Today, Chief Counsel Joshua Prince secured a major victory for Second Amendment jurisprudence in Williams v. Garland, et al., 19-CV-2641, where Judge Milton Younge of the Eastern District of Pennsylvania ruled in an 11 page memorandum that it was unconstitutional as-applied to Mr. Williams to preclude him in perpetuity from exercising his Second Amendment rights as a result of a 2004 DUI.
Specifically, Judge Younge declared that
Prohibiting Plaintiff’s possession of a firearm due to his DUI conviction is a violation of his Second Amendment rights as it is inconsistent with the United States’ tradition of firearms regulation. The Constitution “presumptively protects” individual conduct plainly covered by the text of the Second Amendment, which includes an individual’s right to keep and bear arms for self-defense…Protected individuals presumptively include all Americans.
In so holding, after finding that Mr. Williams is of The People – regardless of his criminal conviction for DUI – and that his desired conduct – to purchase, possess, and utilized firearms and ammunition – is clearly covered by the Second Amendment, Judge Younge declared that while DUI is dangerous, “[h]istorical regulations on persons deemed dangerous do not present a sufficient historical analogue without showing that the regulated conduct itself is analogous to Plaintiff’s.” He also found that “the Government’s argument that Section 922(g)(1) can be appropriately applied to Plaintiff because of historical regulations on the possession of a firearm by a presently intoxicated person [is] unavailing,” because, as Mr. Williams argued, “[n]one of these regulations allude to disarmament lasting beyond the individual’s state of intoxication, and none provided for permanent disarmament, as Section 922(g)(1) does.” Or put succinctly, “historical regulations which momentarily disarmed certain individuals for temporary mental incapacity cannot be considered similar to the sanction of permanent disarmament for past DUI convictions.”
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.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Amazing! I wonder how widely this can apply. I’m in a similar situation as Mr. Williams but have not attempted to obfuscation a firearm since my conviction.
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Josh,
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Very nice. Well done. Can this apply for people who had a felony, and has since lived the straight and narrow. And is an exemplary citizen who works EMS?
Asking for a friend. Literally.
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Thank you for all you do to preserve Constitutional rights, and most specifically the Second Amendment. May God bless you and yours, Mr. Prince. In liberty, Kerri Ellen Wilder Obstacles serve a purpose: they give us a chance to find out how badly we want something.
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The 2nd A doesn’t list ANY restrictions to firearm ownership. Every anti-2nd law is a fabrication of misguided “common sense” gun laws. So-called “common sense laws” could be applied in way too many parts of our lives.
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I saw there is a stay. I’m assuming this is being appealed and to hold off on any purchases?
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Did you ever find the answer? I am in the same boat. I didn’t know if this decision only applies to Williams or all.
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