2 DUIs 4 years apart can you still purchase a firearm?

[ty423]

Friend of mine got 2 DUIs under his belt 4 years apart with the last one being about a year old. He wants to purchase a firearm but isn't sure if he can. Any help would be great before he goes and tries to do his basic firearm and purchase. TIA

[ZapThyCat]

Is it bad of me to say that I don't think anyone that's a jerk enough to be drinking and driving deserves to get a gun within a couple years?

Gun owners are supposed to be the most moral, responsible and level headed people there are. Drinking and driving is one of the least moral and responsible things you can do.

I'm not for gun control... but I'm for control over your own body.

[slick_711]

Tell him to stop drinking and driving. Like ZapThyCat said... I'm against gun control as well, but if he is not competent enough to keep your self in control I wouldn't trust him with a gun. A DUI is not usually a "no firearms for life" offense, but it depends on the circumstances, and it will usually prevent him from owning firearms for a few years. His best bet is to have an "Eligibility for purchase of firearms" check run on him, its basically the DROS background check without the gun purchase. Most gun shops hate to do it because its a hassle and they get nothing out of it, but they can do it.

As someone who has lost multiple friends to drunk drivers I have no respect for that bull****. I drink as much as the next guy, more probably, I have a friend that jokes that I'm an alcoholic. That said, I've never once gotten behind the wheel of my truck with more than one or two beers in my system and I'm 6'2" 185lbs. Common sense and common courtesy for yourself and the safety of those around you are not things to be taken lightly.

[Shane916]

I also recommend:

http://ag.ca.gov/firearms/pfecfaqs.php

[FreedomIsNotFree]

Nonsense to those of you that say a simple DUI should bar someone from owning a firearm. In case you did not notice we have a little thing called the 2nd Amendment.

If the DUI is not a felony, meaning you hurt yourself or someone else, there are ZERO restrictions, legally, from owning a firearm.

Zap said...
Gun owners are supposed to be the most moral, responsible and level headed people there are.

Since when? Who told you that? Please point me to the law that requires such moral, responsible and level headedness. I've seen none and I have research the code quite extensively.

This type of attitude plays right into the hands of the bradyites.....if they had their way, persons convicted of jaywalking wouldn't be eligible to own firearms.

DUI laws are increasingly restrictive and the limit is systematically being reduced.....pretty soon a single drink would qualify you for a DUI...and if some of the people in this thread have their way you would then be barred from gun ownership.....utter nonsense.

[bwiese]

if his cdl is suspended he'll get denied. if he tried to use it.is he on probation or anything

Not quite.

If his DL is suspended but he has alternate California ID card he can buy a gun.

The DUI itself, unless felony DUI, is not prohibiting.

[StevieG]

A buddy of mine has 2 DUI`s under his belt, got the second while he was still on "probation" for the first, which made it a felony. He has quit drinking, completely, but I don`t know if he`ll ever gets his record clean.

[jaymz]

Nonsense to those of you that say a simple DUI should bar someone from owning a firearm. In case you did not notice we have a little thing called the 2nd Amendment.

If the DUI is not a felony, meaning you hurt yourself or someone else, there are ZERO restrictions, legally, from owning a firearm.

Zap said...


Since when? Who told you that? Please point me to the law that requires such moral, responsible and level headedness. I've seen none and I have research the code quite extensively.

This type of attitude plays right into the hands of the bradyites.....if they had their way, persons convicted of jaywalking wouldn't be eligible to own firearms.

DUI laws are increasingly restrictive and the limit is systematically being reduced.....pretty soon a single drink would qualify you for a DUI...and if some of the people in this thread have their way you would then be barred from gun ownership.....utter nonsense.

Amen to that.:D

[yoteassasin]

get a california id card the reason the dros gets denied is that people try to use their drivers licence but it is not concidered a valid id 'cause it is suspended other wise as long as he is in good standing on probation he can buy a gun just like the rest of us oh and .................................................. ......... BTW i got 2 diu's in 3 years but have never been in an accident or have gotten so much as a parking ticket so i think that if you ever get in an accident or get a ticket it demonstrates a gross lack of responibilitiy with a "deadly wepon" and should not be able to own a firearm
.................................................. ....... oh yea 2nd amendment live it and love it this is the same argument we have over banning "assult rifles"
with the zumbo types

[Satex]

Nonsense to those of you that say a simple DUI should bar someone from owning a firearm.

No such thing a a "simple DUI", driving drunk is exactly like attempted murder.
Someone with 2 DUIs shouldn't be eligible for a driver's license let alone a firearm. If you don't have the mental capacity to avoid DUI, you don't have the mental capacity to own a firearm. One time may be considered a fluke by some, but two times and its "a pattern of abuse".

[Solidmch]

Nonsense to those of you that say a simple DUI should bar someone from owning a firearm. In case you did not notice we have a little thing called the 2nd Amendment.

If the DUI is not a felony, meaning you hurt yourself or someone else, there are ZERO restrictions, legally, from owning a firearm.

Zap said...


Since when? Who told you that? Please point me to the law that requires such moral, responsible and level headedness. I've seen none and I have research the code quite extensively.

This type of attitude plays right into the hands of the bradyites.....if they had their way, persons convicted of jaywalking wouldn't be eligible to own firearms.

DUI laws are increasingly restrictive and the limit is systematically being reduced.....pretty soon a single drink would qualify you for a DUI...and if some of the people in this thread have their way you would then be barred from gun ownership.....utter nonsense.

+1 to that moral guy

[scootergmc]

A buddy of mine has 2 DUI`s under his belt, got the second while he was still on "probation" for the first, which made it a felony. He has quit drinking, completely, but I don`t know if he`ll ever gets his record clean.

A DUI while on probation for a DUI doesn't make it a felony, at least not in CA. Your fourth DUI within 10 years does.

And nonsense to anyone minimizing a DUI as "simple." :rolleyes:
And nonsense to anyone saying misdo DUIs should hinder your gun rights.

[Solidmch]

No such thing a a "simple DUI", driving drunk is exactly like attempted murder.
Someone with 2 DUIs shouldn't be eligible for a driver's license let alone a firearm. If you don't have the mental capacity to avoid DUI, you don't have the mental capacity to own a firearm. One time may be considered a fluke by some, but two times and its "a pattern of abuse".

:rolleyes: okay. I knew guys in the Marine Corps that were freekin drunks. They could shoot straight and fight hard when the warm stuff hit the fan. Get off your high horse. Maybe two is what the guy needed to wake up. Let me spell it out for you. Preventing someone from getting a gun because they had two DUI's is "gun control" If it is not a felony then they should have a gun.

[FreedomIsNotFree]

No such thing a a "simple DUI", driving drunk is exactly like attempted murder.
Someone with 2 DUIs shouldn't be eligible for a driver's license let alone a firearm. If you don't have the mental capacity to avoid DUI, you don't have the mental capacity to own a firearm. One time may be considered a fluke by some, but two times and its "a pattern of abuse".


Thankfully this is just your opinion and not related to actual law...

Last time I checked, driving a car was not covered in the Bill of Rights....trying to compare the two in any manner is apples and oranges...

Of course, you are entitled to your opinion no matter how out of step with reality it may be.

Oh, and let me clarify....by "simple DUI" I mean the charge of DUI with ZERO extenuating circumstances such as injury or property damage....I guess I need to be clear with the legal terms....you know....with the whole "attempted murder" allegation and such.

[Solidmch]

Thankfully this is just your opinion and not related to actual law...

Last time I checked, driving a car was not covered in the Bill of Rights....trying to compare the two in any manner is apples and oranges...

Of course, you are entitled to your opinion no matter how out of step with reality it may be.

Oh, and let me clarify....by "simple DUI" I mean the charge of DUI with ZERO extenuating circumstances such as injury or property damage....I guess I need to be clear with the legal terms....you know....with the whole "attempted murder" allegation and such.

Its kinda like Robert F Kennedy JR wanting to charge Glen Beck and Rush with "treason" because they dont belive in global warming.

[scootergmc]

Its kinda like Robert F Kennedy JR wanting to charge Glen Beck and Rush with "treason" because they dont belive in global warming.


You saw that tonight too? :p

[bwiese]

I think a lot of DUI cases are gonna go by the wayside in the future with some bright lawyers.

The various breathalyzer testers use proprietary not-publicly-documented internal firmware which cannot be analyzed for accuracy, consistency, etc. No one knows what tricks are done for sensor linearization, etc, nor if their are bugs. Vendors of such boxes do not release their proprietary design details even under subpoena.

The defense cannot obtain it for analysis, which effectively mucks up chain of evidence and it's a gross due process violation to essentially be 'convicted' by a black box over which even the prosecution has no real knowledge of what's going on inside.

[simonov]

Is it bad of me to say that I don't think anyone that's a jerk enough to be drinking and driving deserves to get a gun within a couple years?

You're not a jerk.

I got a DUI a long time ago. The legal consequences haven't changed much since then, and one of the things we had to do was go to a class that taught us about alcoholism, the effects of alcohol on driving and, most important, the unholy ****rain that would happen if you ever came back for a second offense (very severe penalties compared to a first offense). The only way anyone who was awake through that class could ever get a second offense is if he is:

a) a hard-core alcoholic who has far bigger problems than whether or not he can legally possess a gun; or

b) a completely irresponsible *******.

Thirty-five percent of the class, on average, got a second offense. On the other hand, 65% modified their behavior so they never again got a DUI.

[TKM]

There is a difference between being drunk and being over .08. Drunk drivers suck.

MADD and other blissninnies (not physicians) have caused the legal limits to be lowered over the years. Politicians suck.

Law enforcement stopped listing alcohol caused accidents years ago, preferring the much wider alcohol related category. It's a social engineering scam much like the whole gun control thingy. Politicians suck.

A weeping mother whose kid got squashed by a drunk will generate as much bad legislation as a weeping mother whose kid got shot by a punk. Bad guys suck.

Tragedies all, but not cause for laws for all.

[wildcard]

There is a difference between being drunk and being over .08. Drunk drivers suck.

Exactly. I'm not going to sit here and assume that just because somebody got a DUI, they're also drunk.

[schizrade2]

Is it bad of me to say that I don't think anyone that's a jerk enough to be drinking and driving deserves to get a gun within a couple years?

Gun owners are supposed to be the most moral, responsible and level headed people there are. Drinking and driving is one of the least moral and responsible things you can do.

I'm not for gun control... but I'm for control over your own body.

Boy, that took a long time.:sleeping:

[ty423]

wow...i was expecting a yes or no answer...but i guess there is more to it then that. Here is alittle more info...My friend is a sushi chef that stands behind a sushi bar. Customers buy him drinks almost everyday. After his 2nd offense he hardly ever drinks and dreads drinking with the customers. Now he sips on it and dump most of it down the drain...I know "what a waste" but hell he's scared ****less of a 3rd DUI which means big jail time. He was supposed to get 90days in jail but got 1 year of probation while taking weekend classes and whatever. He has to be home everyday before 11pm everyday...sucks to be him. He really doesn't want to drink anymore and he really learned his lesson.

I would say out of my own experience and from what I've heard more then 50% of sushi chefs out there have had a DUI.

[CCWFacts]

Not quite.

If his DL is suspended but he has alternate California ID card he can buy a gun.

The DUI itself, unless felony DUI, is not prohibiting.

That's my understanding, and DUIs are not normally felonies.

Just because he can doesn't mean he should, though. If he got two DUIs in the past four years he should be focusing on assessing himself, figuring out how to get control of his life, alcohol, and responsibility. Just my personal opinion!

Edited: Just read the part about him being a sushi chef. Yes I have seen, they do end up drinking a lot, not entirely by choice. I'm glad to hear he is now dumping it. It's an occupational hazard but DUI #1 should have been the major wake-up call that he needs to find another way to be polite to customers without drinking it.

[xrMike]

Tell him to take a lesson from Clinton, and drink the saki, but do not swallow it.

[ty423]

That's my understanding, and DUIs are not normally felonies.

Just because he can doesn't mean he should, though. If he got two DUIs in the past four years he should be focusing on assessing himself, figuring out how to get control of his life, alcohol, and responsibility. Just my personal opinion!

Edited: Just read the part about him being a sushi chef. Yes I have seen, they do end up drinking a lot, not entirely by choice. I'm glad to hear he is now dumping it. It's an occupational hazard but DUI #1 should have been the major wake-up call that he needs to find another way to be polite to customers without drinking it.

I agree...the problem is when the owner wants the sushi chefs to drink with the customers. It brings more alcohol sales and customers. If you refuse too much you might risk getting fired.