While you have the right to own a gun in the United States, some conditions apply. Any violation of these conditions can lead to serious consequences. Read on to understand whether you hold the right to own a gun after a DWI offense and how a seasoned Kaufman County, Texas DWI lawyer at Harrell & Paulson, LLP can be of assistance.
Can I own a gun after a DWI in the state of Texas?
Notably, if you have a status as a convicted felon, there are conditions for owning a gun in the state of Texas.
For instance, if you have been charged with a DWI, and you already have two prior convictions, then this third conviction will result in a felony. This means that your right to own a gun will be restricted.
Other DWI offenses that are considered felonies include a DWI with a minor, intoxication assault, and intoxication manslaughter. Importantly, this is regardless of whether it is your first offense.
How can I fight for my right to own a gun after a DWI?
Unique to most states, Texas has exceptions to its laws surrounding gun ownership in association with DWI offenses. Specifically, if you have been convicted of a felony, such as a third-offense DWI, but you have completed your sentence, you are allowed to own a gun after five years of completing your said sentence.
With this, you must keep the firearm on your premises and in your home. And if it is reported to the authorities that you possess this gun, you may be arrested and charged. This is because federal law does not permit gun ownership after five years. And federal law has ultimate control over Texas law.
What are the consequences of illegally owning a gun after a DWI?
If you are caught illegally owning a gun after a DWI offense in the state of Texas, then you will likely be charged with a Class A misdemeanor. The penalties associated with this conviction include up to 12 months in jail and a fine of up to $4,000.
Under certain circumstances, this can be considered a third-degree felony. With this, you will likely be sentenced to up to 10 years in jail and a fine of up to $10,000.
With all this being said, after a DWI you must understand the Texas and federal gun laws before making any serious decisions. If you require more information on this matter, you should consult with a competent Kaufman County, Texas criminal defense lawyer at your earliest convenience.
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