Many people assume that only a felony conviction can prevent someone from purchasing a firearm. In Pennsylvania, however, certain misdemeanor convictions — including some second DUI offenses — may also affect your eligibility to purchase a gun.
Understanding how Pennsylvania criminal charges can impact firearm rights is important, especially if gun ownership matters to you. Attempting to purchase a firearm when you are legally ineligible can result in additional criminal charges.
Can a Misdemeanor Prevent You From Buying a Gun in Pennsylvania?
Yes. A first-degree misdemeanor in Pennsylvania can potentially prevent you from purchasing a firearm.
The reason involves the possible sentence associated with the offense. A first-degree misdemeanor in Pennsylvania is punishable by up to five years in prison. Under federal gun law, a person convicted of a crime punishable by more than two years in prison may be prohibited from purchasing a firearm.
An important distinction is that you do not necessarily have to serve more than two years in jail for this restriction to apply. The issue is whether the crime you were convicted of was punishable by more than two years in prison, not how much time you actually served.
This distinction can create unexpected problems for people who were convicted of an offense but never spent a significant amount of time in jail.
Can a Second DUI Affect Your Gun Rights in Pennsylvania?
A second DUI in Pennsylvania can potentially be graded as a first-degree misdemeanor.
For example, someone facing a second DUI may receive a plea agreement that allows them to avoid jail. Instead, they may serve electronic home monitoring or complete a period of probation.
After completing probation, that person may assume the case is fully behind them and later attempt to purchase a firearm. However, if the DUI conviction made them legally ineligible to purchase a firearm, attempting to make that purchase could expose them to a felony charge.
That is why it is important to understand the potential firearm consequences of a DUI or other criminal charge before resolving the case.
Attempting to Purchase a Firearm When You Are Ineligible
If you are unsure whether you are legally permitted to purchase a firearm, it is important to determine your eligibility before attempting the purchase.
Trying to purchase a firearm while legally prohibited from doing so can itself result in criminal charges. Someone may unknowingly create a much more serious legal problem simply because they did not realize a prior conviction affected their firearm eligibility.
Because Pennsylvania has legal nuances that may differ from other states, speaking with an attorney before attempting to purchase a firearm can help you better understand how your criminal record may affect your rights.
Facing Criminal Charges? Consider Your Firearm Rights Before Resolving Your Case
If firearm ownership is important to you and you are currently facing criminal charges, speak with an attorney who practices criminal defense.
The classification of the offense and the potential sentence associated with it can have consequences beyond probation, jail time, or other penalties. A conviction may also affect your ability to legally purchase a firearm in the future.
Understanding those consequences before resolving your criminal case can help you make a more informed decision about your options.
Speak With a Pennsylvania Criminal Defense Attorney
Bononi & Company has represented individuals facing criminal charges in Westmoreland County for more than 35 years.
If you have questions about the charges you are facing or how they may affect your ability to purchase a firearm, call 724-832-2499. We are happy to discuss your situation and meet with you in person at our offices in Greensburg, Latrobe, or Johnstown.