Storing firearms and probation

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ratski

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I'm just guessing here, but what about safes?

If you are the only one with the combination, there is no way for a felon to access them. Isn't that an acceptable way to store and secure?

If not, I'd think that every time felons walk into a certain bank where firearms are stored, they'd be in violation.

Not only is this a matter for lawyers (not armchair ones either), but it certainly is a case for getting their opinion in writing!!!

Dave
 

Mitch H.

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There is some really bad info being spread here. First, a deferred sentence is NOT a conviction, felony or otherwise. It is merely a delayment (deferral) of the final disposition of the case. The terms and the actions of the individual will typically dictate the final disposition of the case by the judge. The terms of the deferred sentence will dictate whether or not they can be in possession of a firearm.

I am not an attorney. However, I did stay at a Doubletree Inn the last two nights which is owned by Hilton. :) I also have a little personal experience with this type of matter.
 

Republicanhack

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There is some really bad info being spread here. First, a deferred sentence is NOT a conviction, felony or otherwise. It is merely a delayment (deferral) of the final disposition of the case. The terms and the actions of the individual will typically dictate the final disposition of the case by the judge. The terms of the deferred sentence will dictate whether or not they can be in possession of a firearm.

I am not an attorney. However, I did stay at a Doubletree Inn the last two nights which is owned by Hilton. :) I also have a little personal experience with this type of matter.

Your exactly right, this person is not a convicted felon so everyone who is addressing the issue like they are one are off base. I don't know about the use of a safe for storage but I would think that if the person didn't have access to the safe they wouldn't have access to the guns. I am looking further into this issue and will report back on what I find out.
 

TerryMiller

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Your exactly right, this person is not a convicted felon so everyone who is addressing the issue like they are one are off base. I don't know about the use of a safe for storage but I would think that if the person didn't have access to the safe they wouldn't have access to the guns. I am looking further into this issue and will report back on what I find out.

This is the reason I posted the comment about the individual I knew that had a deferred sentence on a felony crime. Because he had to get the judge's permission to go hunting, it seemed obvious to me that his probationary rules allowed him to do that. Otherwise, the judge could have accelerated his deferred sentence to a conviction because he had a "firearm in his possession," even if it was only for the hunt.

That is why I said to get a lawyer. They would likely know to check the probationary conditions to see what was allowed.
 

criticalbass

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RH, your posts seem to show a lot of emotional affect. I don't pretend to have any useful information on your uncomfortable situation. I will say it speaks well for you that you would subject yourself to all the hassles that go with taking in someone who has pled guilty to a felony (I think that's the only way to get a deferred sentence--judge doesn't accept the plea, just allots some time and other conditions that have to be met so the record is expunged.)

But, unless you find this sort of internet jousting entertaining, and some do, you are wasting a lot of time and energy that would better be spent in working on the problem. As a French model, I assure you that nothing that isn't true can be posted on the internet. . . In case you don't get this, here's the link:

http://www.youtube.com/watch?v=v_CgPsGY5Mw

I am troubled by your assessment of a genuine threat to your home and its occupants. There were some kidding references to alternate means of self defense, but there are some real ones out there. I'm not an expert here, but if I were you, I would become one.

I wish you and your associate the best of luck.
 

SMS

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The terms of the deferred sentence will dictate whether or not they can be in possession of a firearm.

Yeah, someone suggested reading those "rules and conditions" back on page one. ;-)

Have you seen those yet RH?

The rules on "possession" are highly subjective. Do some reading on the concept of "Constructive Possession" it will yield a bunch of opinions in either direction. One lawyer can say having firearms in in a safe precludes constructive possession, but another could say that you can't prove that the probationer doesn't know the combination.

The only thing that matters is the opinion of this person's D.A. Wouldn't hurt to have them ask that direct question to the D.A. if possible....and get it in writing.
 

0311

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A good, decent bunch of people @ OSA. I see you trying to help this man, who responds in surprising manner, and it gives me renewed confidence in the basic good of human nature. Sometimes, one can forget how decent people can really be, and yall have reminded me there are such good people out there. This thread shows that.
 

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