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Can a DUI Affect My Right to Own a Gun?

Sept. 29, 2021

gun possession defenseIn Pennsylvania, a DUI arrest can lead to unexpected consequences beyond the usual penalties like license suspension, fines, or jail time. One lesser-known repercussion is the potential loss of firearm ownership rights. This issue is particularly crucial for individuals facing multiple DUI charges. Understanding the legal implications is vital, and consulting with a Pennsylvania DUI attorney can help safeguard your Second Amendment rights.

Understanding the Legal Landscape:

For first-time DUI offenders in Pennsylvania, there is no immediate risk to firearm ownership rights. However, the stakes rise significantly with subsequent offenses. Pennsylvania law specifies that individuals convicted of driving under the influence on three or more separate occasions within a five-year period face restrictions on firearm transfers or purchases post their third conviction, as outlined in 75 Pa.C.S. § 3802 and its predecessors.

Federal Regulations:

The federal legal threshold for losing firearm rights due to DUI convictions is lower. According to 18 U.S.C. 922(g)(1), it is unlawful for anyone convicted of a crime punishable by imprisonment for more than one year to possess a firearm. This means that a second DUI offense categorized in the highest tier or related to drug use could lead to a loss of firearm rights if the maximum penalty is five years or more.

Take Action

For individuals who value their right to bear arms, it is crucial to address DUI charges proactively. Engaging a knowledgeable DUI defense attorney in Pennsylvania is essential to navigate the complexities of DUI law and to work towards preserving your Second Amendment rights. If you're facing DUI charges, especially if it's your second or subsequent offense, don't hesitate to seek legal expertise to protect your future.

I Got Arrested for A DUI.. Who Can I Call?

At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Bucks County, Delaware County, Chester County, Montgomery County, and Philadelphia County in Pennsylvania, we are well-equipped to ensure you get the best result possible with seasoned DUI attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of experienced DUI attorneys is dedicated to the best outcomes for all of our clients.