utbagpiper
Banned
Long story short; DUI in Oregon in 2005 and the judge was a hard ass and put me on probation for 60 months. Believe me when I say I learned my lesson. I just have to wait 5 years before I can apply for a permit.
Respectfully, I think 5 years probation is not really very hard for DUI. More than typical for a first offense. But way less than I think we ought to be imposing, especially if anyone was injured. But that is neither here nor there. The law is what it is. And if you have really learned your lesson, then it is a lesson well learned for yourself, those who love you, and everyone with whom you share the road.
That all said, let me just encourage you to play forward in your mind how you think any interaction with a peace officer or heaven forbid, prosecutor or judge, is going to play out for you. Yes, you can legally carry a gun in many circumstances without having a permit to carry so long as you are not a prohibited person. And so far as I know, a misdemeanor DUI does not make you a prohibited person. But it does make you suspect in many people's eyes, especially so long as you are on probation for the offense. This may not be right, or fair, but it is the way it is.
While real problems with LEOs over simple possession are rare, peruse the forum a bit and see how unpleasant it can be on those rare occasions when it does happen. And that is for those with squeaky clean records. Imagine what happens if you actually have to use your gun and there is even the slightest question as to whether that use was justified?
I'm not attempting to dissuade you from exercising your legal rights. I am suggesting that, right or wrong, YOU carry an extra burden over and above what most do, when you choose to carry a gun.
I offer the following suggestions after you play forward in your mind how a cop, prosecutor, or judge, is going to treat you:
1-Get a digital voice recorder and some good rechargeable batteries. Do not carry your gun without the voice recorder on your person and turned on. You won't have time to turn it on if you need to use the gun. Being on probation for DUI your word will be suspect. Have a witness that can't be refuted. Recharge a set of batteries each evening at home while the charged set is in the recorder.
2-Never carry without a cell phone. Should you even have a slight argument with someone while you are (of necessity, open) carrying, be sure to call the police first. Victims call the police. Criminals do not. Be sure you are the victim, not the criminal.
3-Be sure you know Utah and federal gun law inside and out for carrying without a permit. This includes knowing where GFSZs are and avoiding them when afoot. You will get a lot less slack for technical violations than anyone else.
4-Get to know a good lawyer, versed in Utah and federal gun and self-defense laws. Carry his card with your cell phone. Be prepared to pay him for his legal advice.
5-Avoid arguing with cops, even if you are right. Leave that to others, or save it for when you do not carry the burden of being on probation. Learn how to say, "I don't think you are correct, but I don't want any hassles so I do as you request and [leave my gun in the car | leave the area | drop the magazine | etc]".
6-Use an extra measure of care to be sure you are never possibly perceived by any witness (including the ones you don't know are there) as the aggressor. Be courteous in your driving. Be quick to apologize. Be meek in tone and demeanor. Should you ever feel compelled to use your gun in self-defense, if at all possible, give very loud, very clear warning: "BACK OFF!! I SAID NO!! DROP YOUR WEAPON!!"
I do wish you all the best and hope that my suggestions here are received in the spirit of hoping you avoid any and all problems that can be avoided.
Charles