Can I Hunt While on DUI Probation?
Of the states with the most registered hunters, Oregon is ranked #22, with over 34 million acres of public land accessible for hunting. And, as we approach hunting season for a lot of big game, if you are currently on probation, or expect to be sentenced to probation for a DUI conviction, you might be curious how this may affect your ability to hunt, if at all.
Misdemeanor DUI Offense
Oregon statute provides general terms of probation for the court to impose. One of the conditions is very clear that the probationer shall not possess weapons or firearms. However, the court can choose to delete any specific probation condition at the time of sentencing. So, before you appear in front of the judge, be sure to ask your attorney to request that the court allow you to possess a firearm for hunting purposes while you are on probation. If you have already been convicted of DUI, talk to your attorney about options for amending the terms of your probation.
One thing to keep in mind when hunting with a DUI, is the potential violation of any sort of hunting license laws and restrictions that can potentially result in a violation of the “obey all law” clause of DUI probation.
Felony DUI Offense
A felony DUI conviction, on the other hand, is a different situation. Oregon law prohibits the possession of a firearm by a person convicted of a felony offense. This means that the court cannot amend the terms of your probation to allow you to possess a firearm for hunting, like it can for a misdemeanor offense. Additionally, if you have been convicted of a felony and are found to own, possess, or have any firearm in your custody, you will be charged with a new, separate offense of felon in possession of a firearm.
It’s important to remember that the penalties for violating state gun laws and violating the terms of your probation are high and should be taken seriously. If you have questions about your options, talk to your attorney about whether a petition to restore your firearm rights is appropriate for your situation.