Can You Own a Gun with a DUI in Michigan?

Gun ownership rights are important to many individuals in Michigan. Whether you hunt, are a sport shooter, or keep a firearm for protection, Second Amendment rights are an important part of your life.

A drunk driving charge can have consequences that extend beyond fines and a driver’s license suspension. In some circumstances, a DWI/OWI conviction can impact your right to legally own and possess a firearm. If you were charged with DUI/OWI in Michigan, Elmen Legal can protect your rights and help determine the best path forward.

How a DUI Conviction Affects Gun Rights

Michigan takes drunk driving and gun ownership seriously. Depending on the circumstances of the DUI charge, you could face restrictions on your right to possess a firearm. This is particularly true in cases of felony DUI, such as a third DUI offense and DUI cases that involve death or serious bodily injury to another person.

Can I Own a Gun with a Misdemeanor DUI Conviction?

A conviction for misdemeanor DUI generally will not affect your right to own or possess a firearm. Drunk driving is typically charged as a misdemeanor rather than a felony, and does not prohibit firearm ownership. This is the case even if you were arrested with an extremely high blood alcohol content.

Most DUI offenses in Michigan are charged as misdemeanors, as long as there are no aggravating factors such as multiple prior DUI offenses or causing serious injury or death to another person.

Can I Own a Gun with a Felony DUI?

Under federal law, anyone convicted of a felony is prohibited from owning a firearm. Michigan is no exception.

In Michigan, drunk driving may be charged as a felony under the following circumstances:

• Third Offense. Michigan has a lifetime lookback period. For individuals with two prior drunk driving offenses, a third offense is treated as a Class E felony, punishable by 1 to 5 years in prison.
• DUI Causing Serious Injury or Death. Individuals who are under the influence of alcohol or drugs and cause a car accident that results in death or serious bodily injury to another person face felony DUI charges. Serious bodily injury includes broken bones, impairment of a body function, or paralysis.

Concealed Pistol License (CPL) After DUI Conviction

A DUI conviction can raise important questions about eligibility for a Concealed Pistol License (CPL). Individuals with a single DUI conviction must wait until three years have passed since the date of conviction before applying for a Concealed Pistol License (CPL). Individuals with two prior DUI convictions must wait until eight years have passed since their last conviction.

Other facts to consider include:

• You must be at least 21 years old to apply for a CPL
• You must be a citizen of the United States or lawfully admitted into the United States
• You must have been a Michigan resident for at least six months before applying for a CPL; however, the County Clerk can waive the six-month residency requirement in certain circumstances
• You must complete a CPL safety training course
• You must possess a valid driver’s license or state ID
• You must not be subject to any of the following:
  • Involuntary hospitalization or alternative treatment
  • Legal incapacitation
  • Personal Protection Order (PPO)
  • Bond or conditional release that prohibits the purchase of a firearm
  • A finding of Not Guilty by Reason of Insanity
  • Be prohibited from possessing, using, transporting, selling, purchasing, shipping, receiving, distributing, or carrying a concealed firearm

Most Drivers Can Own a Gun After a DUI Conviction

Most Michigan drivers are able to keep their firearms after a DUI charge, and even purchase new ones. While you may face other consequences for a DUI charge, most Michigan drivers do not lose their gun ownership rights after a misdemeanor DUI.

Charged with DUI in Michigan? Elmen Legal Can Help.

If you were charged with DUI/OWI in Michigan, Elmen Legal can help. Elmen Legal is located in Ann Arbor and represents individuals charged with OWI/DUI and other criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.