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Can an Arizona DUI Stop Me from Buying a Gun?

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 ARS 13-3102.

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 domestic violence.
  • 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.

Related: 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.

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