A member of my household was recently placed on probabation for a non-violent offense. Regardless, the terms of probation prohibit her from having any firearms. All of the firearms in the house are owned be me and locked in a safe that only I know the combination to. We are going to ask for written permission from her PO for my firearms, but in the meantime has anyone been through this and know if my situation passes muster? I don't want her to get in trouble but I also don't see how my second amendment rights can be violated. Thanks in advance.
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Household member on probation
- Thread starter jcreviston
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- home defense probation
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rimfire_crazed
Master
Yup. Sorry. GTFO.
Compuvette
Marksman
I've also wondered about a situation like this.
- Jan 12, 2012
- 27,286
- 113
Aren't we being a little harsh? I would at least want good information before advising anyone to kick someone to the curb. I would want at least these questions answered before I would encourage that path:
1. Did the person actually do it? Being guilty is not necessarily a requirement for being found guilty.
2. Was 'it' a deliberate act or being at the wrong place at the wrong time?
3. Was it something that the person willfully engaged in an unlawful act or got rolled up for something they hadn't thought to be illegal? Remember, if no single professional lawyer is competent to understand the entire body of law, how can you expect, say, your teenage daughter to keep it straight?
4. Was it a stupid attack confined to the moment or a part of a larger pattern of problems?
1. Did the person actually do it? Being guilty is not necessarily a requirement for being found guilty.
2. Was 'it' a deliberate act or being at the wrong place at the wrong time?
3. Was it something that the person willfully engaged in an unlawful act or got rolled up for something they hadn't thought to be illegal? Remember, if no single professional lawyer is competent to understand the entire body of law, how can you expect, say, your teenage daughter to keep it straight?
4. Was it a stupid attack confined to the moment or a part of a larger pattern of problems?
She was in the wrong place at the wrong time, the first time she's EVER been in trouble. Believe me, I'd be the first to send her packing if it were othewise. For those of you quick to judge remember that you can get put on probation for littering as well as more serious crimes.
Well here is something for you. Rent out a room to her be specific. Put it in a contract. Then the police / probation officers have no business searching anywhere else but her room and maybe common areas. So that would essentually seperate your gun room from hers.
Depending on the county they wont be searching your home. And considering it was a non violent or drug related crime why would they search your home.
I once upon a time caught a bs dui charge. 08 on the nose. Now my crime was really going 3 over the speed limit. I didnt hurt anyone, wasnt swerving etc. I just happened to be right at the limit. Who knew i didnt feel any different no buzz nothing.
Anyway I owned guns. I even had access to them while on probation. I wasnt a felon, i had not committed any serious violent or drug crime. Nothing.. was it against the rules sure. Was i still pa permit holder.. yup.. the police dont know your on probation, during a traffic stop. Or if you were to be stopped open carring what have you. Show them your permit and send them on their merry way.
Now, the real reason for this isnt to punish you its to keep you from wacking yourself and more importantly keep the po safe when they enter your home.
Besides if no one answers the door.. how is a po going to get access to your home.. the po can not just bust down the door... everyone may be at work or a church function. Or visiting grandmas house across town.
You sir worry too much.. bringing it up may only open a can of worms you do not want such as more of a reason to search your house.. keep them locked up in your room gun roo
What ever.. who cares.. they would need a warrent to open it up anyway.. unless it is her house amd not yours.. then make a rent contract the other way..
Depending on the county they wont be searching your home. And considering it was a non violent or drug related crime why would they search your home.
I once upon a time caught a bs dui charge. 08 on the nose. Now my crime was really going 3 over the speed limit. I didnt hurt anyone, wasnt swerving etc. I just happened to be right at the limit. Who knew i didnt feel any different no buzz nothing.
Anyway I owned guns. I even had access to them while on probation. I wasnt a felon, i had not committed any serious violent or drug crime. Nothing.. was it against the rules sure. Was i still pa permit holder.. yup.. the police dont know your on probation, during a traffic stop. Or if you were to be stopped open carring what have you. Show them your permit and send them on their merry way.
Now, the real reason for this isnt to punish you its to keep you from wacking yourself and more importantly keep the po safe when they enter your home.
Besides if no one answers the door.. how is a po going to get access to your home.. the po can not just bust down the door... everyone may be at work or a church function. Or visiting grandmas house across town.
You sir worry too much.. bringing it up may only open a can of worms you do not want such as more of a reason to search your house.. keep them locked up in your room gun roo
What ever.. who cares.. they would need a warrent to open it up anyway.. unless it is her house amd not yours.. then make a rent contract the other way..
CathyInBlue
Grandmaster
I would think it would largely be a function of the terms of the person's probation. Does it merely prohibit THEM from owning, using, touching, or rubbing up and down on a firearm? No problem. They don't have access to your guns. Does their probation prohibit them from even cohabitating with firearms? In that case, the question would be which goes? Your guns or them? But regardless, there would be no adverse consequences for you, the homeowner.
The risk would merely be that a judge, upon learning that the parolee was living in a house with firearms in it, he could just yank the parole and send the parolee back to jail. He couldn't order the confiscation of your firearms.
The risk would merely be that a judge, upon learning that the parolee was living in a house with firearms in it, he could just yank the parole and send the parolee back to jail. He couldn't order the confiscation of your firearms.
If yoiu read Can a felon live in a home with a gun if it belongs to someone else? ? 29 Legal Answers as of May 23, 2011 - LawQA.com you'll see that even attorneys disagree on this issue although the majority of them do state that if the firearms are locked up you should be good to go (in their particular state, that is.)
Sorry, that's like saying she was standing out under a tree during a thunderstorm. She wasn't doing anything wrong, but got struck by lightning and it wasn't her fault. Bull!!
- Jan 12, 2012
- 27,286
- 113
Believe that until it strikes close to home.
So if your wife or child were to get in trouble you would just kick them out of the house?
sloughfoot
Grandmaster
You will not get in a bind for having firearms in your home. She will. It is a violation of the terms of her probation if she lives there with you. If the terms of her probation are not clear to you, sit down with an attorney to have the terms explained to you. She has a written copy of her terms of Probation that you can ask to read.
So if she is that important to you, you must make an adjustment for the length of her probation.
She was convicted of a crime and placed on probation instead of being sent to prison. That is the reality. She is a convicted criminal and there is no way to minimize that.
So if she is that important to you, you must make an adjustment for the length of her probation.
She was convicted of a crime and placed on probation instead of being sent to prison. That is the reality. She is a convicted criminal and there is no way to minimize that.
Bunnykid68
Grandmaster
Check with an attorney. I cannot see how it would be a problem if she lives in YOUR home as long as she does not have ready access to it. Even a felon can be in a house with firearms.
Unless everyone here wants to tell me that a felon or a young girl on probation would be in violation simply be stepping foot into my home.
I am done guessing does anyone know what the LAW and/or COURTS say?
Unless everyone here wants to tell me that a felon or a young girl on probation would be in violation simply be stepping foot into my home.
I am done guessing does anyone know what the LAW and/or COURTS say?
sloughfoot
Grandmaster
Individuals on Probation are given a written "Terms of Probation" form. It details the answers to the OP's question.
It is not the same for all Probationers. My daughter, as part of her job, creates the terms based on the Judge's order.
There is no ONE answer for all convicted criminals who are placed on probation.
It would be great if the OP was willing to post her terms of probation for your perusal.......
Bunnykid68
Grandmaster
I do not need to see them, but he most assuredly needs to read them and consult an attorney if he is confused
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