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The Effect of DUI Conviction on Your Right to Own a Firearm

Logue Law Group

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 buy and possess 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 protecting 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 a 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 a 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 of 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 a 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.
  • A 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 offenses, drug offenses, 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.

Connect With Us Today

At Mountaineer Criminal Law Group, we have handled cases like these and ensured the protection of the rights of 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.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

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Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

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