Driving under the influence is something that law enforcement doesn’t take lightly in Florida. But will it impact your right to bear arms?
The Second Amendment of the U.S. Constitution protects American citizens’ rights to bear arms, and though a misdemeanor DUI will not usually impact your rights to own a firearm, a felony DUI could.
Our experienced DUI attorneys are here to help you understand the legal complexities surrounding DUIs and gun ownership. We explain the potential effects of a DUI and whether having one on your record will affect your right to own firearms.
Are Your Gun Rights in Danger After a Florida DUI Conviction?
In the state of Florida, a DUI conviction can have serious consequences, including the potential loss of your gun rights. Under federal law, individuals who have been convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms or ammunition. This includes those who have been convicted of a felony DUI offense.
In addition to federal law, Florida has its own set of firearm restrictions for those with criminal convictions. Individuals who have been convicted of a felony offense in Florida or any other jurisdiction are prohibited from owning or possessing firearms and ammunition. This includes those who have been convicted of a felony DUI offense in another state.
In Florida, other restrictions on gun ownership include:
- Domestic violence convictions
- Commitment to a mental facility
- Being classified by the court as “mentally defective”
- Being on probation for a crime of any kind, including drunk driving
It’s important to note that even if your gun rights are not immediately affected by a DUI conviction, there may be long-term consequences. A criminal record can make it difficult to obtain certain jobs, housing, and even loans.
Florida is a “Point of Contact” State
In Florida, potential buyers’ backgrounds must be checked by any gun dealer with a federal license. Florida is a “point of contact” state, which implies that it performs its own background investigation using databases from both the federal and state governments.
It is against the law for licensed dealers to sell weapons to anyone without first getting in touch with the Florida Department of Law Enforcement (FDLE) and doing a background check on them.
What Makes a DUI a Felony Charge?
In Florida, some DUIs are charged as felonies, though the majority of DUI charges are misdemeanors. According to Florida Statute 316.93, a DUI charge turns into a felony if:
- It is a driver’s third DUI in 10 years
- Severe bodily injury was caused
- Death of any human being or fetus
- The driver was involved in a hit-and-run accident
Per Florida Statute 790.23, as well as federal law, anyone with a felony conviction on their record is ineligible to buy, acquire, or use any type of firearm or ammunition. You must turn in any firearms you have in your possession after being found guilty of a felony DUI. If you don’t, it could lead to severe consequences.
Protect Your Rights with an Experienced DUI Lawyer
A knowledgeable DUI attorney like Ben Stechschulte can help you retain your rights to own firearms after a DUI. He will work with you to determine if there were any violations of your constitutional rights during the arrest or investigation process including incorrectly administered Standardized Field Sobriety Tests.
Additionally, he may be able to negotiate lesser charges or alternative sentencing options that do not involve the revocation of firearm privileges. With Ben’s expertise and experience, he can help ensure that any potential negative impacts are mitigated.
Read More > Are Your Prohibited from Guns?
Defend Your U.S. Liberties
At Stechschulte Nell, we understand the importance of protecting the Second Amendment rights of our clients. Our attorneys will ensure that you receive a fair hearing and work diligently on your behalf to protect your liberties for bearing firearms after being charged or convicted of a DUI.
We know what is at stake and how important it is to fight for your constitutional rights. It is our mission to provide you with the best representation possible. Should you find yourself in need of legal assistance, please do not hesitate to contact us – our experienced attorneys are on your side.
Reach out to us today for a case review at 813-280-1244.
