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DUI and Guns

Hogans_AlleyHogans_Alley Member Posts: 14 ✭✭
edited October 2001 in General Discussion
I was wondering if anyone knew how long a DUI conviction would make it impossible for a person to purchase a handgun or a rifle. I am sure it will also hurt any chances of working for the Government in any type of law enforcement capacity. Any information on both fronts would be appreciated. By law enforcement I meant in a Forensic capacity.
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Comments

  • LowriderLowrider Member Posts: 6,587
    edited November -1
    I wasn't aware that DUI had any impact on firearms purchase/ownership as long as a gun didn't play any part in the DUI.This would be a State-level thing wouldn't it? No Federal laws apply in a DUI case.
    She was only a fisherman's daughter,But when she saw my rod she reeled.
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  • cbxjeffcbxjeff Member Posts: 17,597 ✭✭✭✭
    edited November -1
    In Indiana, if you are convicted of anything that could result in 6 mos or more (whether you served or not) you have a potential problem.
    cbxjeffIt's too late for me, save yourself.
    It's too late for me, save yourself.
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  • G&G FirearmsG&G Firearms Member Posts: 37 ✭✭
    edited November -1
    How many DUI's do you have?Here in michigan you can have a DUI & buy a pistol or any gun.As long as you don't have a felony you have no problem.For the new concealed weapons permit if you get convicted of a DUI in michigan you have to wait 8 years before you can apply for a concealed weapons permit.The DUI's never come off your record.
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  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    In North Carolina a dui makes no difference for purchase, but for concealed carry no dui for the past three years. In AA we have a saying - "if I don't drink and drive I can't get a dui". Think about it.
    So many guns to buy. So little money.
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  • Hogans_AlleyHogans_Alley Member Posts: 14 ✭✭
    edited November -1
    I have not yet been convicted. (Yet). I live in North Carolina where the limit is .08, I was unfortunate enough to blow a .09, therefore I was cuffed and stuffed. I Have NEVER been in trouble in my life at all. North Carolina just happens to be one of the toughest states with DUI. I was in a local gun shop looking at a rifle and he asked my friend who was purchasing a rifle if he had ever been convicted of a felony. My friend had not been so he was able to buy the rifle. Perhaps this is just a NC thing. DUI is considered a Felony here. Beautiful huh, never been in trouble in 30 years and I will go to a Felon status......
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  • M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    Many states are moving to the .08 BAL in order to retain the use of Federal Highway funds. The Fed mandated that states with a BAL higher than .08 would be ineligble for those funds. It could be looked at as blackmail or perhaps even extorsion, but that is the reason for the lowering of the limit over the past 2-3 years.Delaware is currently still at 1.0, not that it matters at all to me because I do not consume alcohol. I think that using an arbitrary number to measure an entire population is ludicrous at best considering that everyone reacts differently to alcohol.Be it 1.0, .08 or even .05 I cannot see it reducing the number of people that still make a concious decision to drive under the influence, no matter the extent of that influence. No one sets out in a car with the expection of being pulled over, if they did they would more than likely have a BAL of 0. It borders on "Feel Good" legislation. Unless states start to enforce those limits, and serve justice in the form of swift and severe punishment those limits no matter what they might be are useless.After a short rant ... back to the matter at hand, the DUI is a state issue concerning firearms ownership.
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
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  • G&G FirearmsG&G Firearms Member Posts: 37 ✭✭
    edited November -1
    I have a uncle that lives in NC but i don't know the laws there.In Michigan you have to have 3 drunk or a combination of drunk & impaired driving that equal 3 within 10 years to be a felony.A felony sounds a little rough for a 1st DUI.They are starting to make every little thing a felony anymore,and when you look at it you lose certain rights and that is what the government wants.
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  • M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    The death of some innocent person due to someone's drinking and driving sounds a bit rough too don't you think?There is absolutely no excuse for someone to have more than one DUI and still be permitted to live outside the confines of a prison. Too harsh (?) ... tough *, don't drink and drive.
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
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  • LowriderLowrider Member Posts: 6,587
    edited November -1
    The same argument could be made for people who continue to drive even though they are so old as to be too physically or mentally incapacitated to handle an automobile.They pose the same threat to the public but are allowed to get away with it just because they are old.Let's be fair about this and lock 'em up right along with the alcohol abusers.
    She was only a fisherman's daughter,But when she saw my rod she reeled.
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  • cbxjeffcbxjeff Member Posts: 17,597 ✭✭✭✭
    edited November -1
    Hogens_Alley,I made a mistake in my reply. Purchasing is no problem in IN, it's just the carry permit.
    cbxjeffIt's too late for me, save yourself.
    It's too late for me, save yourself.
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  • dheffleydheffley Member Posts: 25,000 ✭
    edited November -1
    Unless it was a felony DUI conviction, it is a matter of state law. I know of some states that require a 5 years waiting period. As far as the law enforcement job, it depends on whether it is a certified police job (requires the certification to carry a weapon) or not. Most departments forensic scientist are not certified police officers. Otherwise, each department will have their own standards. It is allowable, if it has been discharged, by most departments.
    Save, research, then buy the best.Join the NRA, NOW!Teach them young, teach them safe, teach them forever, but most of all, teach them to VOTE!
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  • RiotgunRiotgun Member Posts: 4 ✭✭
    edited November -1
    Hogans Alley,I'm not a lawyer, but I was in a situation like you, several years ago. I did a little digging and found some resources for you. Like I said, I'm not a lawyer, so make sure you confirm all this with a lawyer. AND DEFINITELY GET A LAWYER, one that specializes in DUI cases. He may be able to get you a plea bargain to reckless driving or something, so the whole DUI issue may be moot.From the NC Code website http://www.ncga.state.nc.us/Statutes/toc-1.html :Chapter 14, Criminal Law http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0140.html ....? 14-415.12. Criteria to qualify for the issuance of a permit.....(b) The sheriff shall deny a permit to an applicant who:....(11) Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997-441, s. 4.) Chapter 20, Motor Vehicles http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0200.html ....? 20-138.1. Impaired driving. (a)Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: (1) While under the influence of an impairing substance; or (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. (b) Defense Precluded. - The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section. (c) Pleading. - In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance. (d) Sentencing Hearing and Punishment. - Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge must hold a sentencing hearing and impose punishment in accordance with G.S. 20-179. (e) Exception. - Notwithstanding the definition of "vehicle" pursuant to G.S. 20-4.01(49), for purposes of this section the word "vehicle" does not include a horse, bicycle, or lawnmower. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1.) ....? 20-179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments. **** This subsection is rather lengthy and involved. It looks to me that if you have no aggravating or mitigating factors, that your maximum sentence is 120 days****So what it looks like to me is, DUI is a misdemeanor.You can't get a CCW until 3 years after your conviction.Your right to purchase a firearm under federal law is safe, because the maximum sentence is less than 1 year.I don't know how this conviction would affect an LE career.Now a little advice. Don't let this situation get you down. You'll get through it, but it'll probably cost you some money. You may feel some guilt, remorse, embarassment, and regret. That's normal and you will get past it. From now on, if you want to go out for some beers, take a taxi. Sure, it costs a lot, but so do lawyer fees, court costs and fines.It's not the end of the world. Just make it the end of your drinking and driving. Good luck and let us know how it turns out.
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  • JudgeColtJudgeColt Member Posts: 1,790 ✭✭✭
    edited November -1
    I see drunks in front of me each day. Those caught for drunk driving obviously did not get caught the first time they drove drunk. Each time I arraign one of these drunks, I think, this drunk was driving on the same roads as my family. Thank God, the drunk was caught before the drunk killed my family. The difference in impairment between .08 and 1.0 is small. Either is too much. If my use of the word "drunk" is offensive to some, so be it. Using nice words to describe despicable behavior does not change the nature of the offense. There is no excuse for driving drunk. What is it about the alcohol culture that some people cannot have a good time without drinking? A "couple of beers" after work, and a "couple of beers" while watching the ball game, and a "couple of beers" while hunting. The damage to lives and families I see each day make it obvious why prohibition was given a try. From what I see, alcohol ruins far more lives than drugs. Because of the lax attitude towards alcohol, alcohol offenses are treated less seriously in most states than drug offenses. In many states, a first offender can receive a deferred sentence and the conviction will be expunged from the offender's record. However, that usually does not affect driver's license records and a second conviction revives the first conviction to result in an enhanced penalty for the second and subsequent offenses. A third conviction is usually a low class felony. In some states, the felony level may be reached earlier, or later. Unfortunately, "Joe Six-Pack" is the image most anti-gunners have of gunowners. We should do our best to eliminate that image. Never driving drunk (or drinking) is the best place to start.
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  • Hogans_AlleyHogans_Alley Member Posts: 14 ✭✭
    edited November -1
    Heck Judge I am not offended by your chioce of words just as I am not offended by Opaliski's viewpoint. I understand you people do not know me from Adam. I realize after seeing so many cases such as this you may have become a bit jaded. I am sure you also know that everyone that steps in front of you is not a career drunk. Information is valued your opinion of me is not. I simply made the post to ask a question. I have made a mistake that I have to live with. I am fortunate I was not hurt and neither was anyone else. I made a poor judgement call and I will pay for it. I was not asking to be expunged for my actions nor was I asking for anyones forgiveness. I thank everyone that replied it gave me much food for thought.
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  • concealedG36concealedG36 Member Posts: 3,566 ✭✭
    edited November -1
    I think some of you guys need to back off!! Judge, especially you! What's with the attacks on people who choose to drink alcohol? Last I checked it was LEGAL. Oh, wait, if it isn't something YOU are interested in then it is evil. Sounds a lot like the anti's thinking to me!I enjoy drinking, and I do so responsibly. However, I can understand why some people have problems with DUIs, etc. First, you tell me how the hell you're supposed to get home from the bar when you drove there? In Michigan, taxi cabs are either expensive or non-existent unless you're in one of the larger cities. Every time I drive by a bar I notice just how many cars are parked there. Do you think every person in the bar is going to call a cab or has a designated driver? Maybe we should lower the BAL limit to .000006, then we could REALLY raise some revenue for the cities by pulling EVERYONE over!Come on, get off your high horse. I don't endorse drunk driving any more than the next guy. BUT, I think we're beginning to get out of control with this whole thing. Just my $0.02.p.s. And, yes, I am concerned about the safety of my family when it comes to other people drunk driving. But, then again, I'm also concerned about them getting shot (but I won't lobby to get guns outlawed!).
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  • BigTexBigTex Member Posts: 64 ✭✭
    edited November -1
    Lowrider,You are an idiot to liken someone who Drinks and Drives in violation of the law to a law abiding elderly driver, I feel that there should be mandatory testing on you reach an certain age to maintain your driving priveleges, but to suggest treating them the same as criminals and locking them up is assinine. Thanks for infusing the ignorant persons perspective into this thread.Regards,BigTex
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  • DENWADENWA Member Posts: 390 ✭✭✭
    edited November -1
    Hogan-- You will get passed this but you need to take this as a blessing. Things could have been way worse...... My friend, I have made many mistakes MOST I regret and they help me Not to make the same mistake again.Trust me this is a blessing ...In disguise.
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  • Patrick OdlePatrick Odle Member Posts: 951 ✭✭✭✭
    edited November -1
    LowriderThe old driver probably applies generally but not absolutely. I am 67 years of age and presently pocess better driving skills and cordination than any of my children or grandchildren. that is not to say that they are bad drivers, but just to say they don't measure up.
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  • LowriderLowrider Member Posts: 6,587
    edited November -1
    Jeeez! An idiot, huh?What's the reasoning behind the drunk-driving laws? Why is it against the law to drive drunk?Because when you drink, and your blood-alcohol level exceeds a certain concentration, you no longer have the reflexes, motor skills and reasoning ability needed to operate a motor vehicle in a safe manner. You could damage property and injure or kill other people.The cops look for certain things that indicate a driver may be inebriated. Things like, crossing the center line, drifting onto the shoulder, failure to dim headlights, failure to turn headlights on, not signalling for turns, failure to switch turn signal off, driving far below the posted speed limit...These are all things I see elderly drivers do every day of the year, but they don't get stopped and checked by the cops. They are left alone because they're not drunk, they're just old.Not drunk, but just as dangerous.I'm for everybody being required to pass a driving-skills test every time they renew their license. If you can't pass it, you don't get to drive. If you're caught driving after having failed the driving-skills test, you should be treated the same as someone who has been caught driving drunk. Neither one of you are in control of the automobile.So, BigTex, this line of reasoning makes me an idiot? You cited a difference between a drunk driver and a law-abiding eldery driver. The only reason there IS a difference between the two is because none of our elected officials has the balls to pass laws making it illegal to drive when age-impaired. The danger to people and property is just as great, but if a drunk runs over someone with their car they go to prison, and if an out-of-control elderly driver runs over someone the worst that happens is they lose their drivers license. A good many of them continue to drive afterwards.Yeah, I'm ignorant and an idiot I guess. If I was an enlightened individual like you, BigTex, I'd be able to see the difference here.
    She was only a fisherman's daughter,But when she saw my rod she reeled.
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  • AntiqueDrAntiqueDr Member Posts: 691 ✭✭✭✭
    edited November -1
    To get back to the original question...If you get convicted of a felony in your state, then you are not eligible to purchase or possess a firearm. Therefore, if a 1st offense DWI is a felony in North Carolina, if you get convicted of it you would be precluded from purchasing or possessing a firearm, under state AND federal law.
    We buy, sell and trade quality guns and scopes!Ask us about Shepherd Scopes!Visit our website at www.ApaxEnterprises.com
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  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Drunk drivers cause the majority of accidents. Old drivers do not. My dad drove at the age of ninety (daylight only) and his reactions were as good or better than a thirty year old. I'm 65 and can drive better than 97% of the people I meet on the road. I have driven for 49 years without a moving violation or accident. How many of you can say the same?
    So many guns to buy. So little money.
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  • will270winwill270win Member Posts: 4,845
    edited November -1
    Ge t a lawyer, throw yourself on the mercy of the court and don't do that sh*t again. Seriosly, you get a lawyer and learn a lesson, then you have a lot to be thankful for.
    If you run, you'll just die tired![This message has been edited by will270win (edited 10-18-2001).]
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  • bfairbfair Member Posts: 250 ✭✭✭
    edited November -1
    What I dug up on NC Law? 14-415.11. Permit to carry concealed handgun; scope of permit.? 14-415.12. Criteria to qualify for the issuance of a permit. (b) The sheriff shall issue a permit to carry a concealedhandgun to a person who qualifies for a permit under G.S. 14-415.12. The permit shall be valid throughout the State for aperiod of five years from the date of issuance.(b) The sheriff shall deny a permit to an applicant who: (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.(11) Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997-441, s. 4.)
    Home of the Blue Angels, P'colaSemper Paratus
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  • Patrick OdlePatrick Odle Member Posts: 951 ✭✭✭✭
    edited November -1
    LowriderI don't believe anyone impaired for any reason should be allowed to drive, but you have no idea what i have witnessed from some daredevil young drivers. Age may someday make me unsafe although i have had uncles who drove well past 80 and their life was as precious to them as it was when they 35 or 40. Age doesn't allways mean that the one fortunate enough to be considered old or agedautomatically starts losing their mind or reactive skills. Believe me I think enough of my life and the others that share theroads,hwy.s and byways that when I reach a point in time when in my own mind I am unable to drive safely I will if for no other reason than my own personal wellbeing stop driving that very day.
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  • RiotgunRiotgun Member Posts: 4 ✭✭
    edited November -1
    bfair,Where did you dig that up? MAYBE FROM MY POST, OR THE LINKS I POSTED?!?!?! [This message has been edited by Riotgun (edited 10-18-2001).]
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  • bfairbfair Member Posts: 250 ✭✭✭
    edited November -1
    RiotgunFrom this website http://www.alllaw.com/state_resources/north_carolina/
    Home of the Blue Angels, P'colaSemper Paratus
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  • RiotgunRiotgun Member Posts: 4 ✭✭
    edited November -1
    bfair,Do you work in the Department of Redundancy Department?
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  • bfairbfair Member Posts: 250 ✭✭✭
    edited November -1
    Excuuuuuuze Meee RiotgunI didn't know you had made a rule that I had to read all your links before I posted.I will be more careful next time so you don't get so upset.
    Home of the Blue Angels, P'colaSemper Paratus [This message has been edited by bfair (edited 10-18-2001).]
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  • RiotgunRiotgun Member Posts: 4 ✭✭
    edited November -1
    bfair,Just funnin' ya. Don't take it so hard.
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