Depending on the type of offense, you might lose your constitutional right to own firearms.
California is known to have some of the strictest laws in the country when it comes to gun control. From so-called “red flag” laws to prohibitions on owning firearms if you have been convicted of certain crimes, it can be difficult to own a gun in this state — and easy to lose the right to do so.
One question that is often asked of Rancho Cucamonga DUI defense lawyers is whether a driving under the influence (DUI) conviction will result in losing the right to bear arms. The answer depends on a number of factors, including the type and severity of the underlying conviction.
As a general rule, a misdemeanor DUI conviction will not impact your ability to own, possess or buy firearms in the state of California. However, a felony DUI will bar you from buying, possessing, owning, and controlling firearms. While most DUI offenses are misdemeanors, understanding what qualifies as a felony DUI is critical to protecting your constitutional rights.
According to a Rancho Cucamonga DUI defense lawyer, a California DUI will be charged as a felony in certain circumstances. This includes if it is a DUI causing serious injury, if it is your fourth DUI within 10 years, if it is a new DUI with a prior felony DUI on your record, or if someone was killed as a result of the DUI. If a DUI results in a felony conviction, then it will lead to a complete ban on firearm possession under both California and United States (federal) law.
California and U.S. law both prohibit anyone convicted of a felony offense — including felony DUI — from owning, controlling or possessing a firearm. In addition, other people may be barred from firearm possession, including, but not limited to:
- Anyone subject to a restraining order for domestic violence;
- Anyone convicted of certain misdemeanors, such as assault or intimidating a witness;
- Anyone ordered by a court to not possess firearms as part of their probation conditions;
- Anyone who the court considers a danger to themselves as a result of a mental health condition;
- Anyone who is an illegal alien;
- Anyone who is mentally incompetent to stand trial, or who has been found not guilty by reason of insanity;
- Anyone addicted to drugs;
- Anyone who has been diagnosed as a mentally-disordered sex offender; and
- Anyone who is a fugitive from justice.
Although most California DUIs are charged as misdemeanors, there are some cases in which they are charged as felonies. Because a felony DUI conviction will not only impact your freedom, but your fundamental rights, it is vital to hire a skilled Rancho Cucamonga DUI defense lawyer to represent you if you have been charged with such a crime.
At the Chambers Law Firm, we are dedicated to providing top-notch criminal defense to all of our clients. We work hard to help our clients reach the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help you.
