Can I still carry a gun even if I was convicted with DUI? 47 Answers as of June 19, 2013

For security reasons I wanted to purchase a gun. However, I previously have a DUI case. Can I still carry a gun even with a previous conviction? What can I do so I get to have a license to carry firearms?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A DUI conviction unless it is a felony should not impinge on your right to own a firearm. Carrying one is something else again.
Answer Applies to: California
Replied: 6/28/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
You don't lose your right to carry a gun for a misdemeanor DWI, but employers frown on DWI's.
Answer Applies to: Louisiana
Replied: 3/2/2012
Connell-Savela
Connell-Savela | Jason Savela
Yes but bond conditions may preclude that while on bond concealed weapon permit may be more difficult to attain .
Answer Applies to: Colorado
Replied: 3/1/2012
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
A DUI should not stop you from a license to carry a firearm. It is convicted felons that cannot own firearms. Generally, unless there was an accident and/or injuries involved, a DUI is a misdemeanor.
Answer Applies to: Florida
Replied: 2/29/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
The ability to carry a weapon in the District of Columbia is severity restricted and you need to consult an attorney regarding carrying gun.
Answer Applies to: District of Columbia
Replied: 2/29/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It depends on how old the DUI is. It can keep you from carrying a gun with a certain number of years. You should go to the county clerk and there is a book they give you that outlines all the convictions that restrict you from getting a license.
    Answer Applies to: Michigan
    Replied: 2/29/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    The issuers of Illinois FOID cards have been known to revoke or deny issuance because of a DUI. Nothing stops you from applying to find out.
    Answer Applies to: Illinois
    Replied: 2/29/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Most likely, yes. However, make sure your probation does not prohibit it. A DUI is typically a misdemeanor and has no effect on gun ownership.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    So long as it was not a felony DUI conviction and so long as you aren't under some sort of supervision.
    Answer Applies to: Montana
    Replied: 2/29/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    In Oregon, a DUI can be charged as either a Misdemeanor or a Felony (dependent on the facts of the case and number of DUIs in the past). If this was a misdemeanor DUI conviction it is likely that it would not interfere with your right to purchase or possess firearms. If you have more specific questions regarding gun rights you may contact the Oregon Firearms Federation or contact a local Gun Rights Attorney or Gun Right Restoration Attorney.
    Answer Applies to: Oregon
    Replied: 2/29/2012
    Law Office of Jason D. Baltz | Jason Daniel Baltz
    As long as the OWI conviction was not a felony, there should be no barrier to purchasing a gun.
    Answer Applies to: Wisconsin
    Replied: 2/29/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Carrying a gun, yes, as long as there are no felony convictions. As for your CHL, it depends on when your conviction was. You can't get a CHL for 5 years after a misdemeanor conviction.
    Answer Applies to: Texas
    Replied: 2/28/2012
    Law Office of Patrick Lewis, LLC | Patrick M. Lewis
    One conviction for DUI, alone, will not make someone a "prohibited person" under federal definitions. A probation might have a condition that a person not possess a firearm. Get a copy of the Attorney General's form for concealed carry and compare that to the date and type of your prior conviction.
    Answer Applies to: Kansas
    Replied: 2/28/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A single DUI conviction is not an absolute bar to your possession of a firearm. On the other hand, if you are applying to a local police department for a permit allowing "concealed carry", you will likely face additional scrutiny from the local authority but it should not stop you.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    As long as a prior conviction is not a Felony or a domestic violence offense you may carry a gun. If you want to carry a concealed weapon then you would generally apply with your local police or sheriff dept.
    Answer Applies to: Nebraska
    Replied: 2/28/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Look up your local firearm's licensing possession laws for an answer to this question.
    Answer Applies to: New York
    Replied: 2/28/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes, I think you can.
    Answer Applies to: New York
    Replied: 2/28/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    A misdemeanor such as OWI/DUI should not affect your ability to own a gun or secure a concealed weapons permit.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Yes, a DUI will not prevent you from being licensed for a handgun in general. However, if the conviction occurred in Massachusetts, you may run into trouble.
    Answer Applies to: New Hampshire
    Replied: 2/28/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You can carry a gun if you have DWI conviction provided that you are not a convicted felon or have any other disqualifying convictions on your record.. I think that you are asking if you can carry a gun concealed in NH and that requires a permit. You can apply for a concealed weapons permit at your local police department.
    Answer Applies to: New Hampshire
    Replied: 2/28/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Unless you were convicted of a felony, you likely are still allowed to possess firearms. Contact your local sheriff's office for an application for a concealed handgun license, and I'm sure they can also advise you as to whether you are actually legally permitted to have such a license.
    Answer Applies to: Oregon
    Replied: 2/28/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Was it a felony or misdemeanor?
    Answer Applies to: Kansas
    Replied: 6/19/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    DUI has nothing to do with the right to own a fire arm.
    Answer Applies to: California
    Replied: 2/28/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Not if you are charged under the firearms code with possessing a firearm with any bac.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Ayodele M. Ojo & Associates
    Ayodele M. Ojo & Associates | Ayodele Mayowa Ojo
    If you do not have felony DUI conviction or any Other felony conviction. You should be able to get a permit to own a gun.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    In Arizona you can so long as you were not convicted of a felony (Aggravated DUI).
    Answer Applies to: Arizona
    Replied: 2/28/2012
    Attorney at Law | Ernest Krause
    The Sheriff in your county is probably the one who determines who can carry a (concealed) gun. Check there. If the answer is no ask for the legal authority that supports his decision. Of course, you can always google the topic and see what you come up with.
    Answer Applies to: California
    Replied: 2/28/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You cannot get a permit if you have a felony conviction. If you have a misdemeanor you may have to retain an attorney to get a permit. You have to list all the details of your arrests and convictions and that will be taken into consideration in your application.
    Answer Applies to: New York
    Replied: 2/28/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, if you were convicted of aggravated DUi, or any other felony offense, you should be eligible for a FOID card. Apply with the illinois state police, and they will tell you if you are able to obtain an FOID card, I am pretty sure you are, if the DUI was charged as a misdemeanor.
    Answer Applies to: Illinois
    Replied: 2/28/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The only charges that carry firearm restrictions are felonies, assaults, and domestic-related convictions.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Under both state and federal law any felony conviction bars you for life from owning or possessing firearms and ammunition. Typically a DUI is a only a felony in an accident injury case. Check your court records. FYI, just because you can BUY a gun does not mean you can CARRY a gun concealed in CA. You would need a CCW to do so, and their availability varies widely by locale. Urban county sheriffs seldom grant them. Rural area sheriffs are generally less restrictive. Because of recent changes in the law, you can NOT carry a gun open in plain sight either.
    Answer Applies to: California
    Replied: 2/28/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Generally, the OUI laws have no effect on gun carrying rights in Maine, although it could affect your concealed weapons permit, if you have one.
    Answer Applies to: Maine
    Replied: 2/28/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes.
    Answer Applies to: Colorado
    Replied: 5/30/2013
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    To get a concealed carry license in Georgia, you have to apply at the probate court for the county where you live. A DUI conviction is not necessarily a disqualifier, but don't lie about it if asked.
    Answer Applies to: Georgia
    Replied: 2/28/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If the DUI was a misdemeanor, you do not have any restrictions regarding possessing a firearm, if the DUI was a felony then yes there is a prohibition to own, possess or control a firearm.
    Answer Applies to: Kansas
    Replied: 2/28/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes. A DUI convcition will not affect your ability to carry a firearm unless it is a felony offense.
    Answer Applies to: West Virginia
    Replied: 2/28/2012
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    As long as you do not have a felony conviction you should be able to apply for a gun permit. You can seek out your counties sheriff's office to apply.
    Answer Applies to: New York
    Replied: 2/28/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    As long as it was a misdemeanor conviction and you are otherwise in good standing now, you can still own a gun. Be careful about carrying a gun if you are not permitted, or else you will bring on new troubles for yourself.
    Answer Applies to: California
    Replied: 2/28/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    To legally carry a gun in michigan you must possess a valid concealed pistol license. One DUI conviction does not necessarily prohibit you from obtaining a CPL. However, there is a catch all pro vision in the c p l statutes that allows the county gun board to Deny a CPL to anyone based on any information as it deems appropriate.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Andersen Staab PLLC
    Andersen Staab PLLC | F. Dayle Andersen
    Misdemeanors, such as DUIs have no affect on your right to purchase a firearm.
    Answer Applies to: Washington
    Replied: 2/28/2012
    Russman Law
    Russman Law | Ryan Russman
    The answer is, it depends on the police chief in your town where you would apply for a permit to carry a concealed weapon.
    Answer Applies to: New Hampshire
    Replied: 2/28/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes.
    Answer Applies to: Nevada
    Replied: 5/30/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for DUI, as long as it is not a felony conviction, should not disqualify you from owning or possessing a firearm. However, there may be conditions of probation or pretrial release where you are not allowed to have a firearm in your possession. Additionally, it is illegal for a person to have a firearm in their possession if they are addicted to alcohol (or drugs).
    Answer Applies to: Alabama
    Replied: 2/28/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Owning/purchasing a firearm is different than a permit to carry. First - a misdemeanor DUI conviction will not preclude you from purchasing or possessing a firearm. Next - every county in California has their own rules for concealed weapons permits. Some are fairly easy to get one (the "shall issue" counties where everybody who does not have a disqualifying criminal offense that applies gets a permit) to other counties like Los Angeles where it is next to impossible to get one. If you are still on probation or your conviction is recent, you may get turned down. Do a little online research regarding the county where you live.
    Answer Applies to: California
    Replied: 2/28/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    A DUI conviction will not disqualify you from owning a firearm. If you intend to carry the gun outside your home, you must obtain a concealed firearms license. Your local Sherriff's Office can assist you in applying for the license. The cost is around $50 and you must be fingerprinted. It is a good idea to take a firearms safety class. It's an even better to take a tactical firearms class so you know how to defend yourself safely. Be aware that the license allows one to carry a concealed firearm. Once you have the license, be aware that the pistol must be carried on your person. Driving down the street with a loaded firearm in a backpack or briefcase is still illegal. You should also be aware that the license is only good in Washington State and in those states that have reciprocity with Washington. Oregon is not one of those states. Most importantly, you need to bear in mind that a gun cannot be carried into any Federal Building, including post offices. Guns are also banned on school grounds and in jails, mental hospitals and police stations. Owning and carrying a gun involves a great deal of responsibility. You need to understand the law of self defense for any state where you carry. You need to be familiar with the concept of use of force, excessive force and the use of force continuum. A firearm is a precision instrument. It is designed to fire bullets as long as you maintain it regularly. Nobody is born knowing how to shoot. Police go through weeks of firearms training before they are allowed to carry a gun. For liability reasons, both civil and criminal, it is prudent to take safety and tactical training. It is also a good idea to be knowledgeable about your weapon and its features. Invest in a good holster. You want one that stays open after your draw. My favorite holsters are made by Galco and Blackhawk. I'm particularly happy with the Blackhawk SERPA holster because it has a built-in retention feature that helps if a criminal attempts to snatch your gun. Carrying a firearm in public is a awesome responsibility. The last thing you want to do is shoot an innocent bystander. Know the rules of safe gun handling and the tactics an armed citizen needs to employ to stay alive in an armed confrontation. Lastly, if you carry a gun, learn to avoid conflict. Learn how to deescalate tense situations. Firing a gun should be a last ditch option. It is better to ignore insults and your default position should be to walk away from conflict. Lastly, alcohol and gunpowder don't mix. In fact, it is illegal to take a gun into any 21 and over establish whether you have a license to carry or not. It is also illegal to possess a firearm with a BAC of .08 or higher. The smartest thing to do is to avoid alcohol while carrying in public. If nothing else, it can affect your motor skills, judgment, vision and perception. If you're going to carry a gun, you owe it to yourself and the people around you to be sane, sober and in control. Otherwise, you might find yourself in prison or at the very least, being sued for everything you own.
    Answer Applies to: Washington
    Replied: 2/28/2012
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