Can You Buy a Gun with a DWI?
The Short Answer:
No, you cannot buy a gun with a DWI (Driving While Intoxicated) charge. Federal law prohibits individuals with a felony conviction, including those related to driving under the influence (DUI), from purchasing or possessing firearms.
Understanding Federal Law:
The Federal Gun Control Act of 1968 prohibits individuals convicted of a felony, including those related to drug and alcohol offenses, from purchasing or possessing firearms. In 1986, the Gun-Free Schools Act amended the Gun Control Act, making it illegal for any individual convicted of a drug-related felony to possess or purchase a firearm.
The Significance of the DWI Charge:
A DWI charge, regardless of whether it resulted in a conviction or was reduced to a lesser charge, is considered a relevant factor in determining an individual’s eligibility to purchase a firearm. The National Instant Criminal Background Check System (NICS) uses criminal history records, including information related to DWI arrests and convictions, to check an individual’s eligibility to purchase a firearm.
State Laws and Regulations:
While federal law sets the minimum standards for gun purchases, state laws and regulations may be more stringent. Some states, for example, prohibit individuals with certain types of convictions, including DWI, from owning or possessing firearms.
Key Takeaways:
• Federal law prohibits individuals with a felony conviction, including those related to DWI, from purchasing or possessing firearms.
• DWI charges, regardless of whether they resulted in a conviction or were reduced to a lesser charge, can impact an individual’s eligibility to purchase a firearm.
• State laws and regulations may be more stringent, prohibiting individuals with certain convictions, including DWI, from owning or possessing firearms.
The Process for Purchasing a Gun with a DWI:
If you have a DWI charge, the process for purchasing a gun will depend on the specific circumstances and the laws of your state. Here are the steps you should follow:
- Check Your Eligibility: Use the NICS E-Check System or consult with a licensed firearms dealer to determine your eligibility to purchase a firearm. Provide detailed information about your DWI charge, including the date, location, and outcome of the charges.
- Understand the Charges: Review your DWI charge to understand the severity of the charges and the potential impact on your eligibility to purchase a firearm.
- Seek Professional Advice: Consult with a licensed attorney or legal representative to determine the best course of action and to provide guidance on the legal process.
- Wait Out the Probation Period: If your DWI charges resulted in a conviction or probation, you will need to complete the terms of your probation before you may be eligible to purchase a firearm.
- Monitor Your Criminal Record: Check your criminal record regularly to ensure that any DWI charges have been resolved and that your record is updated accordingly.
Consequences of Violating Federal or State Law:
Failure to comply with federal or state laws regarding firearms and DWI charges can result in serious consequences, including:
- Federal Criminal Charges: Violating federal law can result in federal criminal charges, including those related to firearms and possession of firearms.
- State Criminal Charges: Violating state law can result in state criminal charges, including those related to possession of firearms.
- Loss of Gun Rights: Failure to comply with federal or state laws can result in the loss of your right to own or possess a firearm.
Conclusion:
In conclusion, buying a gun with a DWI charge is not possible due to federal and state laws prohibiting individuals with certain criminal convictions, including those related to DWI, from purchasing or possessing firearms. It is essential to understand the laws and regulations governing gun purchases and to consult with legal professionals to determine the best course of action.
