When most people think about losing the right to purchase a firearm, they assume it only applies to felony convictions. But in Pennsylvania, it’s not always that simple.
You might be surprised to learn that a second DUI or even a first-degree misdemeanor can disqualify you from buying a gun. This can catch people off guard—especially if they never served time in jail.
What the Law Actually Says
Under federal law, if you’re convicted of a crime punishable by more than two years in prison, you’re barred from purchasing a firearm. That’s not based on the sentence you received—it’s based on the maximum possible penalty for the offense.
In Pennsylvania, a first-degree misdemeanor is punishable by up to five years in prison, which means a conviction could put you on the ineligible list—even if you never spent a day behind bars.
A Common Example: Second DUI Offenses
Here’s where things get tricky. A second DUI in Pennsylvania can be charged as a first-degree misdemeanor. Maybe you got probation or home monitoring instead of jail time. You complete your sentence, assume your rights are intact, and try to buy a firearm.
But under federal law, you may have just committed a felony by attempting to purchase a gun as an ineligible person. And the consequences can be serious.
Don’t Assume—Ask an Attorney
If you’re facing criminal charges and owning or buying a firearm is important to you, it’s critical to speak with an experienced criminal defense attorney. Pennsylvania law has nuances that aren’t always obvious, and one wrong step could result in a lifetime prohibition—or even criminal charges.
We’re Here to Help
At Bononi & Company, we’ve been helping clients throughout Westmoreland County navigate criminal charges for over 35 years. Whether you’re unsure about your firearm rights or facing charges that could impact your future, we’re ready to listen and guide you.