Can the ATF confiscate your weapons for a misdemeanor?

[Frog48]

Are you sure it's not a stipulation of his probation that he not possess a weapon? I have never seen a probation order that didn't say that.

In Texas, misdemeanor plea agreements and/or sentence judgements specifically state:

"Federal Gun Control Act and State Law Regarding Possessing Firearms:

A person placed on misdemeanor community supervision is not affected and may continue to legally possess a firearm.

Exceptions: Persons placed on regular community supervision for a domestic violence offense may not possess a firearm until a pardon is received for the crime, the conviction has been expunged or set aside, or the person has had their civil rights restored and is not otherwise prohibited from possessing a firearm or ammunition."

 

[cassandrasdaddy]

if

the original charges were felonies and were reduced the reduction may not have made it into the system. and some of the paperwork can be very inaccurate. i ran a check on my record and found many entries that were not accurate.it showed a case going to the grand jury that i got pbj for

 

[silverbird]

Why is the ATF doing the confiscation here? Shouldn't it be the local police?

They didn't do the actual confiscation...they supposedly asked the probation officer to collect the handgun.

 

[Frog48]

I still think something sounds fishy. Any firearm confiscation would have been handled immediately upon conviction, per the judgement order, by the county sheriff's office.

 

[gunsmith]

I got probation for speeding/recless driving in FL

and was told I couldn't posses any weapons for the duration of my probation.
they didn't ask if I had any though.

 

[mp510]

It could be that your the terms of your friends probation prohibit him from bearing arms, or that there is a state/county/local statute that disallows him from posessing a firearm.