Driving While Intoxicated (DWI) is a serious offense that can ripple far beyond fines, license suspension, or jail time. One of the lesser-known—but highly consequential—effects is the potential impact on your Second Amendment rights. If you’re wondering, “Does a DWI affect my gun rights?”, the answer depends on several key factors including the severity of the offense, prior convictions, and both federal and state laws.
This guide breaks down what you need to know about how a DWI conviction may affect your ability to legally own or possess a firearm—and what you can do if your rights have been restricted.
Federal Law: When A DWI Affects Your Gun Rights
Under federal law—specifically, 18 U.S. Code § 922(g)—you cannot possess or purchase a firearm if you’ve been convicted of a crime punishable by imprisonment for more than one year (usually a felony).
Most First-Time DWI Offenses Don’t Trigger Federal Gun Bans
- A standard first-time misdemeanor DWI (with no aggravating circumstances) typically does not disqualify you from owning firearms under federal law.
- However, if your DWI involved:
- Felony-level charges (e.g., third offense in some states),
- Injury to another person,
- Firearm involvement, or
- Prior felony convictions…
Then you could lose your gun rights under federal statutes.
What About “Habitual Drunkards”?
Federal law also prohibits gun ownership by someone who is an “unlawful user of or addicted to any controlled substance,” which has at times been broadly interpreted. While a single DWI conviction doesn’t make you a “habitual drunkard,” multiple convictions or a history of substance abuse may raise red flags.
State Law: The Crucial Variable
Gun rights laws vary significantly by state—and the outcome of your DWI could differ depending on where you live.
In Minnesota (Example):
- A misdemeanor DWI alone does not typically result in loss of firearm rights.
- However, felony DWI convictions (such as a fourth offense) do.
- Minnesota restores gun rights automatically once probation is completed or the sentence is executed, but some individuals may need to petition the court for full reinstatement.
Other States May Impose:
- Waiting periods for gun rights restoration
- Mandatory surrender of firearms during probation
- Lifetime bans for specific alcohol-related offenses
Always check your state’s specific firearm statutes or consult an attorney familiar with both criminal and Second Amendment law.
Legal Representation Matters More Than You Think
One of the most critical steps you can take when facing a DWI is hiring a knowledgeable DWI defense attorney.
Here’s why:
- They may help reduce the charge from a DWI to a lesser offense that doesn’t carry firearm restrictions.
- They’ll preserve your rights throughout the legal process and ensure you don’t unknowingly waive them.
- They understand the long-term consequences, not just the immediate ones.
Can You Restore Gun Rights After A DWI Conviction?
If your gun rights have been taken away due to a DWI, restoration may be possible. Your options depend on your state, the type of conviction, and how much time has passed.
1. Expungement
- This is the removal of a conviction from your criminal record.
- If granted, your record will no longer show the DWI conviction, and you may regain gun ownership eligibility.
Note: Expungement laws vary and may not remove federal firearm disabilities.
2. Pardon
- A pardon is granted by the governor or a state board and signifies official forgiveness.
- It may restore your civil rights, including the right to bear arms—depending on the wording and the state.
3. Court Petition For Restoration
- Many states allow individuals to petition the court after completing probation or waiting a designated period.
- The court may consider factors such as:
- Time since the conviction
- Lack of additional criminal activity
- Rehabilitation efforts
4. Federal Restoration
- Technically possible under Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) procedures, but in practice, this process has been suspended for years due to lack of funding.
- Instead, most restoration attempts happen at the state level.
Frequently Asked Questions
1. Can A DWI Prevent Me From Getting A Concealed Carry Permit?
Yes—many states deny concealed carry permits for recent DWI convictions, even if your gun ownership rights are intact.
2. What Happens If I Buy A Gun While Disqualified?
Knowingly purchasing or possessing a firearm while legally prohibited is a federal crime that can carry up to 10 years in prison.
3. Does Probation Affect My Gun Rights?
Yes. In many states, you may temporarily lose your gun rights during probation, especially if the terms include no weapon possession.
Final Thoughts
So, does a DWI affect your gun rights? It can—but not always. The answer hinges on:
- Whether your conviction was a felony or misdemeanor
- State-specific gun laws
- Any prior offenses or aggravating factors
- Whether you take action to restore your rights
The bottom line: Don’t guess—consult an attorney who can evaluate your unique situation and protect your future.
At Leverson Budke, we specialize in DWI defense and constitutional rights. If you’ve been charged with a DWI or have questions about restoring your gun rights in Minnesota, contact us for a free consultation. Your freedom and your rights matter.
