Can I Hunt While on DUI Probation?
If you’ve ever been convicted of a DUI or are currently on probation for a recent DUI conviction, you might be curious how this may affect your ability to hunt, if at all. The California Department of Fish and Wildlife (CDFW) has many regulations in place with regards to hunting. These regulations may leave you questioning whether a DUI conviction can potentially preclude someone from hunting, especially with a firearm.
Misdemeanor DUI Offense
As of now, there are no restrictions in place, by the California Department of Fish and Wildlife (CDFW) or the federal government that prohibit the act of hunting with a firearm for those that have been convicted of a normal DUI and/or are currently on DUI probation. Overall, a misdemeanor DUI conviction does not affect one’s ability to own, possess, buy, or control firearms. Therefore, partaking in the act of hunting with a misdemeanor DUI experiences little to no conflicts.
One thing to keep in mind when hunting with a DUI, is the potential violation of any sort of hunting license laws and restriction that can potentially result in a violation of the “obey all law” clause of a DUI probation.
While it does not specifically prevent one with a misdemeanor DUI charge from hunting, if the DMV suspends your driver’s license in the process, it may block you from obtaining firearms in the future. This has the potential to indirectly prove to be a preventative factor in hunting with a DUI. This potential block does not come from the issuing authorities but rather certain state laws. These state laws require a valid I.D to purchase and/or receive firearms.
Felony DUI Offense
A felony DUI charge, on the other hand, is a different situation. If you receive a felony DUI charge, there are specific restrictions in place that will not only prevent one from hunting but also from being in possession of a firearm altogether. With a felony DUI, one will not, legally, have the ability to purchase and/or possess firearms.
So, what is considered a felony DUI? In California, a DUI is elevated to a felony DUI if:
- It is your 4th DUI in a 10-year period
- You cause serious harm/injuries to another
- You obtain another DUI with a previous felony DUI conviction already on your record
- Your DUI resulted in the death of another
Fugitive From Justice
A fugitive from justice is classified as any individual who fails to comply with court terms and/or fails to appear in court. They are also classified as individuals that have warrants issued for their arrest. In the event that one is classified as a fugitive from justice, one will lose their firearm rights. This is the result regardless if the underlying charge is a misdemeanor DUI or not. Under state and federal laws, becoming a fugitive from justice in connection to a case makes one a “prohibited person”. Being classified as a “prohibited person” essentially strips them of their right to possess, purchase, and control a firearm.
If you are receive a misdemeanor DUI, your right to bear arms as well as acquire them, should not be in jeopardy. However, if you have been charged with a felony DUI, you will not be allowed to purchase or possess a firearm. To protect your freedom, future, and your gun rights, contact a California DUI Lawyer’s Association Specialist today. If you find yourself in a situation needing a DUI specialist in the San Diego area, contact Rick Mueller, California DUI Lawyer’s Association Specialist to make sure you are taking the right steps for your specific situation.
Can I Hunt While on DUI Probation?