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After my LTC class this weekend, I was contacted by one of my students to ask about multiple DUIs.
Approximately 30 years ago, he had three of them - no problems since then. He believes the final one, since it was a 'third strike' was listed as a felony.

Any guidance I can give him on how to proceed? I welcome input from any of y'all legal experts or long-time instructors.

Vol Texan wrote: Wed Aug 05, 2020 1:48 pm After my LTC class this weekend, I was contacted by one of my students to ask about multiple DUIs.
Approximately 30 years ago, he had three of them - no problems since then. He believes the final one, since it was a 'third strike' was listed as a felony.

Any guidance I can give him on how to proceed? I welcome input from any of y'all legal experts or long-time instructors.

Is he able to purchase a firearm with a NICS check? If the third one was a felony, unless he was given deferred adjudication or got it expunged, he is prohibited federally from possessing a firearm, much less getting a LTC. Also, on the NICS check, even if he passed one, if he really has a felony record, then he's committing another one by buying a gun.I would recommend he contact the court in which he was convicted of the last DUI to find out the level of the offense.

If the felony charge was more then 7 years ago, doesn’t that wash? Or is it a lifetime ordeal?

I know...I’ve added no value to the question

parabelum wrote: Wed Aug 05, 2020 2:45 pm If the felony charge was more then 7 years ago, doesn’t that wash? Or is it a lifetime ordeal?

I know...I’ve added no value to the question

Federally a felony conviction is a lifetime bar to possession of firearms...unless it is pardoned, expunged, or otherwise set aside.

He told me that he DID pass a background check within the last month or so.

If he’s buying firearms and “thinks” he had a felony I’d suggest he find out for sure before he buys any more.

Form 4473, Q21c

Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?