Can I Purchase a Gun if I Have a DUI Conviction
September 20, 2023
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Can I Purchase a Gun if I Have a DUI Conviction

In most instances yes, a person can purchase a gun even if they have a DUI conviction.  The exception to this is someone who has four or more DUI convictions.   There are certain types of crimes that prohibit a person from purchasing a firearm: (1) any felony conviction and (2) any crime of domestic violence.   Most DUI convictions result in misdemeanor convictions and, of course, a DUI is not a crime of domestic violence.    

First, Second, Third Time DUI Convictions

However, some persons who are recidivist DUI offenders may receive a felony sentence.  For example, if you are convicted of a DUI conviction for the first, second, and third time, you will receive a misdemeanor conviction.  However, if you are convicted of a fourth or more DUI, then you will receive a felony sentence.   A fourth-offense DUI is a Class E felony, a fifth DUI conviction is a Class D felony, and a sixth (or more) DUI conviction is a Class C felony.  See Tenn. Code Ann. §55-10-402. These individuals will have felony convictions and be barred from purchasing firearms legally.  

DUI Laws in TN

While a DUI conviction may not prohibit you from purchasing a firearm, it will limit your ability to carry the gun outside of your home.  Tenn. law, codified at Tenn. Code Ann. §39-17-1307(h)(1)(B) makes it illegal for a person to carry a firearm when they have been convicted of a DUI two or more times in the last ten years. This prohibition applies to any DUI convictions within the past 10 years in any state – Tennessee or any other state. The same provision also makes it illegal for a person to carry a firearm if he or she has been convicted of a single DUI within the past five years.

Every case is unique. Contact our office to speak to a DUI Attorney about your specific case.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
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