I am going CRAZY

[cdcmj]

Hi all,

To keep this short and readable, here goes:

I was convicted of a class I misdemeanor in the state of VA for Generalized Reckless Driving. I am a resident of MD and a full time student currently residing in Pittsburgh, PA. I was assigned 1 year supervised probation for this offense. After alot of paperwork and phone calls, my probation has been transfered to Western PA. I met my P.O for the first time the other day and he had initially advised me that I would be able to keep my LEGAL firearms, because of the nature of my case (it being just a bad driving offense).

To my horrible dismay, he called me yesterday (the day after the first meeting) and has now advised me that there is no leeway as probation is probation and that I will need to get rid of my firearms :banghead: ....In addition, he is giving me no real way to accomplish this. He has said it needs to be done immediatley and that I just "could sign them over to a friend or something." I have told him that I only feel comfortable leaving them with a family member back home in MD. His response, "you dont understand, you cannot possess them while you are on probation, so you cant drive them home (4 hrs by the way)."

The current situation is that I am waiting for him to return my phone call, where I told him that home in MD is my only option.

Anyways, Im not sure what I want out of this post, but all comments and suggestions are welcome. I am trying to see if I can appeal this aspect of my probation or have my lawyer attempt to contact the original prosecuter/judge to ask for some provision. SIGH

Edited for: I also forgot to mention that I advised my P.O that I have two documented break-ins at my apartment in the past 6 months. I am being unethically disarmed in my opinion...

 

[Crosscut]

I'm no lawyer, but my only suggestion would be to get rid of the firearms before you add a firearms charge to your list of crimes. Maybe talk to a local gun shop and have them ship the guns to an FFL in your home area for pick up by a family member. I don't know if there may be laws againts that too? I think the FFL your home state would have to do the NICS dance with whom ever came to pick up the wepons, but at least they would be safe. Just an idea.

 

[hankdatank1362]

You lost your rights to firearms for being on probation for a misdemeanor?

A traffic violation at that?

I got a Careless and Reckless about 6 years ago... 6 points, big fine, but nothing else. Granted, I live in SC and the laws are different.

Still, something doesn't sound right. You're not a violent offender, nor a convicted felon, so I don't see why your rights have been suspended.

Ask your PO if you can still vote in the upcoming election. Felons who have lost their right to own/posess firearms can't vote. If he says you can still vote, something may be wrong.

I'd consult an attorney.

 

[NG VI]

Or just use the coming weekend and cruise on home, you get to visit with your family and you will not need to worry about any probation nonsense. Just drive safe because being pulled over may not be in your best interest.

 

[hanno]

A quick thought - rent a storage unit for the guns and send the key to the trusted relative. Your guns should be safe and you no longer have access to the guns. This should at least work until the trusted relative can come retrieve the guns. I would certainly suggest you run this by your PO.

 

[ingram]

I don't understand how a non violent misdemeanor causes your 2nd to become null.....

Is this something to do with the laws of his specific state?

 

[cdcmj]

Ok, first, I am not worried about getting a firearm charge in the coming days. Not to mention it is not illegal for me to keep my guns, but just against my probation and would cause me much hassle. In addition, my PO seems to be on my side and was the one who initially said " I dont see why not" and " I dont have a problem with you retaining your firearms." So he is not out to get me, but he is now telling me I wont be able to keep them as he had previously thought.

NGVI- I may be going this route, because I refuse to give my firearms to anyone other then family that I trust in MD. I am hoping my PO will come to SOME sense here, and write me a pass (in addition to the one I have for travelling out of the area, sigh) stating that I am transporting the guns in order to comply with the probations office request.

To the other comment, VA is probably one of the worst states for driving offenses (though it doesnt make this right in the smallest sense). I was going 82 mph in a 50, and that warrants a reckless driving charge due to being 20mph over posted speed limit. I got a 400$ fine, 1 year probation, and 6 months of restricted license. I had one previous speeding ticket in MD a few years ago... This is somewhat besides the point as it is said and done. The problem is how extreme the probation has gone, i.e. stripping me of my right to defend myself at a home that has been broken in to by heroin addicts twice now.

To further clarify, about the felony implications and losing rights, my PO documents that I have read state that regardless of the classification of charge, anyone on probation may not possess a firearm during the period of probation ordered by the courts...

Edit: this seems to boil down to a suspension and denial of my RKBA for the period of my probation..

 

[The Lone Haranguer]

You are just on probation for a non-domestic-violence misdemeanor, not in violation of probation, correct? Unless there is some law in your state, IMO the PO is wrong. Ask him to provide a copy of that law, or get a lawyer to help straighten it out. In the meantime, perhaps getting the guns out of your possession temporarily - e.g., leaving them with a trusted friend or relative - might be a good idea.

 

[mbt2001]

Rent a storage facility, get a safe, put them in a safe in a storage facility make sure it is video monitored and don't go back until your probation is up. If they charge you, get a lawyer and argue how responsible it is that you do not just turn over weapons to any Tom Dick or Harry... They were secure and they cannot produce evidence to say you ever went their again...

Call a lawyer... Yeah, call a lawyer and ask him. Maybe he can take them.

Other than that, have someone drive up from MD PDQ and get load them up.

 

[Poper]

Why not transfer your firearms to your lawyer with documentation signed by both of you that they are returned to you upon successful completion of your probation?

Unless, of course, you don't trust your lawyer....

Poper

 

[cdcmj]

For what its worth, this is through the federal court system because I was driving on a parkway covered by the US park Police in VA, outside of DC.

Like I said before, I dont trust anyone, including a storage facility, (which will cost $ i dont have) except for family-of which, I have none in the area.

My current plan of action is to talk to the PO when he gets back to me (hopefully today) and ask about an appeal or a person to have my lawyer contact. The fact that I have police reports for break-ins may come in handy I figure.

Also to clarify, I am not on a violation of probation.
So I am: "just on probation for a non-domestic-violence-or violent misdemeanor" edited: driving offense...:banghead:

 

[Poper]

IMHO:

If you can't trust your own lawyer, you're really screwed.
Good luck.

Poper

 

[Blackfork]

This is what they have planned...

..for all of us.

 

[cdcmj]

Just because he is my lawyer, doesnt make him trustworthy enough to give him my firearms..IMHO

 

[cdcmj]

Blackfork: though I am usually the last to think like 'that,' I find myself converting as the days go by...

 

[kfranz]

Good thing your dad drove down yesterday and picked them up for you, huh.

 

[cdcmj]

im confused..are you going with the judged my 12, carried by 6 idea...trustttt me I have been mulling it over. Especially, because my PO specifically told me that he wont be looking for them if he does a home visit....But honestly, I am a law abiding citizen that has gone through this process feeling nothing like one. I am a firefighter/EMT who is a few months from being a paramedic as well. I dont want to put my career and pashion on the line, so i just sighhhh and hope for now.

 

[bladecp]

Something just sounds fishy about all of this. And, why would firearms ever enter into the equation? How would the LEO even know about them? Did you offer up the info first by inquiring whether or not you could keep your firearms? If so, not a smart move. People have differing opinions and mine is that, in general, the police are not our friends. Heck, they don't even have to protect us anymore according to SCOTUS. Just write up the after action report and/or call the medical facilities/coroner.

If he did ask you about them, I can surely say I'd have given a different answer than you did, but to each his own...

 

[Conqueror]

Have your trusted relative drive to your place to pick them up ASAP. If they're close enough to your heart to give them your guns for a year, they will probably be willing to make the trip. Offer to pay for their gas and food, etc.

 

[bladecp]

+1 Conqueror. Even in my socialist NE state, if you are required to surrender/transfer your arms, you have 24 hrs to do so. Plenty of time to get them to MD from VA. Also, for the OP, check around your local gunshops. I've heard of some in the past that would hold onto personal weapons for a small monthly fee for situations such as this. I know this to be true because when I was in the Navy, I had a shipmate do the same exact thing when he went on a 6 month deployment and had no friends/family in the area to look after them and he didn't want to leave them in his apartment. I knew another guy that was going through a divorce and got a restraining order popped on him. Did the same thing and had the gunstore hold them for him until everything was final. I think it only cost around $5-10 a month which, at $60-120 for your year long probation would most likely be less than the gas/food/etc money you'd spend on that 8hr round trip. Both guys I knew didn't have any problems getting them back and they were in the same condition as when dropped off. They both got detailed receipts as well so it's not like the gunstore could ever deny receiving them or sell them off. Check around.

 

[Hook686]

It seems to me that you have the option of jail time, or dumping your firearms quickly. Bummer ... a real bummer for sure.

 

[cdcmj]

I was sent a list of rules that stated this whole issue with regard to firearms. I had my meeting and brought up my issues with it. I chose to go this route because I know I have one home visit on my plate, and decided not to drag out my probation and/or further punishment. Which would have happened when he see's my pistol on my desk and the shottie mounted in the doorless closet.

I have almost came to the point of excepting this unlawful order from the probation office, but i still refuse to be forced in to giving them up to someone I dont see fit. I already have 'permission' to travel home to MD for the weekend after this. I plan on bringing them then, but want a note from the PO sanctioning this, which I feel is the LEAST they could do.

Im sorry but I am getting more and more angry about this situation as we talk about it, and not because of you all, but due to the rediculousness of the situation. What is accomplished by this crap? They are most likely going to allow me, IE TRUST ME, to take my LEGAL firearms back to MD, all for the purpose of making sure I dont possess them in the first place....such redundant and frivolous bs..sorry fuming over :banghead:

 

[bladecp]

So, again, how did firearms ever enter into this situation? Who brought them up first? If it was the po po, why would they even know you own guns? Jes sayin'...

 

[cdcmj]

I brought it up....to avoid issues down the road, ie a home visit.

 

[bladecp]

Ah, I figured you did it to yourself. Bad move that can't be taken back. Besides, a home visitation isn't like a warrant search of your house is it? I think I'd just put them up and call it good. Heck, put them in your car and cover them up since a home visitation (I'm assuming they're scheduled in advance) isn't an invitation to search your vehicle. But, your cat's already out of the bag. If they never asked about them or said you couldn't be in possession of them, then what would you have to be afraid of? You wouldn't be doing anything wrong. NEVER volunteer ANY information you don't have to.

Another thing I don't understand and it may be because of where you live... Never been on probation myself, but why the home visitations at all? Everything I've seen regarding probation entails the offender reporting to the probation officer and not the other way around. Seems like they'd rather inconvenience the offender than make the probation officer go to their home. Not as safe for the PO, either. Still sounds fishy why you'd need home visitation for a TRAFFIC violation.