Hagar and Phillips - Can I Purchase a Gun if I Have a DUI Conviction

Can I Purchase a Gun if I Have a DUI Conviction

In most instances yes, a person can purchase a gun even if they have a DUI conviction. The exception to this is someone who has four or more DUI convictions. There are certain types of crimes that prohibit a person from purchasing a firearm: (1) any felony conviction and (2) any crime of domestic violence. Most DUI convictions result in misdemeanor convictions and, of course, a DUI is not a crime of domestic violence.

First, Second, Third Time DUI Convictions

However, some persons who are recidivist DUI offenders may receive a felony sentence. For example, if you are convicted of a DUI conviction for the first, second, and third time, you will receive a misdemeanor conviction. However, if you are convicted of a fourth or more DUI, then you will receive a felony sentence. A fourth-offense DUI is a Class E felony, a fifth DUI conviction is a Class D felony, and a sixth (or more) DUI conviction is a Class C felony. See Tenn. Code Ann. §55-10-402. These individuals will have felony convictions and be barred from purchasing firearms legally.

DUI Laws in TN

While a DUI conviction may not prohibit you from purchasing a firearm, it will limit your ability to carry the gun outside of your home. Tenn. law, codified at Tenn. Code Ann. §39-17-1307(h)(1)(B) makes it illegal for a person to carry a firearm when they have been convicted of a DUI two or more times in the last ten years. This prohibition applies to any DUI convictions within the past 10 years in any state – Tennessee or any other state. The same provision also makes it illegal for a person to carry a firearm if he or she has been convicted of a single DUI within the past five years.

Every case is unique. Contact our office to speak to a DUI Attorney about your specific case.

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