When you are charged with DUI charges, the penalties depend on your previous convictions and your blood alcohol content (BAC) level. Pennsylvania law plays a crucial role in restricting gun rights following DUI charges, as Title 18 Pa.C.S. 6105(c)(3) states that your right to carry and purchase a firearm is restricted if you are charged with three DUIs in a five-year period.
A DUI is a serious offense and can have consequences that affect your job, relationships, and freedom. Federal law, enforced by the federal government, further complicates the situation for those convicted under DUI charges, imposing a lifelong firearm prohibition for certain misdemeanor convictions and prohibiting individuals under indictment from possessing firearms. This includes cases where the federal Bureau of Alcohol Tobacco Firearms and Explosives plays a role in enforcing the ban, especially in situations dictated by the seriousness of the DUI conviction as seen in the opinion of the U.S. Court of Appeals. Because first and second DUIs are labeled as misdemeanors, your right to purchase a firearm is not restricted unless your DUI was considered a felony. If you have been convicted of a DUI and need legal representation or advice about past convictions, contact an experienced DUI attorney in Pennsylvania.
What Is the Difference Between a Misdemeanor DUI and a Felony DUI?
In Pennsylvania, if you have more than two DUIs in five years or were convicted of a felony DUI, you are unable to purchase or carry a firearm. If you only have one DUI, but it is considered a felony, your rights are restricted. Especially if the DUI is classified as a first degree misdemeanor, it can trigger federal firearm prohibitions, potentially resulting in a lifelong ban on possessing firearms.
Most DUIs in Pennsylvania are considered misdemeanors, but if serious injuries or death are caused during the accident, the DUI is considered a felony. Under 75 Pa.C.S.A. § 3803, you can be charged with a felony DUI if you are convicted of two DUIs within the last 10 years and a minor under the age of 18 was in your vehicle at the time. Restrictions on firearm possession also apply to individuals with certain misdemeanor convictions, particularly those related to DUI charges, highlighting the potential lifelong firearm prohibition under federal law for these offenses.
When charged with a DUI in Pennsylvania, the penalties are based on the three-tiered system. Depending on your number of DUI convictions and your BAC, your restrictions and repercussions will vary. Still, if there was no serious injury or death, the DUI is considered a misdemeanor, and you are able to keep the right to purchase and carry a firearm. However, the severity of the maximum sentence for a DUI charge can trigger federal firearm prohibitions, preventing a person from ever possessing a firearm again. Additionally, second or subsequent driving under the influence offenses are graded in severity based on blood alcohol level, with convictions in the highest penalty range triggering federal firearm restrictions, thereby preventing a person from possessing a firearm again.
Can I Have My Gun Rights Restored after a PA DUI Conviction?
A person convicted of a DUI, facing a criminal conviction, can seek to restore their right to firearms through a pardon. This process involves the Pennsylvania Governor’s Board of Pardons reviewing the case to forgive the criminal conduct, including the severe consequences a DUI charge can have on the right to possess firearms. Certain misdemeanors, such as DUI offenses, can lead to a loss of firearm rights under both state and federal laws due to the criminal conviction. However, individuals can seek a Governor’s Pardon to restore gun rights, provided their DUI convictions are not linked to severe injuries or death. Understanding one’s criminal records is crucial in this process, as it impacts the ability to seek expungement or a pardon effectively.
Those with felony DUIs causing severe harm or death are ineligible for a pardon, as federal laws prohibit firearms ownership for individuals with such convictions. Additionally, a pending DUI charge can complicate the restoration of firearm rights significantly, as both state and federal laws restrict individuals with pending DUI charges from purchasing or possessing firearms. This underscores the severity of the penalties and the potential long-term consequences of such charges on an individual’s rights. Despite these challenges, seeking a pardon remains a viable option for setting aside the conviction and potentially restoring firearm rights, including the possibility of nullifying the conviction through a pardon to restore firearm rights fully.
When Should You Contact a DUI Attorney for Legal Guidance?
If you are dealing with a DUI felony or a third DUI conviction, a crime punishable by severe legal consequences, a DUI defense attorney will significantly increase your chances of less severe penalties. The legal proceeding can be complicated, but with legal guidance from an experienced attorney, you will have someone to answer questions and stay by your side. When you work with a DUI attorney, they can help with the following:
- Research and gather evidence for the case
- Help formulate a plea
- Examine witnesses
- Analyze the prosecutor’s case
- Assess the potential sentences
Understanding the significance of a second or subsequent offense is crucial in determining the need for a DUI attorney, as these cases often involve more severe penalties and potential restrictions on rights.
Contacting an attorney is crucial and should be a top priority for those encountering a DUI conviction. The sooner you speak with an experienced attorney, the more time they have to collect the necessary information for your case.
Call Experienced Pennsylvania DUI Lawyers at Rubin, Glickman, Steinberg & Gifford
The right to bear arms is a fundamental right, and when that is taken away from you due to past actions, such as a DUI conviction, it can significantly impact your gun ownership rights and leave you feeling frustrated. Our team at Rubin, Glickman, Steinberg & Gifford has over 65 years of experience advocating for clients to protect this crucial right. We understand how essential your right to bear arms is when participating in recreational activities and community events, and we are aware of the federal government’s role in enforcing laws that can affect your ability to own a gun after a DUI conviction.
With strong communication and an unyielding determination, our team has built a network of trusted individuals to help you achieve the best possible outcome for your case.
Contact 215-515-5587 or fill out our online contact form for a free consultation.
