How do I get possession of a firearm after a DUI?
Getting a DUI can lead to serious consequences including jail time, fines, community service and other related punishments. These sentences may vary from state to state as the DUI laws can be different for each residence. Consulting with a DUI attorney may give you legal help with your case and may also help you reduce your charge and possibly lower the chances of going to jail.
DUI consequences: The Right to Bear Arms
One penalty that you may have to face is the inability to possess a firearm after you DUI conviction. While the second amendment may give you the right to bear arms, you may still be under specific state and federal laws that could bar you from owning a weapon with a criminal record. When purchasing a firearm, there is usually a federal background check involved.
There may also be a waiting period between the application for the gun and the actual sale. In general, firearm laws may include illegal sale of a firearm, possession of assault weapons and loaded gun, and an illegal ejection of a weapon.
Criminal Records Affect Firearm Possession
There are also ways in which an individual may be prohibited from possessing a firearm. Generally, these people include those with a criminal record, may have mental disorders or illegal aliens. Age restrictions can also apply to various firearm possession laws. Although you could be legally allowed to possess a weapon, you may not necessarily be given the right to carry a concealed firearm. Most likely, you may be required to obtain a special permit that allows you to carry your firearm and violating this rule could result in a criminal charge.
Penalties for violating any firearm laws can depend largely on whether you have been convicted of a felony or misdemeanor. These cases can often lead to either a jail or a prison sentence, so it would be a good idea to discuss your options with a DUI lawyer if this could affect your punishment. A fine or probationary period can also be included in your case. If you are concerned about your DUI and how it affects your firearm rights, talk to an attorney and find out how you can be eligible again to possess a firearm.
Early termination for a DUI probation
How long does it take to get an early termination? If you are trying to get a court date, it may be difficult to understand the process. In some cases, felony convictions coupled with a DUI can lead to serious penalties. This may even hold true if you have paid all of your fines. Probation officers may tell you to speak with your state probation officer to check that all fines have been paid and to attempt early termination on you probation. How long would it take to get a court date for early termination?
File now, ask for a court date about five months out. If you choose to wait to the last moment, the time frame depends on the court, how busy they are, schedules, etc. Generally, if you want a court date in January (right after the courts have been closed for 2 weeks during the holidays) you need to ask at least 3 months out. The further you get away from Christmas the shorter that time frame gets, down to about 2-3 weeks. Again, it depends on the court’s schedule. The simple answer is file now, ask for a court date in May time frame. Make sure you get it on the calendar and do not forget to be there.
This answer pertains to individuals in the state of Texas.
Answered by:
Roy L. Reeves
Location: Plano, Texas
Phone: (972) 379-7443
