Gun purchase question.

[Waffen]

I have a question about purchasing a gun; however I think I need to provide a little history so you can better answer the question.

I was ticketed for DUI when I was 18 years old. I just got a ticket I did not go to jail because I was clearly not intoxicated, however being under 21 it was an instant DUI. Witch is a class C misdemeanor. I was stupid back then, and did very irresponsible things. Soon after I received this ticket I changed my ways and am now about at strait edge as you can get. I quit drinking, started working 45+ hours a week, and now am just addicted to shooting and reloading.

Either way, I contacted a lawyer, and waited for a court date, and waited, and waited, and waited more. I waited until 1 year had passed, and called my lawyer. He said that the court had no record of the ticket, and had nothing listed under my name. He seemed to think that the ticket had been lost and nothing would come of it. I was relieved to say the least, I had learned my lesson, and was glad I wouldn't have to go through paying fees, and community service.

Until today, 3 days before statute of limitations ran out for them to file, they filed. I now have a court date of Sept 6th. Much to my dismay my lawyer gave me a call, and said I have a pre-trail meeting. I realize I need to face the piper, and am willing to do this, however dismayed I am with my past actions.

Here is my question, assuming I am convicted/plea to any of these charges, will I be able to purchase a gun? I can certainly live with jail time, community service, and fines, however I don't know what I would do if I couldn't shoot/reload anymore. It has pretty much taken over my life, and I would hate to loose it over something as stupid and childish as what I did.

Any insight would be appreciated. Also, please don't tell me I did something horrible, I know I did, and I apologize for it. I just feel so stupid. :banghead:

 

[JoeG52]

Sounds like something you should ask your lawyer.

 

[Eightball]

If you haven't been convicted yet, then maybe you should buy up what you can, while you can . Good luck with that.

 

[chink]

Not sure how it works in Texas, I am also not a lawyer, so you should definately ask someone who is in Texas and is a lawyer.

But in California, a conviction for misdemeanor DUI does not prevent you from owning or purchasing firearms. I asked the Sheriff that arrested me from the backseat of the patrol car if they would be taking away my guns and he said "No". Then about 2 years after I was arrested, I went through the process of purchasing a Ruger MKII and passed whatever checks are done in CA during the 10 day waiting period

 

[sumpnz]

Does the penalty for DUI in TX include the possibility of more than 1 year in jail? If not, you should be OK (IANAL, YMMV, FWIW, etc). A guilty plea/verdict might prevent you from getting a CCW for some period of time though. Whatever you do, don't plead to a felony, or any misdemeanor where the penalty could theoretically exceed 1 year.

If you decide to plead out, make sure you find out first what the longest possible sentance is even remotely possible for the crime. Don't take even the lawyer's word for it. Make him/her show you the relavent statute. Even if that maximum sentance is less than 1 year make the lawyer look up whether that conviction would still bar you from gun ownership through something stupid like a DUI equivalent to the Lautenberg DV prohibition.

Lawyers may be a blight on our society in many ways (present company excepted), but when you need them it is the best money you can spend. Don't skimp by getting a cut-rate lawyer (even if this means firing your current one to get a better one).

If you haven't been convicted yet, then maybe you should buy up what you can, while you can .

Bad advice. If Waffen becomes a prohibitted possesor becuase of this, simply owning any guns can get him in MUCH bigger trouble (i.e. lengthy sentance in the Federal Pound Me in the Sphincter Prison).

 

[Carlos]

I don't know about Texas but Oregon, for instance, would give you, a first time offender, a chance to enter into diversion. This means, you take and complete classes and the charges are dropped. Woe to thee that gets a second arrest.

Inquire about this with your lawyer. If he's court appointed, he's not going to do anything he doesn't have to. So, get on his A$$.

Good Luck.

 

[Waffen]

My lawyer is a good one. I paid him 700 dollars for just the DUI conviction. He seems to be pretty good, and has contacted me when nessisary.

 

[Bear Gulch]

Usually DUI is a misdemeanor not a felony. Drunks can buy guns, felons cannot.

 

[CB900F]

Waffen;

You did not state the period that's elapsed between getting the citation & the notice of court date. It's relevant. It's the 'right to a speedy trial' thing. I suspect that if your lawyer shows that the state waited till the last tick, AND you can prove what a good boy you've been, the judge will throw it out. That's presuming that the interval is months rather than, say, a week. See what I mean?

900F

 

[Waffen]

CBR, I am not really trying to get out of this, in fact I think it's important I own up to it. I get sick and tired of people trying to dodge charges on simple technicalities, however I doubt the courts would really care, I always thought of them as all business.

Either way, I hope it helps that I haven't even had a speeding ticket since then.

Like I said, I am a strait edge boring guy now. I just go home and reload. IMR4064 and IMR4350 excite me now instead of Budweiser and Jim Beam for all you people younger or older than me, learn from my mistake. DO NOT DRINK AND DRIVE, EVEN A LITTE. Also if you're under age, just don't drink. Save all that for when you are older. I can't stress enough how bad it feels when Johnny Law brings you back to reality.

 

[armedandsafe]

You did not state the period that's elapsed between getting the citation & the notice of court date. It's relevant. It's the 'right to a speedy trial' thing.

Let's see. You got the ticket when you were 18. You are now over 20, so that means they have waited 2 years to get around to taking action. If you bring this to the Judge's attention, along with the fact you have seen the light (bring witnesses) you will almost certainly get off with a reprimand. This is NOT getting off on a technicality. This is bringing to light the fact that the ticket and TWO years of supense has been enough punishment and that has had its intended purpose. What the cops and the Judge want is to put you on the right path so they won't have to mess with you any more. What the DA wants is to fatten his success record. What you want is a resolution to the matter. Everybody gets what they want. Go and sin no more.

Pops

 

[mmike87]

I think in most states a misdameanor does not disqualify you.

Regardless, it sounds to me like you were denied your right to a speedy trial. I would move for a dismissal. Two years for a misdameanor offense is pretty stupid, IMO.

No I am not a lawyer, but I did stay at a Holiday Inn Express one night ...

 

[dakotasin]

don't worry about it. go in, pay your dues, and remain clean and you have nothing to concern yourself about.

 

[North Texan]

I'm in law school, and one of my friends here works at the DA's office. He was talking about some of the drunks in videos and we were getting a good laugh over it. He said something about a pretrial deferral or something (can't remember exactly what he called it), and said if we ever got hauled in, ask the DA's office about it. It is deal the DA's office makes with people that requires more work than probation, but keeps it off your record.

 

[JohnKSa]

Traffic tickets are Class C Misdemeanors.

If it's really a Class C Misdemeanor it will not disqualify you from purchasing or owning a firearm. In fact, it won't even disqualify you from getting a CHL.

Here's the 411. Yup, the part of the Texas Statutes referring to license eligibility is really Section 411. Note that felonies, Class A and B misdemeanors will disqualify you, but not Class C.

§ 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed[0] handgun[0] if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or
Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun[0];
(8) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
an offense under Section 42.01, Penal Code;
(9) is fully qualified under applicable federal and
state law to purchase a handgun[0];
(10) has not been finally determined to be delinquent
in making a child support payment administered or collected by the
attorney general;
(11) has not been finally determined to be delinquent
in the payment of a tax or other money collected by the comptroller,
the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;
(12) has not been finally determined to be in default
on a loan made under Chapter 57, Education Code;
(13) is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;
(14) has not, in the 10 years preceding the date of
application, been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony; and
(15) has not made any material misrepresentation, or
failed to disclose any material fact, in an application submitted
pursuant to Section 411.174 or in a request for application
submitted pursuant to Section 411.175.
(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's
application for a license to carry a concealed[0] handgun[0]:
(A) is designated by a law of this state as a
felony;
(B) contains all the elements of an offense
designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or
more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a
felony and confinement in a jail other than a state jail felony
facility is affixed as a possible punishment.
(c) An individual who has been convicted two times within
the 10-year period preceding the date on which the person applies
for a license of an offense of the grade of Class B misdemeanor or
greater that involves the use of alcohol or a controlled substance
as a statutory element of the offense is a chemically dependent
person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude
the disqualification of an individual for being a chemically
dependent person if other evidence exists to show that the person is
a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable
of exercising sound judgment with respect to the proper use and
storage of a handgun[0] if the person:
(1) has been diagnosed by a licensed physician as
suffering from a psychiatric disorder or condition that causes or
is likely to cause substantial impairment in judgment, mood,
perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition
described by Subdivision (1) that:
(A) is in remission but is reasonably likely to
redevelop at a future time; or
(B) requires continuous medical treatment to
avoid redevelopment;
(3) has been diagnosed by a licensed physician or
declared by a court to be incompetent to manage the person's own
affairs; or
(4) has entered in a criminal proceeding a plea of not
guilty by reason of insanity.
(e) The following constitutes evidence that a person has a
psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the
preceding five-year period;
(2) psychiatric hospitalization in the preceding
two-year period;
(3) inpatient or residential substance abuse
treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a
licensed physician that the person is dependent on alcohol, a
controlled substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that
the person suffers or has suffered from a psychiatric disorder or
condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness,
brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has
previously been diagnosed as suffering from a psychiatric disorder
or condition described by Subsection (d) or listed in Subsection
(e) is not because of that disorder or condition incapable of
exercising sound judgment with respect to the proper use and
storage of a handgun[0] if the person provides the department with a
certificate from a licensed physician whose primary practice is in
the field of psychiatry stating that the psychiatric disorder or
condition is in remission and is not reasonably likely to develop at
a future time.

 

[atblis]

What's wrong with you people?

If you can get out of it, do it. The right to a speedy trial thing sounds good to me. If your lawyer isn't enthused about it, find a new lawyer. Your not paying him to be your friend and hold your hand in court.

 

[Mauserguy]

Atblis is right. Get out of it if you can!

You are a young guy, smart, and probably a good worker, but I have been in a hiring manager's position, and if I see that you have a record, I don't care what kind, I will not hire you. It is simply not worth the risk of a law suit should there be some inter-office problem in the future.

Keep as much off of your record as you can, not just because of the guns, but because of your future career.
Mauserguy

 

[wdlsguy]

Texas Penal Code § 49.04. DRIVING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsection (c) and § 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

 

[paul]

...and take spelling lessons.

 

[Aguila Blanca]

The fact that they have invited you in for a pre-trial meeting is a positive sign. A pre-trial is NOT a trial, it is a discussion (maybe in front of a judge, maybe not), but it is not a trial and no conviction can come out of it. They'll offer you a deal to avoid going to trial, and you and your attorney can make a counter-offer ... or you can tell the prosecutor to pound sand.

The prosecutor probably realizes that he/she screwed up and wants to discuss with your attorney just how hard the attorney is going to work to make the prosecutor look like the idiot he/she is in court. So very likely you'll be able to come out of the pre-trial with an agreement that won't bar you for owning guns. If the period of time that has elapsed has indeed been years, I would not hesitate to play the "right to a speedy trial" card. Show the prosecutor that you have used that time to reform your feckless ways, and he/she may just drop the charges rather than try to explain to a judge why he/she waited two or three years before taking action to remove an alleged drunk driver from the highways.

 

[22-rimfire]

Under no circumstances should you simply lie down and pay your dues to society. You insurance carrier will drop you (if it is a major insurance company such as Allstate, State Farm, etc). You insurance rates will increase for 5 years. Every time you apply for a job, you will have to tell. You do NOT want a conviction. Spend extra money with your attorney if you have to.

Sounds like they have no breath data. Hopefully your attorney will get it dropped.

DUI's are not felonys. You can purchase and own guns. Other charges can be lumped onto a DUI if you have multiple convictions which may become a felony. Try to get it dropped entirely!!! It's important.

 

[Waffen]

Thanks for the advice guys. I will be sure to bring the issue about "Right to speedy and fair trial" up. It was quite annoying to get that call

Hopefully this lawyer is worth what I paid. As for it affecting my career, I am with an employer that I plan to stay with for many years to come, as long as they don't instantly fire me I don't see how it would matter. This happened 2 years ago so I don't see how this would matter.

 

[Mauserguy]

Hey Waffen,
I know that you like your current employer, but things happen, and most job applications ask if you have ever been convicted of a crime, not just in the last couple of years. What if your employer closes the plant? You will look for a new job at some point in your life, and a conviction, even a minor one, will mean that you will lose job opportunities, and probably get paid less if you do get a job. When you are married with kids, this stupid indiscretion will haunt you. Fight this like a pit bull on a burglar.
Mauserguy

 

[22-rimfire]

One thing I forgot to mention... you will lose you license if convicted-first offense. You will have to get a special drivers license for (I believe) one year where in you can ONLY drive back and forth to work. You will not be able to drive company vehicles. No exceptions if you are caught. It is marked very boldly on your drivers license and there is a penalty typically with the drivers license folks... an extra $50 (at least in my state) and you will probably have to take your drivers test again.

Fight it strenuously since it was so long ago. Also, if there is blood alcohol or breatherlizer data, the standards which define when you are legally intoxicated have been lowered in many states. States treat DUI's very seriously due to the high incidence of traffic accidents with DUI's.

All of the start dates for the various increased insurance costs and the time start when you are convicted, not when you were caught. Jail time starts at the conviction date and it is frequently a week for the first offense. If you have not had a problem since the original infraction, again fight it strenuously. Most people show no mercy when it comes to DUI's.

I have heard that if you have a Concealed Carry license, you will loose it. If things are as you say, you do not need any of this and you have already paid your debt to society by being a good boy!

 

[Waffen]

Well, I was under the impression that my license was already suspended; the officer took my license during the stop. He issued me a "20 day paper license" and said that after it expired I had lost my license for a year. Now it's a year after the suspension suposedly ended.

The officer did not know that my license was up for renewal and one was in the mail at the time of the stop. I have used that one ever since. Now I believe I really need to get that checked out.

I have been stopped after the DUI, but never received a ticket or any warning about my license. I will certainly look into it.

I hope the courts have the same opinion of me as most here seem to. I really have turned my life around witch is good for me no matter what the courts say, however I hope they realize it too.

As long as I can still shoot and retain my job I should be OK. Since I have a lawyer, and the offence happened so long ago I would be very upset if I had to serve jail time, however I did still comit a crime and would serve it.

Thanks for all you're help guys. If any of you care to share similar expirences it would sure warm my soul a little.

Mike