It depends on whether your DUI conviction is deemed a misdemeanor or felony. A first-offense DUI conviction is a misdemeanor in Maryland and, thus, should not impair your ability to own a firearm. This assumes the DUI was a “standard” DUI without any aggravating factors (like causing an accident while driving drunk that resulted in fatalities or major bodily injuries). However, any subsequent convictions will likely prevent you from owning a firearm.

Gun laws are complicated by the fact that both federal and Maryland State laws apply. Under both sets of laws, being a convicted felon will preclude you from owning or possessing a firearm (and also preclude you from owning/possessing ammunition). If you are found in violation of these prohibitions, you are likely to be charged with another set of potential crimes, generally called “felon-in-possession” crimes.

What is a “Felony”?

With respect to what is deemed a “felony,” here again, things are legally complicated. Under most State laws, a “felony” is a crime where a jail term of a year or more CAN be imposed. This is the definition for federal gun control laws. Thus, if you are convicted of a Maryland State crime where the punishment CAN be more than one year, then the crime is a “felony” for purposes of federal law. As such, federal law will prohibit you from having a firearm (or ammunition).

On the other hand, Maryland criminal law defines various crimes as “misdemeanors” or “felonies” without too much regard for the number of years of potential jail time. Under Maryland law, you will be prohibited from having a firearm/ammunition only if you are convicted of a “felony” as defined by Maryland criminal law.

However, in practice, it does not matter since federal law will apply if you are convicted of a crime where the punishment CAN BE a year or more in jail.

Note also that it does not matter if you are actually sentenced to a year or more in jail. The focus is on whether you COULD have been sentenced to jail for a year or more.

What About Maryland DUI Convictions?

In Maryland, these are the potential punishments for a “standard” DUI conviction:

• First offense — up to one year in jail — this is a “misdemeanor” under both Maryland and federal law — no bar to gun possession
• Second offense — up to two years in jail — this is a “misdemeanor” under Maryland State law, but a “felony” under federal law — a conviction would be a bar to gun possession under federal law
• Third offense and subsequent — up to three years in jail — these are “felony” convictions under both Maryland State and federal law — conviction would be a bar to gun possession under both sets of laws

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.