Texas law places restrictions on firearm ownership for individuals with DUI or DWI charges. Below we will discuss how these charges affect your rights.
Can You Own or Buy a Gun After a DUI in Texas?
Your eligibility to own or purchase firearms after a DWI depends on the classification of your offense:
- Class C Misdemeanor: No impact on firearm ownership.
- Class A or B Misdemeanors:
- Class B: A first-time DUI is typically classified as a Class B misdemeanor in Texas. You can legally purchase and own firearms after this conviction. However, you will be ineligible for a License to Carry (LTC) for five years following the conviction. This restriction applies specifically to the license, not to general firearm ownership.
- Class A: Restrictions may apply during probation or while a case is pending.
- Felony DUI: Ownership is prohibited for five years after confinement or parole ends. Even after this period, firearm possession is limited to your home.
Firearm Restrictions During and After Probation
If you are on probation after a DWI, your ability to own or buy a gun depends on the type of charge and probation terms:
- Misdemeanor Probation:
- While on probation, you might not be allowed to have a gun if your probation terms include restrictions.
- After finishing probation, you can usually buy and own a gun unless other restrictions apply.
A felony DWI involves serious offenses such as a third DWI, having a child in the vehicle, or causing serious injury or death. If you are on felony probation:
- You cannot own or have a gun at all.
- Even after probation, federal law bans felons from having firearms.
Once probation ends, people with misdemeanor convictions can usually buy guns. Those with felony convictions face stricter rules and cannot own guns under federal law.
Concealed Carry and DUI in Texas
A DUI affects your ability to get a License to Carry (LTC):
- A first-time DUI stops you from getting an LTC for five years after your conviction.
- Two or more DUI convictions within ten years will make you permanently ineligible for an LTC.
Even after you meet the waiting period, there are strict rules for applying for an LTC after a DUI.
Background Checks for Firearm Purchases
DUI charges show up on background checks, but their impact depends on the offense level:
- Misdemeanor DUI: Does not usually prevent you from passing a firearm purchase background check.
- Felony DWI: You will fail a background check due to federal laws that ban felons from owning guns.
Clearing a DUI from Your Record
If you clear your DUI through expungement or a nondisclosure order it removes the record from public view. This restores your firearm rights under Texas law but federal restrictions may still apply. A Houston DWI lawyer can guide you through this process.
Houston DWI Attorney for DUI and Firearm Issues
Have questions about how a DWI affects your gun rights? Call 281-502-2122 to speak with a trusted Houston drunk driving attorney; Get clear answers and reliable guidance.
