Can a DUI Stop Me From Buying a Gun in Arizona?
Not every DUI charge is equal. Various DUI charges will not affect you from buying a gun, whereas others will prevent you from obtaining a firearm. Many people wonder that if they have a DUI charge on their record if they can legally buy a gun in Arizona.
If you were driving under the influence and caused a fatality, injury, or driving with a child in the car, you will likely be charged with a felony conviction. Anytime you have a felony conviction on your record your rights are stripped, including rights to own a gun. Also, you will have a DUI felony charge if you have had more than three DUI convictions over the past seven years. With a DUI misdemeanor charge, most likely you will be able to obtain a gun as long as you are not sentenced to jail time.
In this article, we will explain just what crimes will prevent you from obtaining a gun as well as how the entire process works in Arizona.
Can a DUI Stop Me From Buying a Gun in Arizona?
In Arizona and many other states around the country, there are certain people that have committed crimes that fall into the category of prohibited possessors. Simply put, a prohibited possessor does not have the option to own or buy a gun legally. Many times prohibited possessors are harmful to themselves or others or have committed a slew of crimes.
Not every crime automatically classifies you as a prohibited possessor, and many times it will vary from case to case. When it comes down to it if you have been convicted of a felony, are currently serving jail time, are harmful to others(including being convicted of domestic violence), or on parole, you will not be allowed to buy a gun. If you are convicted of a DUI without any of the above situations, then you are more than likely allowed to own a gun in Arizona.
The difference is if you are convicted of a DUI and charged with a felony charge. This could mean you have had more than 3 DUI charges within seven years. There are a variety of other DUI situations that can land you with a felony charge instead of a misdemeanor charge. If you are driving under the influence with a child in the car or you cause bodily harm or even death, then you will likely be convicted and charged with a felony DUI charge.
With a felony DUI charge, you cannot apply for or own a gun in the state of Arizona.
What Misdeamnors Prohibit Gun Ownership In Arizona?
As mentioned earlier, there are certain crimes no matter what, that prohibit you from owning a gun in the state of Arizona as well as throughout the country. They included, but are not limited to, the following.
- Domestic Vioience Charges
- Military discharged dishonorably
- Charges with Jail Time
- People who are in the US illegally
While the law will vary from state to state, most of the time, these rules apply throughout the country.
Your first offense misdemeanor charge without anything mentioned above will not take away your right and wil allow you to apply and carry a gun. If you are convicted and charged with any type of felony or domestic violence misdemeanor, your rights will be taken from you, including the right to apply for and own a gun.
What Happens if You Are a Felon with a Firearm in Arizona?
If you have a DUI conviction, that is a felony charge, and you are in possession of a firearm, you could face more felony charges. A felony in possession of a firearm can result in a class 4 felony charge along with 2.5 years of jail time.
With a felony charge of possession of a firearm on top of a DUI charge, you need to reach out to an Arizona defense attorney as soon as possible. An Arizona attorney can guide your next steps and ensure all the bases are covered for you moving forward.
How Far Back Does A Gun Backgroud Check Go in Arizona?
Typically for any type of background check in Arizona, the lookback period is around seven years. That means that if you have a charge on your record from 20 years ago, it will likely not show up on ar background check. Certain counties can also enforce criminal background checks to cover a longer amount of time, depending on the rules their county adheres to.
Applying for a gun in Arizona means you will need to be over 18 for a long gun and over 21 for a handgun. You will also need to fill out an application. Once an application is run, your driver’s license ID will be run for a background check.
How Does A Gun Backgroud Check Work in Arizona?
When you apply for a gun in Arizona, you will likely get one of three answers. Proceed, which means there is no issue, and you can go ahead and purchase the gun. Delay means the sale needs to be delayed three days while some issues are cleared up, and deny means you cannot buy the gun.
When a federally licensed firearm business in Arizona wants to conduct a background check, they will call the FBI directly and will then proceed with whether or not that person is approved to move forward with a gun.
If you have a knowledgeable attorney on your side, some charges can be set aside. While a set aside does not completely remove a charge from your record, it will be shown as a charge that has been dismissed.
By working with an attorney to get certain DUI charges set aside, you can have many of your rights restored, including buying a gun in Arizona. DUI charges that don’t involve death, injury, children in the car, and multiple charges within seven years have the potential to be set aside.
What Steps to Take When you Get A DUI in Arizona?
If a misdemeanor charge on your account may be hindering certain rights like obtaining a gun, you need to speak with an Arizona attorney.
An attorney can help minimize the criminal record on your background check by working to make your criminal past harder to uncover. This is especially true if you committed a crime, it was your first offense, and you took all of the necessary steps that you needed to when you were convicted.
Working with an attorney will have someone who understands the law will help give you a firm foundation and help establish your rights and take steps to help you move forward. Besides making buy a gun a lot more difficult, a criminal background check can affect other aspects of your life.
Conclusion
When it comes down to it, DUI charges are different for each person and will vary from case to case. Depending on your case, you could be facing felony or misdemeanor charges. Felony charges can include DUIs that caused injury or death, happened multiple times within seven years, including children in the car, and more.
If you have a felony DUI charge, you cannot obtain a gun legally. When you have a misdemeanor charge without jail time, you are more likely to be able to get a gun legally in the state of Arizona.
No matter what, you need to make sure to reach out to an Arizona attorney for guidance and direction. Also, an attorney can help get certain charges set aside from your record for good.
