Certain DUI offenses may lead to a classification as a “prohibited possessor.”
In the wake of the school shooting in Parkland, Florida, the topic of gun control has again been a topic of conversation across the country. Survivors of the shooting have organized walk outs, marches and other forms of political protest to ask politicians to enact stricter gun control on both a nationwide and state basis.
In California, we have some of the strictest gun laws in the nation. These laws are intended to keep our citizens safe, and keep guns away from anyone who is deemed a threat to public safety. In particular, California has created a list of crimes that will prohibit a person from possessing a gun, if convicted. These people are known as “prohibited possessors.” A prohibited possessor is barred from owning firearms and ammunition. As a Rancho Cucamonga DUI defense lawyer can explain, this may include certain people who are convicted of DUI offenses.
It may seem strange that someone convicted of DUI could have their constitutional right to bear arms taken away. Yet under the law, anyone convicted of either a felony or of offenses specifically listed in the California Penal Code are prohibited from owning or possessing a firearm for life.
According to a Rancho Cucamonga DUI defense lawyer, not all DUI offenses are felonies. DUIs are “wobblers,” which means that they can be prosecuted as either misdemeanors or felonies depending on the facts of the case. For example, if you were driving under the influence and killed another person as a result, that would likely be charged as a felony DUI. Many DUI cases are prosecuted as misdemeanor offenses. If you are convicted of a misdemeanor DUI, then you will not be prohibited from possessing a gun.
Another example of when a prosecutor may charge a person with felony DUI include when a person has 3 or more prior DUI or wet reckless offenses within the past ten years (known as the “lookback period”). In addition, if a person injures another person while driving under the influence, this may be charged as a felony DUI. Finally, if a person has a prior felony DUI conviction, he or she will be charged with a felony DUI — even if the current offense would otherwise be charged as a misdemeanor offense.
Being considered a prohibited possessor means that you lose your ability to possess a firearm or ammunition for life. Even after you have served your time, completed your probation or parole and paid your fines, you will still be unable to own a gun. This is just one way that a DUI can have serious repercussions on the rest of your life. A highly skilled Rancho Cucamonga DUI defense lawyer can work with you to help defend against felony DUI charges, protecting your freedom and your rights — including your second amendment right to bear arms.
Whatever side of the gun control debate your all on, we can all agree that the state should be held to its burden of proof when it comes to criminal charges and taking away individuals’ constitutional rights. A seasoned Rancho Cucamonga DUI defense lawyer can craft factual and legal defenses to California DUI charges, and obtain the best possible outcome based on the facts of your case.
If you have been charged with a California DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
