In 1988 I got a 4th dui, which is a felony in California. Will that keep me from buying a firearm?

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That's pretty much it. I have not gotten a dui since and now have a Class A.

Attorney Answers

4
David Allen BrooksCriminal Defense AttorneyEl Dorado Hills, CA ·
It has a broader effect than that. If you are convicted of a felony you may not possess a firearm in the state of California. Possession means the ability to exercise control over a firearm, not just ownership. The ban is lifetime, even where a felony is reduced to a misdemeanor after completion of probation.
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Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
A convicted felon can not possess a firearm. you should go to court and get the case dismissed and cleared from you record. you will have to show the court good cause to do that. You should contact an attorney in your area s a PC 12
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Andrew Roberts ·
You have a lifetime ban. No real question presented.
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Adam Richards ·
There are varying degrees of incorrect information provided by some of my colleagues above. First, they are correct that you may not possess firearms or ammunition if you are convicted of a felony. However, some felonies are capable of being reduced to misdemeanors if they are so-called "wobblers" and the defendant was not sentenced to a prison term. A "wobbler" is an offense that can be charged as a misdemeanor or a felony in the discretion of the DA. Pursuant to Vehicle Code section 23550, a fourth DUI within ten years is punishable as a misdemeanor OR a felony. Because of this, you are eligible to petition the court to reduce your offense to a misdemeanor pursuant to Penal Code section 17(b). Reducing your offense to a misdemeanor pursuant to 17(b) is for all purposes and restores your right to own and possess firearms and ammunition. Merely dismissing ("expunging") your conviction pursuant to Penal Code section 1203.4 will NOT restore your right to own firearms. You could pursue a Certificate of Rehabilitation and pardon since you have a felony conviction. However, that would be a wasted effort since the 17(b) has a much higher chance of success, is quicker, and would be substantially cheaper if you choose to hire an attorney. Good luck restoring your rights. Give me a call or email if you have other questions.
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