Can a DUI Affect Your Right to Own a Firearm in West Virginia? 2024

A DUI can have a significant effect on your entire life. It can impact your social status, your employment status, your financial future, and your freedom. A DUI offense can result in significant jail time, a hefty fine, a loss of your driver’s license, or all three in some situations. A DUI can even affect your Second Amendment rights, as West Virginia has strict laws about who can carry a firearm. You may be asking, “Can a DUI affect your right to own a firearm in West Virginia?” In short, yes, it can.

How a DUI Can Affect Your Right to Own a Firearm in West Virginia

In West Virginia, committing certain crimes can keep you from buying a firearm, possessing a firearm, or even owning a firearm. You may want to discuss your situation with a gun crimes attorney, who might be able to find a way for you to legally own a gun. If you fall under any of the following criteria, you may be banned from purchasing or owning a firearm for the foreseeable future:

• If you have been convicted of any crime punishable by a prison term longer than one year.
• If you are habitually addicted to alcohol.
• If you are unlawfully addicted to or are abusing controlled substances.
• If you have been judged by a medical professional to be mentally incompetent.
• If you have been involuntarily committed to a psychiatric hospital.
• If you are an illegal immigrant living unlawfully in the United States.
• If you have been dishonorably discharged from the military.
• If you are under a domestic violence protection order.
• If you have been convicted of stalking or threatening someone.
• If you are deemed a credible threat to your partner or child.
• If you have been convicted of a misdemeanor assault and battery.
• If you have been convicted of a felony, violent, or sexual offense.

A DUI conviction may fall under several of these criteria, meaning that you may have trouble purchasing, owning, or handling a firearm legally. DUIs may be considered felonies if they involve certain aggravating factors, including previous convictions or an accident that resulted in another person’s death. However, losing your gun rights is just one of many different ways that a DUI can negatively impact your life.

Can You Get Your Gun Rights Back?

It is possible for you to get your right to purchase a firearm back, though there are no guarantees that you will be successful in your attempts to do so. You may want to consult with a gun crimes lawyer or a criminal defense lawyer to learn what your options are for restoring your gun rights. Here are some of the possible methods for getting your gun rights back:

• You can petition your county’s circuit court to try to restore your gun rights. If the court agrees to hear your case and finds you mentally competent and capable of exercising personal responsibility, they may see fit to grant you an order restoring your gun rights, so long as doing so would not violate federal law.
• You can petition the court following your release from a psychiatric hospital in which you had been involuntarily committed. If you are cleared by a medical professional and proven to be mentally competent, you may be able to have your gun rights restored.
• If your criminal record was expunged or you received an unconditional pardon, you will regain your right to own a firearm.

FAQs

Q: What Disqualifies You from Buying a Gun in West Virginia?

A: Many different things can disqualify you from buying a gun in West Virginia. The most notable is being convicted of a felony, particularly any crime that is punishable with a prison sentence of longer than one year. In addition, if you have a history of substance abuse, have been deemed mentally unfit, are an illegal alien, or are facing domestic violence charges, you may not be allowed to possess a firearm.

Q: Can You Get Your Gun Rights Back in West Virginia?

A: Yes, it is possible for you to get your gun rights back in West Virginia, but only if you pass certain criteria and are no longer deemed a threat under federal law. You can legally petition your county’s circuit court to hear your case. They may restore your gun rights if you are found mentally competent and able to understand the personal responsibility that comes with a firearm. However, if doing so would violate federal law, your case will be dismissed.

Q: How Long Does a DUI Stay on Your Record in West Virginia?

A: A DUI will stay on your record for at least ten years in West Virginia. Once ten years have passed, any future convictions will be treated as a first-time offense. The DUI will still remain visible in criminal background checks, though it will not appear on your driving record. If you have a felony DUI, you will not be able to get it expunged from the public record.

Q: Will You Receive Jail Time for a First-Time DUI Offense in West Virginia?

A: There is a possibility that you will receive jail time for a first-time DUI offense in West Virginia. A minimum jail sentence of 48 hours is mandatory by state law for every DUI conviction, including first-time offenders. There may be exceptions if the offender opts to challenge the conviction and can post bail.

Reach Out to an Experienced DUI Lawyer Today

A DUI conviction can be a permanent mark on your criminal record, and it may have the power to affect your ability to own a firearm in West Virginia. Facing a DUI conviction alone can be daunting, and it may be reassuring to have an attorney on your side. You do not have to face these charges alone. The legal team at Crowe Law, LLC, can help you build your case and fight the charges against you. Contact us to schedule a consultation and learn how we can help you with your case.