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Is my DUI considered a felony?
Anonymous1 views3 answers
I was convicted of my first (and currently only) DUI in late 2008. I wrecked my truck, alone. Nobody else was involved, but I was severely injured. I am an avid hunter and carried a valid FOID card, up until it expired 12/09. Will my DUI be considered a felony, and if not, will it render the renewell of my FOID card difficult if not impossible?
Go to the courthouse where you were convicted and request a "disposition" of your case from the clerk.
This will tell you if you were convicted of a Felony or Misdemeanor.
Good Luck.
The gun laws from where you live will govern you.
All 50 states must follow the federal gun law possession ban. Here, when you are looking to possess a gun, you will run into it as well.
Check with a local lawyer to make sure you can reinstate your civil rights so you may own a gun legally. The DUI may be the reason you can never own a gun?
Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what state law says:
(1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Fugitive from justice;
(3) Unlawful user of or addicted to any controlled substance;
(4) Adjudicated as mentally defective or has been committed to a mental institution;
(5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Discharged from the US military by dishonorable conditions;
(7) A former citizen of the United States who has renounced US citizenship;
(8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Convicted of a misdemeanor crime of domestic violence
.... Cannot lawfully receive, possess, ship, or transport a firearm.
If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again
Generally speaking first DUI's are not felonies. The clerk of the circuit court or your attorney should be able to tell you if you were charged under one of the exceptions to that rule.
John Yetter
