While having a felony DUI can prevent you from buying a gun, a misdemeanor DUI is less likely to do so. DUI is a serious offense, but if it’s not a felony DUI, it can be qualified for expungement.
A knowledgeable expungement attorney will also be necessary to advise you with your DUI expungement so as to be qualified for gun purchase. Read on for the more details
Can a DUI Prevent You from Buying a Gun?
A DUI conviction does not prevent a driver from obtaining, owning, or using a gun. However, this punishment may apply to felony DUIs.
There are also who we call “Prohibited persons” who are legally not allowed to own any firearms. Specifically, they are recognized as:
- Unlawful immigrants or residents of the United States
- Veteran of the military with a dishonorable discharge
- The person found guilty of a crime
- The person found guilty of misdemeanor domestic abuse
- possessing a domestic or restraining order against
- An offender who is found guilty and faces a minimum of one year in jail.
- The people who are considered “fugitive from justice”
- An abuser of a prohibited drug
Will A DUI Show During A Background Check For A Gun?
When you attempt to purchase a gun, a felony DUI may show up on your background check and remain on your record permanently. However, it does not imply that you will never be able to purchase or own a gun again.
Regardless, can you buy a gun with a DUI?
- Before buying a gun, you will need to reinstate your gun rights if the felony DUI prevents you from passing a background check.
- For as long as you have a felony DUI conviction on your record, you probably won’t be allowed to purchase, acquire, or carry firearms in Washington State unless you receive this approval from the court.
Furthermore, you could still need to reinstate your gun rights under federal law even if you are granted them back under state law. If you have questions concerning your state and federal rights, it may be best to consult an expungement attorney to get your DUI expunged and removed from the background check system to restore your firearm rights.
Does a DUI Conviction Result to Permanent Loss of Gun Rights?
You might be wondering about how a DUI and Second Amendment rights relate to one another. To put it simply, a DUI may lead to the irreversible loss of gun rights. This might occur if the defendant’s record includes a felony DUI conviction and the court declines to allow them to regain their gun rights via the appropriate legal channels.
A judge may take this action if the defendant has a history of felonies or is now facing charges, even if they have not yet been found guilty. Misdemeanor and serious misdemeanor DUI convictions alone are unlikely to have an effect on one’s capacity to purchase, obtain, use, or carry a firearm.
However, a felony DUI conviction may result in the loss of one’s ability to bear arms permanently. Hiring a DUI lawyer with the experience and track record to help avoid the prosecution is crucial for this reason.
How to Get Your Gun Rights Restored
A convicted felons can own a firearm again 8 years after the sentence ended, but only if it is kept on their private property. You’re breaking the law if you carry the gun outside of your home.
The other options to get your gun rights restored after a felony DUI conviction are otherwise extremely limited.
Keep in mind that the mentioned penal code is not always applicable to other states. Be sure to check your own state’s law. Read more about the gun right law in Florida in Florida Statue 790.23.
