Charged With DUI ?
Get Help Now With A Free Consultation
In the United States, gun rights and laws differentiate across the states, especially when it comes to the laws regarding gun rights after being convicted of a felony DUI. It is important to note that, when looking into a plan of action for having your gun rights returned, it is best to hire an excellent DUI lawyer that you can trust to guide you in the right direction. Our government is incredibly specific when it comes to the issue of gun rights after a felony conviction, beginning with a federal law passed in 1934, which banned anyone convicted of a violent felony from owning a gun. This law was an add on to a pre existing ban that prohibited felons from owning machine guns.
Jumping ahead to 1968, the restriction on owning guns for violent felons was expanded to incorporate all types of felons, which means even people with a felony DUI conviction. These restrictions hold strong today, and it is rare to have civil rights restored and only possible within a handful of states. Until your felony can be completely extinguished, federal law prohibits you from legally owning a gun.
This federal law goes beyond just guns as well. If you are convicted of a felony, you are also prohibited from legally owning any ammunition. Simply owning a single bullet puts you in violation of the ban, and could result in another felony that has a much greater jail time along with it. Many people believe this law interferes with citizens Second Amendment Rights to own and use a concealed gun. The argument points out that interfering with this right prevents you from properly defending yourself if someone breaks into your home. The way the law is currently written and interpreted, however, is that the moment you are convicted as a felon is the moment you forfeit your Second Amendment Rights.
The most realistic and simple way to get your gun rights back is to have your felony expunged, however, there are a handful of states that offer felons the opportunity to own a handgun again after complying with probation standards determined by the state. The process is incredibly detailed and only recognized by a small amount of States. It is far more common for states to have laws like North Carolina, where felons can never own any type of gun for any reason. The only additional exceptions that offer a chance to own a gun at some point in the future are Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or similar offenses relating to the regulation of business practices.
The only one who can truly give accurate insight and let you know if you can obtain the rights to own a gun would be a DUI lawyer who has spent time looking over the details of your case. Their experience with DUI laws and will help you determine whether or not you can qualify to be able to own a gun, and the best strategy to do so.