Can You Own a Gun with a DUI in Georgia?

Gun ownership is a right that is granted by the Second Amendment of the U.S. Constitution and Georgia’s state constitution. But whether you own a firearm for hunting or personal protection, it’s important to understand that this right can be taken away if you are convicted of certain crimes. If you possess a gun and were arrested for drinking and driving, you might be wondering, “can you own a gun with a DUI?” Notably, the answer depends upon whether you were convicted of a misdemeanor or felony DUI.

What is Georgia’s Gun Law?

Georgia is a constitutional carry state when it comes to firearms. This means that while licenses can still be obtained, Georgia allows residents to lawfully carry an open or concealed firearm without a license in most public places. However, there are limitations to this law. A person who has been convicted of a felony offense is prohibited from possessing, receiving, or transporting a firearm. A felony in Georgia is any criminal offense punishable by more than one year in prison.

Can You Own a Gun with a DUI Misdemeanor?

While a DUI can be either a felony or a misdemeanor, depending on the facts of the case, most DUIs in Georgia are charged as misdemeanors. These types of offenses can carry a penalty of up to twelve months in jail. Generally, you can still own a gun with a misdemeanor DUI on your record — but there are certain exceptions to be aware of. For instance, you may be prohibited from gun ownership if you have a prior felony on your record or another offense that disqualifies you under Georgia law.

Misdemeanor DUI Probation Restrictions

You may be questioning, “can you own a gun with a DUI” if you’ve been sentenced to probation, rather than jail. Significantly, the court will often prohibit you from possessing a firearm while you are on probation for a misdemeanor. The conditions of probation are determined by a judge at sentencing. If your gun rights were suspended, it’s crucial to abide by the order imposed by the court. A probation violation is a serious offense that can result in additional penalties.

Can You Own a Gun with a Felony DUI?

There are factors that can make some DUIs more serious than others. If you are convicted of a felony DUI in Georgia, you can lose many rights — including your right to own, purchase, or possess a firearm. A DUI can be charged as a felony under Georgia law under the following circumstances:

• You’ve been classified as a habitual violator
• It was your fourth or a subsequent DUI within a ten year period
• The DUI resulted in death or serious injury to another which will form the basis of a vehicular homicide charge or a serious injury by vehicle charge.

Carrying a firearm as a convicted felon is a felony offense. However, it may be possible to have your gun rights restored after a felony DUI in Georgia by requesting a pardon from the Georgia State Board of Pardons and Paroles. After you have completed your sentence and are free from court supervision, you must wait five years before applying. You will need to submit three letters of recommendation from citizens with unquestionable integrity and interview with a staff member of the Board. If your application has been denied, you can reapply in two years.

Discharging a Firearm While Under the Influence of Alcohol

Not only is it illegal to operate a vehicle after you’ve consumed too much to drink in Georgia, but it is also against the law to discharge a firearm while under the influence of drugs or alcohol. Any person found guilty of discharging a firearm with a BAC of .08% at the time the weapon was fired — or within three hours of firing the weapon — can be convicted of a misdemeanor of a high and aggravated nature. If a blood acohol test was not obtained, the State can still prosecute the case if they can demonstrate that the alcohol or drug consumed make the discharge of the firearm unsafe. This law also applies if a firearm was discharged with any amount of a controlled substance in the individual’s blood or urine.

Contact an Experienced Georgia DUI Attorney

If you’re a gun owner who has been charged with drinking and driving, a knowledgeable criminal defense attorney can best answer the question “can you own a gun with a DUI?” based on the facts of your specific case. At The McCoy Law Firm, LLC, our DUI attorneys have decades of experience representing defendants for DUIs and protecting the rights of gun owners throughout northwest Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. If you’re facing charges for a DUI, please contact us today to schedule a consultation to learn how we can help.