There are conditions that are associated with the right to own a gun in the United States. This is especially the case if you have previously committed a criminal offense, such as a DWI. Any violation of these gun possession conditions can ultimately lead to serious penalties. Continue reading to learn whether you can own a gun after a DWI offense and how an experienced McAllen, Texas gun crimes lawyer at the Law Office of Angel Davila can help you navigate this.
Am I allowed to own a gun after a DWI offense in the state of Texas?
There are restrictions to owning a gun in the state of Texas if you hold a convicted felon status. So, if you have been charged with a DWI, and you already have two prior offenses, then this third offense will result in a felony. Your right to hold a gun will thus be limited by this felony. Other DWI convictions that are considered felonies include a DWI with a minor, intoxication assault, and intoxication manslaughter. Importantly, these are considered felonies regardless of whether it was your first offense.
Am I able to fight for my right to own a gun after a DWI offense?
Uniquely, the state of Texas has exceptions to its laws regarding gun possession with a DWI offense. For example, if you have been convicted of a third-offense DWI, but you completed your sentence for this felony, then you are allowed to own a gun after five years from completing the said sentence.
Nevertheless, restrictions will still apply. For one, you must keep your firearm on your premises and in your home. You may be arrested and charged if it is reported to the authorities that you possess this firearm. This is because federal law has ultimate control over Texas law, and it dissimilarly does not permit gun possession after five years from completing a felony sentence.
What are the penalties for illegally owning a gun after a DWI offense?
You will likely be charged with a Class A misdemeanor if you are caught illegally owning a gun after a DWI offense in the state of Texas. The penalties associated with this misdemeanor include up to 12 months in jail and a fine of up to $4,000. Sometimes, this offense can be considered a third-degree felony. The associated penalties include up to 10 years in jail and a fine of up to $10,000.
If you still have further questions about your right to own a gun after a DWI offense, do not hesitate in contacting a skilled McAllen, Texas DWI lawyer today.
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