Generally speaking, if you’re convicted of driving under the influence (DUI) or driving while impaired (DWI) in Maryland it will most likely not affect your legal right to own or transfer firearms. DUI in Maryland is a misdemeanor, and normally only felony convictions will impact your right to own a gun. However, your right to own a firearm may be stripped under the following circumstances.
- Your DUI sentence has a penalty of more than two years in prison.
- The court finds you to be a habitual drunkard.
- You are convicted of a felony DUI (when there is significant bodily injury or death).
- You are convicted of a violent crime, such as vehicular manslaughter.
- You’re convicted of a misdemeanor or common law crime that has a statutory penalty of more than two years.
What if I have multiple DUI/DWIs?
A second DUI offense in Maryland raises the imprisonment penalty to up to two years, but the law for removal of gun ownership laws requires more than two years before those rights can be stripped. Even though it is a second offense, it’s still a misdemeanor, and therefore not serious enough of a charge to strip gun ownership rights. But, if there is a minor in the car at the time of your arrest for DUI, this will mean a stiffer penalty and could affect your gun ownership rights.
For your third offense, the penalty increases to three years in jail and a loss of your gun ownership rights.
If you believe that your right to own a firearm has been unfairly infringed, contact us today for a free consultation or call our experts at Albers & Associates at (443) 543-8517. With offices in Baltimore, Columbia, Towson, Northern Virginia, Westminster, and Dundalk, we’re here to help you with any questions you may have.