Arizona is one state that takes pride in gun ownership. Because of this
long-standing tradition, many Arizona residents own firearms to protect
themselves, their families and their communities. After all, with active
shooters becoming more of a widespread problem, it makes sense for people
to protect themselves (within legal boundaries) and innocent bystanders
from dangerous individuals who mean them deadly harm.
If you’re facing
driving under the influence (DUI) charges in Arizona, you may be wondering, “If I’m convicted
of DUI, will it bar me from possessing firearms or will it keep me from
buying a gun?” This is a valid question, which we’ll gladly explain.
Prohibited Possessors in Arizona
Each state has what are called “prohibited possessors,” which
are classes of individuals who are prohibited from owning, possessing
or otherwise controlling ammunition or firearms. In Arizona, prohibited
possessors are covered under
The following classes of individuals are prohibited from possessing a firearm
under ARS 13-3102. Are you included in this list?
- Defendants who have been convicted of a felony offense (including a felony
DUI) and whose civil rights have not been restored.
- Individuals who are currently on community supervision, probation or parole.
Individuals who are presently on probation for felony
- Individuals who the court found to be a danger to themselves or other people.
- Those who are currently serving a prison sentence at a correctional or
detention facility in Arizona.
If you are facing misdemeanor DUI charges and none of the above applies;
for example, you have never been convicted of a felony, your DUI charges
should not threaten your right to own firearms under Arizona law. But
what if you are facing
felony DUI charges? Let’s take a look at when DUI is a felony in Arizona:
- A third DUI within 7 years.
- DUI crash involving serious bodily injuries.
- DUI involving fatalities (you accidentally killed someone).
- DUI while driving on a suspended or revoked license.
- DUI with a child in the vehicle under the age of 15.
Firearms: Prohibited Possessors in Arizona
We hope this post clears up your questions about DUI convictions and your
gun rights. For skilled DUI defense representation in Phoenix or Tempe,
contact our firm today.