Storing firearms and probation

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tRidiot

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TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS

C. It shall be unlawful for any person supervised by the Department of Corrections or any division thereof to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the supervised person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status.

This is an unsupervised probation.

I don't know. Not a lawyer.

Dave

Still probation, still prohibited, IMO. I sure wouldn't risk it.

Sucka gonna hafta find another place to live, I ain't gettin' rid of all my guns.
 

batchman

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We had a police officer that had a girlfriend how was a felon and he had to leave his gun in the safe every night at work? I would be very careful and get the advise of a lawyer so your not a felon also in a couple months!
 

BadgeBunny

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I think the only issue is going to be for the person on probation, I don't see how they could take away someone's rights because they live with a felon or someone on probation.

You wanna live with a felon?? This is the price you pay.

You have two courses of action here:

1. Call Doug Friesen. Ask him for a consultation. Then report back to us what he says.

2. Let your felon buddy move in. Wait until "The Man" finds out there are guns, "stored" or not, in the residence. Then report back to us how that goes for both your buddy and you. Oh ... wait ... no computer access in county? Hmmmm ...

Dude, don't be stupid. This is not the time to be indignant about your "rights" being "infringed upon". Get some straight answers from a licensed attorney and then make an informed decision.

Good luck.
 

SMS

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Most people on "unsupervised" supervision are not under DOC's umbrella...if they are under any umbrella it is the District Attorney. If they stay clean for 6 months everything goes away. If they don't stay clean, it's the D.A. who brings the heat.

I would read the "rules and conditions" delivered by the judge at the time of sentencing...the D.A., the sentenced individual, and the individual's attorney will all have signed the document and the probationer will have been provided a copy.

If the rules and conditions do not spell out firearm's restrictions and you are still concerned about 21-1283, then ask the D.A.'s office, since he/she is the one who will decide if a violation occured and/or decide to take action should you or the probationer have contact with the law during the probation period.

Like BB said, if you choose to allow a felon/probationer in your home it is entirely your choice, as long as you are aware of the consequences.
 

808racer

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I think the only issue is going to be for the person on probation, I don't see how they could take away someone's rights because they live with a felon or someone on probation.

If you live with a felon, yes - you give up your rights. It's the law. You might not agree with it, but it is what it is. I'd play it safe if I were you. Best of luck!
 

Republicanhack

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I assure you that there is nothing going to happen to anyone but the person on probation. Show me a statute that says ANYTHING regarding ANYONE other than the person on probation or who is a felon. I'm not concerned with the ramifications on the gun owner, this is about the person who is on probation. I am putting in a call to the attorney that handled the original case, the person was told that they could petition for restoration of gun rights while still on probation as long as there was no other transgressions. This is a deferred scentence and as soon as probation is over they get full rights restored, the person didn't lose voting rights and has been issued a passport. Nobody is beig indignant about rights, I have dealt with this before and the most that would happen would be a probation violation unless the gun owner was knowingly allowing access to or supplying weapons to the person on probation. I was actually looking for real information and not half cocked opinion, opinion means nothing to me.
 

TerryMiller

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Read my lips:

GET - A - LAWYER.

Ignore any advice given on a forum unless you KNOW that the person giving it is an attorney. I knew a man who was on a deferred sentence for a felony arrest and trial. Had he not kept his nose clean, he would have been a felon.

When he wanted to go deer hunting, he had to first get permission from a judge and I don't know what he had to do about actually hunting. He may have had some restrictions on that as well.

 

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