Can I Keep my Gun if I Get a DUI?

Posted by William H. Sherman on Jul 13, 2014 | 0 Comments

Question:  I got arrested for DUI in Cherokee County and I'm worried that I will lose my gun.  I was out just having a good time and went to a few bars.  I spent some time at Little River Sports Bar & Grill, The Sixes Tavern & Bodock's Bar & Grill in Canton.  Then I went to Woodstock and went to 7 Tequilas Mexican Restaurant and Sidelines Grille.

A Cherokee cop me as I was going to pick up my wife from work.  She works late at a supermarket.  When I went to the grocery store I kind of staggered around and fell.  A Cherokee sheriff's deputy happened to be in the store and came over to help me.  We got into a bit of an argument because he made a joke about me being drunk.  When I told him to mind his own business he asked me to stop but foolishly I ran to my car and got in.  As I was fumbling for my keys he ran over and made me get out.

Anyway, I got arrested for DUI and a few other charges.  I know it doesn't look good that he Tasered me.  What I really care about is keeping my gun, which was a gift from my father-in-law who made it hand in his garage in Holly Springs from parts he bought online.

My friend was telling me that if you get a DUI in Georgia then you lose your right to have a weapon.  But don't I have Second Amendment rights?  Is that true?  I've never been in any trouble before.

Answer:  We get a lot of firearm-related questions from DUI clients.  Assuming this is your first DUI then you can keep your firearm.  A first DUI is usually a misdemeanor (except in rather uncommon cases, like when you cause serious bodily injury to another party).

This appears to be your first DUI and there was not an accident.  Maintaining your right to bear arms does not appear to be an issue.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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