Can You Buy a Gun in TN if You Have Had a DUI?
If you have a DUI on your record, you know that it carries social consequences, but you may have questions about whether or not you can buy a gun. While there are exceptions, you retain the right to buy a gun even if you have a DUI conviction on your record in most cases. Questions about your legal rights? Consult with an experienced Tennessee criminal defense lawyer today.
DUI Charges in Tennessee
A driving under the influence – or DUI – charge applies when a driver is determined to have a blood alcohol concentration (BAC) of .08 percent or higher or when their BAC is below the legal limit, but their driving is determined to be dangerously affected by alcohol. Generally, a DUI charge in Tennessee is a misdemeanor, and having a misdemeanor on your record won’t interfere with your right to buy a gun. There are, however, aggravating factors that can elevate a DUI charge to a felony, and if the charge leads to a conviction, your right to purchase a gun in the State of Tennessee ends.
When a DUI Is a Felony
A first, second, and even third DUI conviction remains a misdemeanor under most circumstances, but a fourth is a Class E felony. A fifth DUI conviction is enhanced to a Class D felony, while a sixth is a Class C felony. Habitual DUI offenders, in other words, are barred from purchasing guns.
Other instances when a DUI is charged as a felony in Tennessee include all the following:
- The DUI incident left another person seriously injured, which is called vehicular assault and is a Class D felony
- When the person convicted of DUI had a passenger in the car who was under the age of 18, which is called child endangerment and is a Class D felony
- That DUI incident left someone else dead, which is called vehicular homicide and is a Class B felony
Finally, when any of the following conditions apply to a case of vehicular assault, it’s a Class A felony, and the charge is called aggravated vehicular assault while driving intoxicated:
- Two or more prior DUI convictions
- A BAC of .2 percent or higher
- A prior vehicular homicide conviction
As the risk increases, so too does the criminal charge that applies. A felony conviction can have a profound impact on your future, including serious fines, a harsh prison sentence, and a loss of rights – such as the right to purchase a gun.
Seek the Skilled Legal Guidance of an Experienced Tennessee Criminal Defense Attorney Today
Joshua Crain at The Law Offices of Joshua T. Crain is a formidable criminal defense attorney who is committed to harnessing the full power of his impressive experience and legal skill in pursuit of an optimal case outcome that protects your legal rights. The penalties for DUI can have far-reaching effects. For more information about what we can do to help, please don’t wait to contact us online or call 615-697-6242 today.