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DUI and Gun Owners

If you get convicted of driving under the influence (DUI) you may not be able to own a firearm.

The Pennsylvania Commonwealth Court recently ruled that the State Police could deny a man's application to buy a firearm based upon his DUI conviction. In this case it is important to note that the DUI conviction was a second offense and graded as a first-degree misdemeanor.

A first-degree misdemeanor carries a potential penalty of up to five years in prison. Federal law bars anyone convicted of a crime punishable by more than a year in prison from owning a gun.

There are other grades of DUIs. For example a first offense with a low blood-alcohol level is an ungraded misdemeanor. A third offense with a low blood-alcohol level is a second degree misdemeanor. Only when a person gets into the position of having a middle tier blood-alcohol level for a third or subsequent offense or a high blood-alcohol level for a second or subsequent offense does the crime get upgraded to a first-degree misdemeanor.

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Lisko & Associates
204 E Calder Way
Suite 304
State College, PA 16801

Phone: 814-753-4413
Fax: 814-237-6679
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