The Effect of DUI Conviction on Your Right to Own a Firearm
- posted: Jan. 21, 2021
Convictions come with the penalties and their effect on your future as well as your rights. Generally, people are aware of the fines, jail time, and license revocation of the offender. They are aware of the effect on future employment and housing. But what many don’t know is that these charges can have repercussions and collateral consequences on your other rights.
The right to legally buying and possessing a firearm is a constitution-protected civil right in the USA. And DUI conviction can have a farfetched effect on it too. This is why you need proper legal representation by an experienced Morgantown DUI lawyer. At Mountaineer Criminal Law Group, we have handled similar cases while protected their civil rights. We take care of the criminal penalties and administrative disciplinary actions regarding the license, and other consequences on employment, housing, and finances. At the same time, we ensure you choose the right way to deal with this. Talk to our Morgantown criminal lawyer now.
Prohibitions Regarding Firearms Possessions
Being heavily regulated, purchasing, owning, and possessing firearms can be restricted for some people. The common examples of the “Prohibited Persons” include,
The individual who is convicted of a felony
The individual convicted for misdemeanor domestic violence
Having domestic/restraining order issued against
The individual convicted for the offense carries a minimum one-year prison sentence
The individuals who are “fugitive from justice”
An addict to controlled substance
Unlawful residents or immigrants of the USA
Military veteran with a dishonorable discharge
Can Your DUI Charges Prevent You from Buying and Possessing Guns?
Drivers convicted with DUI generally don’t get prohibited from owning, purchasing, or possessing firearms. But in some rare DUI cases, you can get this penalty. Take a look at the following cases our Morgantown DUI lawyer can handle:
A person with DUI charges can often have previous convictions of DUI which can result in a felony. For example, if this case is your 3rd DUI in ten years, then it will become a felony. This will make you a “Prohibited Person” for possessing a firearm.
If your DUI case involves an accident, injury, or death, it can become a felony. This will prevent you from possessing a firearm. If you are convicted of this charge, then our Morgantown criminal lawyer can help you.
Unlike civilians, military service members have to follow some strict code of conduct. Not following them can bring many adverse consequences which can lead to a dishonorable discharge. Generally, DUI doesn’t lead to dishonorable discharge unless this involves aggravated circumstances. Hence, even if this DUI charge doesn’t cause the loss of the right to possess a gun for civilians, it might cause this for a military serviceman.
The fugitive of justice means someone who has failed to comply with the court’s sentence or did not appear at the court and that led to an arrest warrant against them. Though the underlying charges of DUI might not cause you to lose the right of possessing a firearm, being a fugitive will do that for you.
There are other crimes including felony offense, drug offense, or domestic violence that can be involved with DUI cases. The court will consider the gravity of these additional charges to revoke your right to possess a firearm.
Contact a Morgantown DUI lawyer as soon as possible after the arrest to understand what you must do in such situations.
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At Mountaineer Criminal Law Group, we have handled cases like these and ensured the protection of rights for our clients. Our Morgantown criminal lawyer will take care of these charges and ensure you get the most favorable outcome. For a free consultation, give us a call today.