'annie's' Adorable

3 W-b Streets Closed Today For Paving

By JERRY LYNOTT jlynott@leader.net
 Thursday, November 30, 2000 &nbsp;&nbsp;&nbsp;&nbsp;Page: 18A 





A state appellate court on Wednesday ruled a 25-year-old drunken driving
conviction will keep firearms out of the hands of Columbia County man. &nbsp;&nbsp;&nbsp; 
 A three-member panel of the Commonwealth Court said the punishment George
A. Bellum received in 1975 makes him ineligible to buy guns, even though he
could be a gun owner if convicted of the same offense today because of a
change in the law. &nbsp;&nbsp;&nbsp; ``Arguably, this result is unfair to those individuals convicted of DUI
prior to 1976,'' the court said, adding people like Bellum can turn to the
federal court for help. &nbsp;&nbsp;&nbsp; 
 What Bellum will do is unclear, said his attorney Michael Lynn of
Bloomsburg. &nbsp;&nbsp;&nbsp; 
 ``The law should make sense,'' Lynn said. But the attorney said in Bellum's
case, he's being treated as a felon even though he was convicted of a lesser
misdemeanor offense. &nbsp;&nbsp;&nbsp; 
 After conducting a criminal history check the state police denied Bellum's
application for a firearm in November 1998, citing his conviction 23 years
earlier. Bellum then appealed to the state Office of Attorney General and his
case went before an administrative law judge who also denied his request to
overturn the denial by the state police. &nbsp;&nbsp;&nbsp; 
 Lynn said the judge encouraged him to appeal the case against the state
police to the Commonwealth Court. The attorney maintained the law on the books
when Bellum applied for the gun purchase in November 1998 should determine
eligibility. &nbsp;&nbsp;&nbsp; 
 Under federal law, crimes punishable by more than two years in prison make
a person ineligible to purchase a firearm. At the time of his guilty plea to
drunken driving, the offense was a misdemeanor punishable by up to three years
imprisonment. The offense is still a misdemeanor but it presently carries a 1-
to 2-year prison sentence. &nbsp;&nbsp;&nbsp; 
 Facing the issue for the first time, the Commonwealth Court said the law as
it stood in 1975 applied. ``We must look to the penalty at the time of
conviction without regard to any `after-the-fact' changes. ... Moreover, we
believe that this is the most reasonable and practical result that could have
been reached.'' &nbsp;&nbsp;&nbsp; 
 Jerry Lynott, a Times Leader staff writer, may be reached at 829-7237. &nbsp;&nbsp;&nbsp; 
 &nbsp;&nbsp;&nbsp;

1975 Dui Conviction Bars Man From Buying Guns, Appeals Court Says 
George A. Bellum Is Unable To Purchase Firearms Even Though He Could Be A Gun
Owner If Found Guilty Of Same Offense Today.

1975 Dui Conviction Bars Man From Buying Guns, Appeals Court Says George A. Bellum Is Unable To Purchase Firearms Even Though He Could Be A Gun Owner If Found Guilty Of Same Offense Today.