Can I Buy a Gun With a Florida DUI?
By Jonathan Blecher on May 14, 2015
Florida’s legislature recognizes that Floridians retain the constitutional right to bear arms for the purpose of hunting, sporting activities, collectibles, and for defending one’s home, family and self.
In some cases however, a citizen may be prohibited from possessing or purchasing a firearm, particularly when the individual has been convicted of certain criminal offenses.
Federal law requires that all federally licensed firearms dealers run a background check on someone who is interested in purchasing a firearm. Florida is called a “point of contact” state, meaning the state conducts its own background check using state and federal databases.
A licensed dealer is prohibited from selling a firearm to anyone without contacting the Florida Department of Law Enforcement (FDLE) and running a background check on the buyer.
Who is prohibited from buying a firearm?
Once the FDLE receives a request for a background check, they FDLE reviews all available records, and determines if the buyer is prohibited from buying a firearm.
A buyer cannot buy a firearm if they:
- Have been convicted of any felony.
- Have been convicted of domestic violence (even if it’s a misdemeanor).
- Were committed to a mental institution or adjudicated “mentally defective” by the court.
- Were involuntarily committed for outpatient treatment for a mental disorder.
- You are on probation fro any criminal offense, including DUI
If you are a proud gun owner, or if you are planning on purchasing a firearm in the near future, then a conviction for misdemeanor DUI should not pose any problems.
On the other hand, if you are facing felony DUI charges, then a conviction for a felony offense will bar you from both possessing or purchasing a firearm in Florida.
When is a DUI prosecuted as a felony in Florida? A DUI is often charged as a felony when someone was seriously injured or killed, or when the defendant has had multiple DUI convictions. Read more about possible ways to beat a DUI charge.
Contact a Miami DUI defense lawyer today!
Are you facing DUI charges, or worse, charges for a felony DUI? If you’re concerned about how a DUI conviction might affect your ability to bear arms in Florida, I urge you to contact my firm, Jonathan Blecher, P.A. for a free consultation!