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New gun buyer with DUI

Discussion in 'Legal' started by Prion, Feb 1, 2009.

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  1. Prion

    Prion Member

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    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?
     
  2. Vismund Cygnus

    Vismund Cygnus New Member

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    Is a DUI a felony? If it is, he's SOL.
     
  3. jad0110

    jad0110 Senior Member

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    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.
     
  4. alemonkey

    alemonkey Senior Member

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    I don't know about where you're at, but here at least a first offense isn't a felony.
     
  5. Old Fuff

    Old Fuff Senior Member

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    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.
     
  6. JochenWeber

    JochenWeber New Member

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    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.
     
  7. alsaqr

    alsaqr Senior Member

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    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
     
  8. ThrottleJockey

    ThrottleJockey member

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    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.
     
  9. Jeff White

    Jeff White Moderator Staff Member

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    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.
     
  10. usmarine0352_2005

    usmarine0352_2005 Senior Member

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    In MN your first DUI isn't a felony unless there's specific criteria met, ie, someone hurt or killed, endangered children and such.


    .
     
  11. ljnowell

    ljnowell Senior Member

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    My buddy that bought an xd the other day got a DUI 11 months ago. He'll be ok.
     
  12. Fifteen+1

    Fifteen+1 New Member

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  13. Prion

    Prion Member

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    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
     
  14. Elvishead

    Elvishead Member

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    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.
     
  15. moooose102

    moooose102 Senior Member

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    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.
     
  16. LKB3rd

    LKB3rd Member

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    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 .
     
  17. Davek1977

    Davek1977 Senior Member

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    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
     
  18. John828

    John828 Senior Member

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    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.
     
  19. expvideo

    expvideo Senior Member

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    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.
     
  20. coloradokevin

    coloradokevin Senior Member

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    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.
     
  21. Funderb

    Funderb Senior Member

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    having a DUI doesn't reflect well on the responsibility of the friend, IMO, but this country is well grounded in second chances.
     
  22. DeepSouth

    DeepSouth Senior Member

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    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.
     
  23. X-Rap

    X-Rap Senior Member

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    Something to think about if a National Standard carry permit is made law.
    The feds can always screw up things more than the states.
     
  24. expvideo

    expvideo Senior Member

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    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]
     
  25. Funderb

    Funderb Senior Member

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    ^ I hear that.
     
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