New gun buyer with DUI


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Prion
February 1, 2009, 09:06 PM
Hey, I have recently turned a friend onto shooting. He has never bought a gun and wants a 1911. He got a DUI a month or so ago and is afraid to even try and buy. He is sober now but I said he was probably out of luck. Any thoughts?

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Vismund Cygnus
February 1, 2009, 09:08 PM
Is a DUI a felony? If it is, he's SOL.

jad0110
February 1, 2009, 09:15 PM
Doesn't sound good. DUW/DWI is a felony in most states. It is in NC, anyway. I think DUIs/DWIs are the most common reason for people loosing their 2nd Amendment Rights and/or CCW permits nationwide.

I hope I'm wrong, but I don't think I am. Sucks, really. I never consumed much alcohol, even in college, but when I became a gun owner I pretty much stopped altogether.

alemonkey
February 1, 2009, 09:16 PM
I don't know about where you're at, but here at least a first offense isn't a felony.

Old Fuff
February 1, 2009, 09:18 PM
A call to a lawyer's office could quickly determine if he was dealing with a felony or not. For his own peace of mind I'd tell him to make that call.

JochenWeber
February 1, 2009, 09:27 PM
A DUI is normally a misdemeanor at the first time unless you hurt someone in an accident it can be a felony in some states.

alsaqr
February 1, 2009, 09:29 PM
In most states the first simple DUI is not a felony. The second, third or fourth offense can be raised to the status of a felony, depending on the state.

Any injury caused by a driver who is DUI may be a felony. Anyone who kills a person while driving drunk can be charged in most states with manslaughter.


http://dui.findlaw.com/articles/1448.html

ThrottleJockey
February 1, 2009, 09:32 PM
Definitely call an attorney first. One thing to consider is that when he is sentenced(probably probation for a first offense) he will have terms to follow and most likely may not be able to even be around guns until his final release.

Jeff White
February 1, 2009, 09:32 PM
If he was only arrested for DUI a month ago, there is a good chance he's not been convicted yet unless he pleaded guilty. If he's been to court he knows if he's been convicted of a felony or misdemeanor. It's not like they don't make that crystal clear.

usmarine0352_2005
February 1, 2009, 10:03 PM
.
In MN your first DUI isn't a felony unless there's specific criteria met, ie, someone hurt or killed, endangered children and such.


.

ljnowell
February 1, 2009, 11:00 PM
My buddy that bought an xd the other day got a DUI 11 months ago. He'll be ok.

Fifteen+1
February 1, 2009, 11:12 PM
http://www.1800duilaws.com/forms/statesduilaws.asp

Try that out...

Prion
February 1, 2009, 11:12 PM
Cool, no one was hurt, it was a stupid Vermont country boy going to a bar for his first time then driving home........I do believe it was a misdemeanor but he's just scared to do anything to jeopardize his standing, AA Kinda Sketched out etc

Elvishead
February 2, 2009, 05:54 AM
I'm sure he'll be able to buy a handgun. But he might have to wait for years before he can get a CCW. In Nevada and Utah it's 5 years.

moooose102
February 2, 2009, 06:23 AM
i have never heard of someone being denied a purchase permit because of a dui. ususally, as long as you do not have a felony, OR a violence misdomeaner (domestic violence) you are ok. now if there is more to it than the dui, that might be a different story. but he probably will not get a ccw permit with a dui.

LKB3rd
February 2, 2009, 07:04 AM
I know a guy with an old (5+years) dui and a ccw permit. First time offense, never happened again.
I would be surprised if it was a problem re: buying a gun.
Drinking without making plans on how to get home, and/or drinking in a way where your judgment gets clouded enough to drive , however, is. But that's a separate discussion .

Davek1977
February 2, 2009, 07:32 AM
A simple check of state law will clarify this. I have not one, but two DUI's on my record as a reminder of a misspent youth. However, in my state, it takes a 3rd conviction in 10 years time to be considered a felony. I have purchased multiple handguns and have recieved my CCW permit with these offenses on my record. However, state law may differ where you're at, and thats all that really needs to be said--check your local laws

John828
February 2, 2009, 09:53 AM
If it was his first DUI/DWI, he is in good shape as far as owning guns is concerned. He might even get a plea bargain down to Reckless or Careless driving depending on any mitigating factors.

I had a huge lapse of judgment in 2005 and was cited for DWI. I even spent some time in jail and an even longer time on probation. The only problems I ever had involving purchasing guns was that I was delayed every time. Since getting my ccl, it's cash and carry--the ONLY way to go, IMO.

expvideo
February 2, 2009, 01:01 PM
Hey, I have recently turned a friend onto shooting. He has never bought a gun and wants a 1911. He got a DUI a month or so ago and is afraid to even try and buy. He is sober now but I said he was probably out of luck. Any thoughts?
As long as DUI isn't a felony in your state, your friend is good to go. A lot of people worry about their criminal records when they go for their first gun purchase. As long as he doesn't have any felonies, violent misdemeanors, or a history of mental illness, he should be fine. Same goes for a permit. I would suggest that he contact his local LEO office to get the details of whether or not his DUI will bar him from owning a gun or carrying one legally.

coloradokevin
February 2, 2009, 01:20 PM
A simple DUI is a misdemeanor in most states.

Aggravating factors can raise it to the level of a felony in some places. For instance, if your friend was in CO, and continued to screw up, he could eventually be given a HTO (Habitual Traffic Offender) status. This would occur after an initial suspension, and subsequent violations. If he were a HTO and drove DUI, that would be a felony.

Funderb
February 2, 2009, 01:26 PM
having a DUI doesn't reflect well on the responsibility of the friend, IMO, but this country is well grounded in second chances.

DeepSouth
February 2, 2009, 01:37 PM
I had a Carry Licence when I got my DUI and I renewed it a couple months later with no problems. It was a "Class 2" DUI (or some crap like that) but it was not a felony. So in Alabama, until the third (class 3) DUI you have no problem.

X-Rap
February 2, 2009, 01:49 PM
Something to think about if a National Standard carry permit is made law.
The feds can always screw up things more than the states.

expvideo
February 2, 2009, 01:56 PM
having a DUI doesn't reflect well on the responsibility of the friend, IMO, but this country is well grounded in second chances.
DUI is a big problem that is not treated that way because so many people do it that we wouldn't want to offend anyone by pointing out how irresponsible these people are. I'll bet you at least 25% of the posters in this thread alone have had a DUI. If enough people do it, it's not a big deal. That really gets me fired up. IMO, there is no excuse for DUI and if you get a DUI you deserve to go to jail. I'm a pretty firm believer in harsh punishment for DUI. Not necessarily felony punishment, but this whole 1 day in jail thing is B.S.

If I get hammered and walk down the street with a gun in my hand, then we have a problem. But if I get hammered and drive down the same street, I get a second chance and get to sober up for 1 night in jail. But think about it for a minute. I have to consciously point that gun and pull the trigger to hurt anyone. All I have to do to kill someone with my car is to not pay attention. Activity kills with a gun. Inactivity kills with a car. A drunk with a car is a much more dangerous combination. But we don't treat it that way, because we wouldn't want to hurt any body's feelings, since so many of the people around us have made one "little bitty mistake" that could have killed a bunch of people.

AARRRGGG it just pisses me off. [/rant]

Funderb
February 2, 2009, 02:10 PM
^ I hear that.

X-Rap
February 2, 2009, 02:29 PM
DUI is like so many things that the gov. uses to generate income. When more money is needed the blood level is dropped. I think the avg 1st time is $10K for legal and fees maybe not counting the SR22 ins.
To many pigs at the trough to ever stop it.
Put limits at reasonable levels, heavy prosecution for over limit and repeat offenders like loss of lic. forever if repeat and prison for violation of driving while revoked.
There are people driving hopped up on meds or just plain tired that are a bigger threat than some guy drinking a few beers out fishing or after work.
A keycheck at bars with breathalizer would stop a bunch if coupled with some toothy laws.

melikesguns
February 2, 2009, 02:29 PM
Honestly, If you are irresponsible enough to get a DUI, you don't deserve, (nor need) a gun. You give up your rights as a citizen when you drove drunk, and endangered my family and I.

Caliban
February 2, 2009, 02:38 PM
Honestly, If you are irresponsible enough to get a DUI, you don't deserve, (nor need) a gun. You give up your rights as a citizen when you dove drunk, and endangered my family and I.

ah, you must be one of those people who was never young and never, ever did anything stupid.

DCortez
February 2, 2009, 02:41 PM
My two cents ... if he can't be trusted with a vehicle, or alcohol, the last thing he needs to concern himself with is carrying a firearm.

expvideo
February 2, 2009, 02:52 PM
ah, you must be one of those people who was never young and never, ever did anything stupid.

Like I said, if enough people do it, it's "ok".

dogdollar
February 2, 2009, 02:59 PM
If his record is clean otherwise, and it is his first offense, he should try for a non-abjudication. After a certain period of good behavior, and if he pays his fines, etc., it will be removed from his record.

Redneck with a 40
February 2, 2009, 03:13 PM
A DUI in Colorado is a traffic felony, so you're friend will be denied the purchase at a gun dealer. However, he could easily buy the gun FTF.

expvideo
February 2, 2009, 03:18 PM
A DUI in Colorado is a traffic felony, so you're friend will be denied the purchase at a gun dealer. However, he could easily buy the gun FTF.
Not legally.

melikesguns
February 2, 2009, 04:54 PM
ah, you must be one of those people who was never young and never, ever did anything stupid.

Yes, I did do some dumb things. Although the OP does not tell us his age.. Sorry, his "friends" age:rolleyes:

Caliban
February 2, 2009, 11:09 PM
Like I said, if enough people do it, it's "ok".

i didn't say it was ok, in fact i explicitly said it was stupid...

WardenWolf
February 2, 2009, 11:15 PM
It depends on the state. Some states do not disqualify people for non-violent offenses such as DUI, even if they are otherwise considered felonies.

coloradokevin
February 3, 2009, 05:51 AM
A DUI in Colorado is a traffic felony, so you're friend will be denied the purchase at a gun dealer. However, he could easily buy the gun FTF.

No offense intended, sir, but that statement is completely and totally false. A DUI is very clearly a misdemeanor offense in CO, though felony charges may become applicable in rare instances with the addition other aggravating factors! Still, a simple DUI is never a felony in CO (aggravating factors might include: vehicular homicide, vehicular assault, DUI while HTO, etc).



I've added an exerpt from state law below. This is not the entire statute (which is long), but contains the first four lines of that statute:

"42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties.

(1) (a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in this state.

(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive any vehicle in this state.

(c) It is a misdemeanor for any person who is an habitual user of any controlled substance defined in section 12-22-303 (7), C.R.S., to drive any vehicle in this state. ..."



If you would like to see the entire text of the statute, click on the link:

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=




It may be worth mentioning that if you also refer to CRS 42-2-206 (Driving After Revocation Prohibited) you will see the one notable instance in which an otherwise simple DUI may become a felony: A Habitual Traffic Offender driving DUI (however, this offense is charged when the person is already HTO):

" ... (b) (I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:

(A) DUI or DUI per se;

(B) DWAI;

(C) Reckless driving, as described in section 42-4-1401;

(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;

(E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606; or

(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.

(II) Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section 18-1.3-401, C.R.S. ..."


Please excuse me if I sound at all argumentative in this post, as that is certainly not my intention. However, if we are going to keep a "Legal" section going on this forum, I feel that it is important to make sure that we provide factual information to other forum users. And, not unlike many other complex laws, there seems to be a lot of popular misinformation floating around about DUIs!

expvideo
February 3, 2009, 11:54 AM
It depends on the state. Some states do not disqualify people for non-violent offenses such as DUI, even if they are otherwise considered felonies.
Federal law dictates that felons can't own guns. So if they are felons, the state can't allow them to own guns, regardless of what the felony is.

Art Eatman
February 3, 2009, 01:48 PM
This has gone way off in wandering away from the OP.

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