Can You Own a Gun With a DUI in Georgia?

Free Evaluation shield 100% Secure and Confidential

The right to own a firearm is extremely important to many Georgians. This right may come under threat when you have been convicted of certain DUI offenses. The loss of your right to own a gun is one of the many things that you need to consider when you are facing DUI charges, Although it would happen very rarely and only under the most serious circumstances.

At Moffitt Law, LLC, we’ll review your case, and your circumstances, to help you determine the best path forward. When you are charged with a DUI, you can leave nothing to chance. Contact our Columbus, GA criminal defense attorney for help today.

When DUIs Are Charged as Felonies in Georgia

Georgia law does not explicitly prohibit you from continuing to own or purchase a gun with a DUI conviction. The law is focused on whether you have been convicted of a felony or misdemeanor.

Certain DUI offenses in Georgia are treated as felonies. For example, you may be charged with and convicted of a felony if the following apply:

  • You have been convicted of four DUIs within 10 years.
  • You have been convicted of three DUIs within 5 years of a predicate offense.
  • There are severe injuries or deaths involved in a DUI accident.
  • You committed a DUI during which a child was endangered.

Relatively few DUIs in Georgia are charged as felonies. Most are charged as misdemeanors.

Even if you have been apprehended with an extremely high blood alcohol content, you would not be charged with a felony, so long as there was no serious bodily injury in an accident, or you do not meet the multiple-offense rules.

Felony DUI convictions can lead to serious consequences. You may face at least a year in prison, and possibly longer. In addition, you may lose your job and many of your other rights.

Felony Convictions Take Away Your Right to Own a Gun

If you have been convicted of a felony in Georgia, you would need to surrender your firearms. You would no longer be able to purchase them, so long as you have a felony on your criminal record.

Federal law prohibits convicted felons from purchasing or owning firearms. This prohibition would last for the rest of your life unless your rights were somehow restored. Based on Georgia law, that is highly unlikely.

DUI convictions remain on your criminal record in Georgia. State law does not allow for the conviction to be expunged, regardless of whether it is a misdemeanor or a felony. Therefore, you would permanently lose your right to own a firearm if you have been convicted of felony DUI.

Given the rare circumstances in which Georgia charges DUI as felonies, you may have difficulty pleading your case down to a misdemeanor. Your attorney may need to fight the charges on your behalf or negotiate a lesser sentence for a felony conviction.

Needless to say, your continued ability to own firearms may be jeopardized. When you hire Moffitt Law, LLC for your DUI case, we will extensively review your situation to help determine whether there may be any defenses to the charges against you.

You Can Still Own a Gun After a Misdemeanor DUI

If you are one of the many drivers who have been charged with misdemeanor DUI, you may still be able to keep your guns, and you may be able to purchase a new one. You may be facing numerous other consequences, but you would not be dealing with the same fallout facing one who has been convicted of a felony.

Nonetheless, you should still be careful about pleading guilty to a misdemeanor, especially when it has not been your first DUI charge. Under Georgia law, the cumulative effects of DUI convictions can add up over time and eventually lead to felony charges for subsequent arrests.

Contact a DUI Attorney Serving Georgia Today

If you are facing DUI charges, you need a common sense attorney who can help you look at your overall situation from a more objective perspective. Moffitt Law, LLC defends Georgians who have been arrested for DUI, and we are ready to help you. Schedule a consultation with an attorney by either contacting us through our website or calling us at 762-200-2924.

762-200-2924 phone Available 24/7

"*" indicates required fields

This field is for validation purposes and should be left unchanged.