, where the a divided panel reversed Judge Connor’s decision and, in essence, held that individuals who are prohibited due to DUI are inherently dangerous and cannot avail themselves of Second Amendment as-applied challenges. Judge Fisher issued a lengthy dissent to that decision. Thereafter, we filed a petition for reconsideration en banc, but unfortunately, on July 7, 2020, the petition was denied due to only Judges Jordan, Hardiman, Matey, Phipps having voted to grant the petition.

At this point, we are awaiting some other decisions from the Third Circuit and other federal courts regarding Second Amendment as-applied challenges, which may determine how we proceed in Holloway and whether we will petition the U.S. Supreme Court for certiorari.

If your constitutional rights have been denied by the U.S. Government, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

3 thoughts on “Third Circuit Denies En Banc Reconsideration in Holloway – Second Amendment As-Applied Challenge to DUI Conviction

  1. Does that mean that my neighbor, who was arrested for DUI and causing an accident earlier this year, cannot own a firearm?  Your article was not clear on the consequences of the court’s decision.


    1. It would depend on the possible sentence of the DUI. If the sentence could be a year or more, then that triggers a federal prohibition. It doesn’t matter the sentence actually received, just what the possible maximum was.

      Keep in mind, I am not a lawyer.


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