If you’ve been arrested for driving under the influence in Goodyear, Arizona, one of the most overlooked — and life-changing — issues that might arise is the gun ownership consequences of a DUI. At Arizona DUI Pros, we understand that protecting your rights doesn’t stop at fighting the DUI charge itself — it includes safeguarding your Second Amendment rights as well.
We’re here to help you navigate the complicated aftermath of a DUI arrest. Whether you’re facing a first-time offense or dealing with a felony-level DUI, our legal team is ready to fight for you. If you or someone you know is wondering how a DUI charge affects your ability to own, possess, or carry a firearm in Arizona, call Arizona DUI Pros today at (602) 922-3755 for a confidential consultation.
Let’s dive into what the gun ownership consequences of a DUI really look like under Arizona law — and how you can fight to preserve your rights.
🔫 Arizona Laws on Firearm Possession
In Arizona, the right to own and carry firearms is generally protected under both the U.S. Constitution and Article 2, Section 26 of the Arizona Constitution. However, certain criminal convictions — including some DUI offenses — can create serious gun ownership consequences of a DUI.
Specifically, ARS § 13-904(A)(5) and ARS § 13-3101(A)(7) govern the loss of civil rights, including firearm rights, after a felony conviction. Under these statutes, a person convicted of a felony is considered a prohibited possessor and may not legally possess or purchase firearms.
What does this mean in the context of DUI charges? If your DUI is classified as a felony DUI — known in Arizona as Aggravated DUI — your right to own firearms may be suspended or permanently revoked.
Understanding the gun ownership consequences of a DUI starts with knowing whether the charge is a misdemeanor or a felony.
🏛️ Federal vs. State Law: How Federal Firearm Regulations Impact Arizona DUI Cases
State Law Isn’t the Whole Story
When discussing the gun ownership consequences of a DUI, most people focus only on Arizona law. But federal law can be just as impactful — and in many cases, more permanent.
Arizona may allow you to own a gun again after a felony DUI. The federal government might not.
What Federal Law Says
Under 18 U.S.C. § 922(g)(1), anyone convicted of a felony — defined as a crime punishable by more than one year in prison — is federally prohibited from owning or possessing a firearm.
Even if Arizona later restores your rights, the federal government can still label you a prohibited possessor.
This creates a dangerous situation. You may think you’re in the clear under state law — but federal law says otherwise.
Arizona “Wobblers” Still Count
Some felony DUIs in Arizona start as Class 6 undesignated felonies. These may eventually be reduced to misdemeanors — but not always.
If your conviction isn’t formally designated as a misdemeanor, federal law will still treat it as a felony. That means you’re still federally barred from gun ownership.
Another example of the serious gun ownership consequences of a DUI — even when Arizona gives you a second chance.
Risk of New Charges
If you’re caught with a firearm while under federal restriction, you could face a new federal felony — punishable by up to 10 years in prison.
Many people don’t realize this until it’s too late.
ATF Enforcement Is Real
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) actively investigates prohibited possessors. This includes people with felony DUI records, even if their state rights have been restored.
So while Arizona might give you back your gun rights, the feds might not — and violating that restriction can have devastating consequences.
Let Arizona DUI Pros Help
Understanding the full gun ownership consequences of a DUI means knowing both state and federal law.
Let the attorneys at Arizona DUI Pros help you evaluate your risk and your options. Call us at (602) 922-3755 before making a mistake that could cost you your rights — or your freedom.
⚖️ DUI Levels and Their Impact on Gun Rights
Most DUI offenses in Arizona are charged as misdemeanors under ARS § 28-1381, and misdemeanor DUIs typically do not affect your right to possess firearms. However, the situation changes dramatically when a DUI is charged as a felony, such as:
-
DUI while your license is suspended or revoked
-
DUI with a minor under 15 in the vehicle
-
Third DUI offense within 7 years
-
Refusing to install an interlock device when ordered
-
Driving the wrong way on a highway under the influence
These situations fall under ARS § 28-1383, Arizona’s Aggravated DUI statute. A conviction under this section is a Class 4 or Class 6 felony, depending on the circumstances. Once convicted of a felony, the gun ownership consequences of a DUI become immediate and significant — you become a prohibited possessor under ARS § 13-3101, and restoring your gun rights can take years, if it’s even possible.
🔍 Hypothetical Scenario 1: First-Time DUI Offender in Goodyear
Context:
John is a 29-year-old Goodyear resident who gets pulled over for swerving between lanes. He is arrested for DUI and later charged under ARS § 28-1381(A)(1) for a blood alcohol concentration (BAC) of 0.10%. John has no prior criminal record, no passengers in the car, and complies fully with law enforcement.
Analysis:
John’s DUI is a Class 1 misdemeanor, and under Arizona law, this offense alone does not trigger the gun ownership restrictions set forth in ARS § 13-904 or the prohibited possessor list under ARS § 13-3101.
Gun Ownership Consequences of a DUI:
In this case, the gun ownership consequences of a DUI are minimal. John retains his right to possess and purchase firearms. However, any probation terms may temporarily limit possession during the probation period depending on court-ordered conditions. His firearm rights are technically unaffected unless another aggravating factor arises.
Takeaway:
While the legal system may not classify a misdemeanor DUI as grounds for prohibiting firearm possession, individuals should still take every DUI seriously. A future second DUI — or one with aggravating factors — could quickly escalate and bring severe gun ownership consequences of a DUI.
🔍 Hypothetical Scenario 2: Aggravated DUI with Prior Conviction
Context:
Maria, a 43-year-old from Goodyear, is pulled over late at night after driving the wrong way on the I-10. Officers determine she is under the influence with a BAC of 0.17%. She also has a prior DUI conviction from three years earlier. She is charged under ARS § 28-1383(A)(1) — an Aggravated DUI.
Analysis:
Maria’s new DUI is now a Class 4 felony, and the consequences are far more serious. Not only is she facing prison time, but under ARS § 13-904, a felony conviction will result in the automatic suspension of her civil rights, including the right to own or possess firearms.
Gun Ownership Consequences of a DUI:
This case presents the most severe gun ownership consequences of a DUI. Maria will become a prohibited possessor under ARS § 13-3101(A)(7), meaning she cannot legally possess, own, or buy any firearms. She could also face criminal charges if she is found with a firearm after her conviction. While restoration of rights may be possible, it requires completing the sentence, waiting a minimum number of years, and filing a petition with the court.
Takeaway:
In felony cases like Maria’s, the gun ownership consequences of a DUI are life-changing. It is essential to seek immediate legal representation to explore options for reducing the charge or negotiating alternatives that could protect your constitutional rights.
🔁 Restoring Gun Rights After a Felony DUI in Arizona
Is It Even Possible?
Yes — but it takes time, effort, and legal strategy.
The gun ownership consequences of a DUI can be reversed in some cases, but not automatically.
You’ll need to follow the correct steps under Arizona law — and know when federal law still applies.
Step 1: Set Aside the Conviction
Under ARS § 13-905, you may apply to set aside your felony DUI after completing all sentencing terms.
This includes:
-
Jail or prison time
-
Probation
-
Fines and fees
-
Any classes or treatment ordered by the court
A set-aside marks the conviction as dismissed — but doesn’t restore your gun rights.
That’s where Step 2 comes in.
Step 2: File to Restore Civil Rights
Under ARS § 13-904, you must apply separately to restore your civil rights, including your right to possess firearms.
The waiting period depends on your record:
-
2 years after completion of sentence (if this is your only felony)
-
10 years if you have multiple felony convictions
The court can deny your petition if it believes you’re still a risk — especially if your DUI involved high BAC levels, endangerment, or repeat offenses.
Federal Law Still Applies
Even if Arizona restores your rights, federal law may still bar you from owning a gun.
This is a key part of the gun ownership consequences of a DUI. Just because one system says “yes” doesn’t mean the other will.
You could still fail a background check or face federal charges if you’re caught with a firearm.
Why Legal Help Matters
Restoring your rights after a DUI is not just paperwork. It’s a legal argument.
You’ll need to:
-
Prove rehabilitation
-
Show stability and law-abiding behavior
-
Understand how both Arizona and federal law apply
At Arizona DUI Pros, we’ve helped clients across Goodyear work toward restoring their rights — the right way.
Don’t Go It Alone
The gun ownership consequences of a DUI don’t have to be permanent — but you have to act the right way, at the right time.
Let our team help you understand what’s possible. Call Arizona DUI Pros at (602) 922-3755 and find out where you stand.
📚 ARS Statutes Relevant to Firearm Possession and DUIs
-
ARS § 28-1381 – Misdemeanor DUI
-
ARS § 28-1383 – Aggravated (Felony) DUI
-
ARS § 13-3101 – Definitions; “Prohibited Possessor”
-
ARS § 13-904 – Suspension and restoration of civil rights
-
ARS § 13-905 – Application for set-aside of conviction
Each of these statutes plays a role in determining the gun ownership consequences of a DUI, particularly when it comes to whether the offense rises to the level of a felony and whether civil rights can be restored.
❓ Frequently Asked Questions (FAQs)
Q1: Can I keep my gun if I’m on probation for a misdemeanor DUI?
Possibly not. While a misdemeanor DUI doesn’t strip gun rights, some judges impose probation terms that restrict firearm possession during the probationary period.Q2: Will a DUI show up on a background check for gun purchases?
Yes. Even misdemeanors will appear, and felonies will automatically bar you from legal firearm purchases.Q3: Can I apply to get my gun rights back after a felony DUI?
Yes, but only after fulfilling all sentence requirements, including probation or prison time, and waiting the required number of years. Then you must petition the court.Q4: Can medical marijuana use complicate firearm rights after a DUI?
Yes. Although Arizona permits medical marijuana, it is still illegal under federal law, which can impact gun rights, especially when combined with a DUI.Q5: Will a DUI in another state affect my gun rights in Arizona?
If the DUI was a felony in another state, it could still result in your classification as a prohibited possessor under Arizona law.
🧠 Conclusion: Protect Your Rights with Arizona DUI Pros
The gun ownership consequences of a DUI can be minor — or they can be devastating. Whether your DUI charge is a misdemeanor or has risen to a felony level, your Second Amendment rights are at stake, and the legal process can be unforgiving.
At Arizona DUI Pros, our mission is to protect more than just your driving record — we fight for your constitutional rights. Don’t face these charges alone or wait until it’s too late to preserve your firearm rights. If you’re dealing with the gun ownership consequences of a DUI, call us immediately at (602) 922-3755.
We’re ready to stand by you, help reduce or challenge the charges, and take the steps necessary to keep your record — and your rights — intact.
