Expert: Dan Haynes - 8/10/2010

Question
QUESTION: I live in Pennsylvania. In 2007 I was convicted of a second DUI (highest
tier) which is an M-1 misdemeanor in PA. Under federal law any conviction
that carries a possible sentence of over a year prohibits you purchasing a
gun is what I read. A month ago tried to buy a shotgun got denied
challenged it and the DUI was the reason I was denied. Is this correct?

ANSWER: Patrick,

Thanks for asking. Yes this is correct. See the summary below for more information.

Dan


Under federal law supported by the National Rifle Association, the use of a firearm in a violent or drug-trafficking crime is punishable by a mandatory prison sentence of up to 20 years. A second conviction, if the firearm is a machine gun or is equipped with a silencer, brings life imprisonment without release. Violating firearms laws should lead to very real punishment for violent criminals, but the laws first must be enforced.

Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

   * Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
   * Fugitives from justice.
   * Unlawful users of certain depressant, narcotic, or stimulant drugs.
   * Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
   * Illegal aliens.
   * Citizens who have renounced their citizenship.
   * Those persons dishonorably discharged from the Armed Forces.
   * Persons less than 18 years of age for the purchase of a shotgun or rifle.
   * Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
   * Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
   * Persons convicted in any court of a misdemeanor crime of domestic violence.

Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.

---------- FOLLOW-UP ----------

QUESTION: So I'm not even able to posess a firearm anymore. I'm just asking
because I am am armed security officer at a Nuclear Power plant. Have
been since 2004. Fully disclosed the DUI to my employer and have been
able to continue to arm up up until I told them that I was denied the
shotgun. I thought a DUI did not make you a prohibited person.

Answer
Patrick,

If you are an armed Security officer and have been since 2004, then you should be able to buy a shotgun. If your DUI is the reason that you were denied the shotgun purchase, then you need to file to expunge or pardon your record, so it is clear when you are trying to make a purchase.

Dan