Why can’t she possess a firearm ?

[amboy49]

A few months ago the president of the Zionsville town council was arrested in the middle of the afternoon while driving to her home and was charged with : operating a motor vehicle while intoxicated endangering a person, operating a vehicle with an alcohol concentration of .15 or more ( her BAC was .221), operating a vehicle while intoxicated, and public intoxication. She resigned as president shortly after her arrest but still remains on the town council.

She just pleaded guilty to the first charge alone in a plea agreement and the other charges were dropped. A special prosecutor had been appointed because both the drunk driver and her husband, who is an attorney, knew the Boone County prosecutor so he recused himself. Th Boone County Superior judge sentenced her to 365 days in jail with all but 4 days suspended. Her license is suspended for 210 days but she can drive to and from work, travel to counseling, and to parenting exchanges.

Now comes the question from the thread title. According to the newspaper article one of the terms of her probation is that she is required to “refrain from possessing a firearm.” Attorneys and/or law enforcement - why would she be prevented from possessing a firearm under the terms of her probation ? The article made no mention of any mental disorders and her conviction was for a misdemeanor. No mention was made of any prior arrests/convictions for any crimes.

Additionally, she agreed to waive her 4th Amendment rights. As I know less than nothing about common probation terms, this also surprised me.

 

[Fargo]

Both are standard terms of probation out of most courts in Indiana. The 4th Am.waiver has some limitations in the caselaw last I looked. The no weapons is generally for the benefit of probation officers who have to do home visits etc.

Judges can alter the standard terms of probation as probation is an arm of the court. I have seen the no weapons one modified or waived before.

 

[Cameramonkey]

EDIT: Disregard. Just noticed we are talking probation not post-sentencing.

 

[awames76]

While on proration u can not have guns. They have to be removed, give to family or friends. If not prohibited she can have them returned after probation.

 

[Vigilant]

While on proration u can not have guns. They have to be removed, give to family or friends. If not prohibited she can have them returned after probation.

Not always, refer to the LAWYER that posted above. It’s “usually” a term of probation/parole but is not absolute!

 

[possum_128]

The part where the judge sentenced her to 365 days in jail with all but 4 days suspended is the killer. Anyone charged with a crime and could have been sentenced to over a year in jail even if the judge suspended the sentence is what bars her from owning a firearm. It does not have to be a felony for this to happen, it spells this out on the 4473.

 

[Vigilant]

The part where the judge sentenced her to 365 days in jail with all but 4 days suspended is the killer. Anyone charged with a crime and could have been sentenced to over a year in jail even if the judge suspended the sentence is what bars her from owning a firearm. It does not have to be a felony for this to happen, it spells this out on the 4473.

Indiana doesn’t have those kinds of sentences. The MAX for a misdemeanor is 1 year. Some states a misdemeanor can have more than a year of jail time.