We hear this question in many forms: “Can you buy a gun with a DWI in Houston?” “Can you buy a gun if you have had a DUI?” or “Can you get a concealed handgun license if you have a DWI?” No matter the form of your DWI question, know that Thiessen Law Firm will fight for your right to bear arms as outlined in the Second Amendment of the Constitution.
Can I purchase a firearm after having a DWI or DUI charge? Maybe.
Whether this is your DWI first offense or you’ve managed to get overly familiar with Texas’ DWI laws throughout the years, understanding DWI penalties with regards to gun laws can be confusing. The number one thing to keep in mind is that to determine if you can buy a gun with a DWI or DUI, gun laws take into account multiple factors: your age, the type of charge your being indicted with, whether or not you are convicted, and so forth.
If you need to brush up on your knowledge of DWIs, check out more articles in our blog, such as this one, which answers the question, “Is DWI a criminal offense?”
Can you buy a gun with a DUI in Houston?
First, remember that the difference between DUI and DWI in Texas is determined by the driver’s age. If you’re under 21 and are caught driving with any alcohol in your system, you’re almost certainly going to be charged with DUI (which is when you should probably start looking for a defense attorney).
If your BAC level isn’t through the roof, and if this your 1st or 2nd DUI charge, you will likely be charged with a class C misdemeanor. 3rd-time offenders may be charged with either a class B misdemeanor or a 3rd-degree felony. If your BAC is high enough, your DUI might be bumped up to a DWI, which has more severe penalties.
Now, the next question you should be asking is, “Can I purchase a gun with a misdemeanor DUI?” The answer is YES. So long as you are not currently being charged with a class B or A misdemeanor, or any charge that may land you in jail for more than one year, a person with a DUI (aka someone under 21) can purchase a gun.
So, for example, someone with a class C misdemeanor DUI could legally purchase a gun, and the answer to the question, “Can you buy a gun while on probation for a DUI?” would also be yes (so long as your DUI is a class C misdemeanor or your class B or A misdemeanor charges are more than 5 years old).
“Can I purchase a gun with a felony DUI?” No matter whether you have a DUI or a DWI, or whether you’re younger than 21 or older than Methuselah, if you have a felony on your record, you can not purchase a gun in Texas. There are exceptions to this rule, but they are few and far between. A good DWI lawyer, however, can help you avoid a felony conviction, get your conviction expunged from your record or have your record sealed.
Can you get a CHL with a DUI on your record?
If you are now over the age of 21 and you were not convicted of or currently being charged with a felony DUI, class A misdemeanor or class B misdemeanor, your DUI will likely not affect your ability to obtain a concealed handgun license.
No-one under the age of 21 can obtain a CHL.
Can you buy a gun with a DWI in Houston?
The gun laws concerning DWI and buying a gun are, in many ways, similar to DUI and buying a gun. You can have a DWI in Texas and still purchase a gun if:
- Your DWI was not a felony and you do not have any other felony charges.
- You are not currently being charged with a class B or A misdemeanor (the most common charges for 1st-time DWI offenders) or any charge that may land you in jail for more than one year.
Can you get a CHL with a DWI on your record?
If you’re asking the question, “Can you get a CHL with a DWI on your record?” then pay close attention. When licensing laws come into play, DWIs and gun ownership can get confusing.
To obtain a CHL after a DWI, you must meet the above qualification and put a distance of 5 years between your application for a CHL and your class B or A misdemeanor charges. In the meantime, you can keep your gun at home, in your transportation, and in your office (if your office permits it), but nowhere else.
Thiessen Law Firm fights for your right to bear arms
If you’re passionate about maintaining your right to bear arms but are facing a DWI charge, you need the best DWI lawyer in Houston. Fighting a DWI charge is no joke. It requires expert counsel from a team of lawyers who are passionate about the constitution and all of your amendments.
If you’ve received a DWI or DUI charge and want the best attorney in Houston at your side, contact Thiessen Law Firm and Attorney Mark Thiessen at 713-864-9000 or request a free case evaluation. We are available 24 hours a day, 7 days a week to answer your questions and protect your freedom!