Can a DWI prevent you from owning a firearm?

| Jun 13, 2019 | Firm News

The right to bear arms is a constitutional right many Texans firmly believe in. Over one million Texans have a license to carry. It may be less than 5% of the state’s residents, but it is a substantial number. It shows how much Texans care about the 2nd Amendment.

Every year, numerous people apply for licenses to carry firearms in the state. Before receiving such a license, Texans have to undergo background checks. If someone has a DWI in his or her past, then that person will probably worry about whether he or she can own a gun ever again. The truth is that it varies significantly from one person to the next, so you have to look at your specific case to determine if you can still own firearms with a DWI on your record.

It depends on the extent of the charges

Anyone convicted of a felony cannot own a firearm for up to five years. In the state of Texas, a first DWI is a Class B misdemeanor. However, there can be circumstances surrounding a first offense that increase the charges up to a felony. If someone sustained serious bodily injury or died as a result of drunk driving, then you will face felony charges.

You can get a license to own a firearm with a misdemeanor on your record. However, you cannot own a firearm if you currently face misdemeanor charges. You have to wait until you settle the charges before you know whether you can still own a firearm.

In the event you own a firearm before you can legally do so before the five-year limit, then you will receive additional felony charges. When you face felony or misdemeanor DWI charges, you need to fight them to the best of your ability. You can continue using a firearm even if you only manage to reduce the charges.