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Gun Felony entry

Is a DUI a Felony? DUI Convictions and Gun Rights

Last reviewed: 2026-08-28Topic: Federal Gun Laws
Quick answer

A DUI can be a misdemeanor or felony depending on the state, number of prior offenses, injury or death, child-passenger facts, license status, and other aggravating circumstances. A felony DUI can trigger federal § 922(g)(1), and some states impose firearm consequences for repeat DUI even when the federal felony rule does not apply.

A DUI can be a misdemeanor or felony depending on the state, number of prior offenses, injury or death, child-passenger facts, license status, and other aggravating circumstances. A felony DUI can trigger federal § 922(g)(1), and some states impose firearm consequences for repeat DUI even when the federal felony rule does not apply.

When is a DUI a felony?

States commonly elevate repeat DUI, DUI causing serious injury or death, and certain aggravated circumstances. The conviction statute and maximum penalty must be checked.

Federal firearm effect of felony DUI

If the DUI conviction is a qualifying crime punishable by more than one year under § 921(a)(20), it can trigger § 922(g)(1) even though the offense is not commonly described as a gun or violent crime.

State-specific DUI firearm rules

States can use DUI history in firearm licensing or prohibited-person law. Pennsylvania and D.C., for example, include certain repeat DUI history in firearm eligibility rules, but the details are jurisdiction-specific.

Restoration after felony DUI

Restoration may depend on whether the state treats the offense as violent, dangerous, serious, or otherwise excluded from ordinary expungement or restoration.

Use the 50-state directory

Firearm eligibility is unusually dependent on jurisdiction. Review the individual page for every state and the District of Columbia for restoration rules, carry and acquisition policy comparisons, official code links, and state-specific keyword FAQs.

Read the major court cases

Current firearm law is changing through litigation. The 25-case library covers Bruen, Rahimi, Hemani, Wolford, recent § 922(g)(1) circuit cases, ACCA sentencing, purchaser licensing, sensitive places, magazine limits, ghost guns, age limits, and other decisions affecting the answer.

Frequently asked questions

Is a DUI a felony?

It can be. The answer depends on state law, prior DUI history, injuries, death, and other aggravating facts.

Does felony DUI make you a felon for gun laws?

A qualifying felony DUI can trigger federal § 922(g)(1) and separate state firearm restrictions.

Can a misdemeanor DUI affect gun rights?

In some states, repeat or specified DUI history can affect firearm eligibility or licensing even if the conviction is not a federal felony predicate.

Can gun rights be restored after a felony DUI?

Possibly, depending on the state restoration statute, conviction, waiting period, and federal law.

Sources and legal references