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.