You may have questions about if you can purchase a firearm if you have been convicted of a DUI or DWI in the past. If you have never purchased a firearm you may not know that you will have to answer a question about a background check. Within this section, you will be asked if you have ever been convicted of a felony or any other type of crime that resulted in probation up to a certain amount of years. Let’s shed some light on these questions and more when wanted to purchase a firearm after having a DUI.
Can I purchase a firearm after having a DUI? This will depend on if you’re facing a misdemeanor or felony DUI charge. Typically a conviction of a DUI or DWI will not stop you from purchasing a firearm. With that said you should call the courts that you entered your plea or where you were found guilty and find out if your conviction was a felony or a misdemeanor. Regardless a conviction could affect your ability to have a concealed handgun permit.
When a DUI case can result in an issue when wanting to purchase a firearm
If a driver is accused or convicted of a misdemeanor DUI that person typically does not lose their right to purchase, own or possess a firearm. however, there are cases of DUI where a penalty can result in an issue owning a gun. They may be:
- Felony DUI – This could be the case for someone being convicted of a third DUI offense or when a DUI results in injury or death.
- Multiple offenses – In some cases and states getting multiple DUI offenses can result in a felony charge which could impact the purchase of a firearm after having a DUI.
- Warrant out for your arrest – If you are a fugitive from justice and fail to meet and comply with the courts for a DUI or any other charge and a warrant is issued for you this will lead to your right to purchase a firearm to be denied.
- Military service – Military personnel that have been convicted of a crime face harsher consequences than a civilian. For example, dishonorable discharge for getting multiple DUI’s could result in a felony charge which would result in not being able to own a firearm.
The right to own a firearm is a civil right in the United States and you could lose the right to have a firearm by being convicted of a felony charge for a serious crime. Don’t think because you get a DUI that that charge is not serious because it can be. Get multiple DUI’s and you could be charged with a felony. Injure someone or worse yet kill someone while operating a vehicle while intoxicated and you’ll be facing a felony charge.
What form needs to be completed for a federal firearms check?
Form#4473 typically is completed on-line at the dealership. This form is filled out when a person whats to purchase a firearm from a Federal Firearms License holder. For example A gun shop. This form contains the name, address, DOB, a government-issued photo ID, National Instant Criminal Background Check System number, and an affidavit stating that the current purchase will be eligible to make a purchase of a firearm under the federal law. Keep in mind that lying on this form will result in a felony.
If your not sure about a DUI conviction you should ask an attorney in your area
It is better to know facts before answering questions about a conviction of a DUI and filling out forms like Form#4473 in your area. Hiring an experienced DUI attorney in the area that you got convicted of a DUI will help you better understand your rights and if you can purchase a firearm.