Dui?

[Dr_Fwd]

the guy from work wants to buy a pistol, I know for sure that he had a couple of DUIs in the past (even spent 2 years in preason for it.) the question is - is it leagal to sell firearm to him? thanks.

[Irving]

That's one where I would support requiring him to pass a background check first. You ought to be able to find someone who will run it for him for $30 or so.

[Batteriesnare]

I thought a DUI was a felony, and felons cannot own firearms.

[BigBear]

...a couple of DUIs ... 2 years in prison...

I'd be walking just for that... but is it legal, DUI is felony right? Still STRONGLY suggest you run a background as mentioned. How about going consignment through a FFL?

[Irving]

DUI is a felony? What the hell?

[SA Friday]

Any crime punishable with a prison sentence over 12 months is a felony. No, it's not legal to sell him a gun. You can try, but it would be a waste of $30.

[BigMat]

DUI can be either. First time is normally not a felony depending on how drunk and what happened, but for a guy to spend 2 years in prison I would bet that is a felony. Normally excess of 1 year jail time goes with felony, I don't know if DUI is a special case. EDIT:beat me to it SA friday

[Bailey Guns]

Having made over 800 DUI arrests I can tell you DUI is not a felony. It's a misdemeanor...even for a second or subsequent offense. There would have had to be more than just a DUI for him to have gone to prison for 2 years...such as Habitual Offender, some sort of accident involving bodily injury or death, etc... It's possible he went to jail for two years on some sort of consecutive sentencing on more than one charge. Some people use jail and prison interchangably even though there's a difference. But the sentence for DUI cannot be more than 1 year in jail for just the DUI charge.

A DUI does not prohibit someone from getting a permit unless there is more than one (or a DL revocation) within 10 years of the application date:

From the County Sheriff's of Colorado website:

Chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired if the applicant has been committed as an alcoholic pursuant to C.R.S. 25-1-310 or 25-1-311 or has had two or more alcohol-related convictions or revocations under C.R.S. 42-4-1301 (1) or (2) or 42-2-126, or any law of another state that has similar elements, within the ten-year period immediately preceding the date on which the permit application is submitted. The prohibition specified shall not apply to an applicant who provides an affidavit, signed by a professional counselor who is licensed pursuant to Article 43 of Title 12, C.R.S. and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years; except it shall apply if the person was ever involuntarily committed as an alcoholic.

Having said all that, it may be legal for him to own/possess/buy a gun or it may not.

I agree with the other posters that this is a case where it would be prudent to have him go through a background check.

[Dr_Fwd]

Having made over 800 DUI arrests I can tell you DUI is not a felony. It's a misdemeanor...even for a second or subsequent offense. There would have had to be more than just a DUI for him to have gone to prison for 2 years...such as Habitual Offender, some sort of accident involving bodily injury or death, etc... It's possible he went to jail for two years on some sort of consecutive sentencing on more than one charge. Some people use jail and prison interchangably even though there's a difference. But the sentence for DUI cannot be more than 1 year in jail for just the DUI charge.

A DUI does not prohibit someone from getting a permit unless there is more than one (or a DL revocation) within 10 years of the application date:

From the County Sheriff's of Colorado website:

Chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired if the applicant has been committed as an alcoholic pursuant to C.R.S. 25-1-310 or 25-1-311 or has had two or more alcohol-related convictions or revocations under C.R.S. 42-4-1301 (1) or (2) or 42-2-126, or any law of another state that has similar elements, within the ten-year period immediately preceding the date on which the permit application is submitted. The prohibition specified shall not apply to an applicant who provides an affidavit, signed by a professional counselor who is licensed pursuant to Article 43 of Title 12, C.R.S. and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years; except it shall apply if the person was ever involuntarily committed as an alcoholic.

Having said all that, it may be legal for him to own/possess/buy a gun or it may not.

I agree with the other posters that this is a case where it would be prudent to have him go through a background check.

Thank you!

[Dr_Fwd]

That's one where I would support requiring him to pass a background check first. You ought to be able to find someone who will run it for him for $30 or so.

That's what I'm gonna ask him.