No guns in house for probation/DUI

Status
Not open for further replies.

Ctone03

Member
Joined
Aug 2, 2006
Messages
61
Location
VA
I need some help. A friend of mine (no, really) was convicted of DUI in Virginia and is now on federal probation. I'm not sure why, but part of the probation is home visits by a PO who has personaly told said friend that he cannot have guns in his house, but that he can retain his permit to carry. His probation officer told him that he has discretion, and that quote "firearm ownership is a privilege and not a right." I'm not kidding.

I told him to call his lawyer as this sounds fishy. I don't see why he is on probation for a DUI in the first place, much less home visits. It doesn't sound right to me.

Friend does not want to make PO mad, but I call foul.

What say you lawyer types?
 
not only probation but Federal probation. since when was drinking and driving a federal crime?
 
Not a lawyer, but most probation orders I've seen stipulate no firearms for the duration of the time on probation even for misdemeanor offenses. Most of them also forbid consumption of alcohol.

DUI would be a federal crime if it occurred on federal property.

Jeff
 
Sorry to say, I've been there and done that. As it was explained to me, PROBATION is the privilege. If your pal wants to forgo that privilege, he can serve his time in the can. Or else, he can take his limited privilege as offered.
It's his choice.
 
Some Virgina roads are under NPS jurisdiction such as Blue Ridge Parkway (as mentioned in a thread here) and others nearer to DC.
 
Probation is offered in lieu of serving time in jail. It is up to the person being sentenced to decide if he wants to accept probation.

As I recall my time as bailiff in municipal court, the judge asked the person being sentenced, "Do you agree to and accept the terms of probation?" That was the magic time for the person receiving sentence to refuse probation or object to a term or condition.

I suppose a person could object to a term or condition of probation as being excessive or unreasonable and get it removed.

Pilgrim
 
i am said friend and it was for a dui in a federal park. i was not found guilty of any felonies or domestic violence. this probation thing seems kind of hairy to me.
 
Not too good. So my question does the probation officer know you own firearms.. If not i would put them in storage. You may have to give them to a family member for a while. i believe you have to do transfer paperwork if its brother sister. but not if its a parent. im sure others will correct me.
 
mt240sx,

Look at the actual court order placing you on probation. You will most likely find all kinds of things that you agreed not to do while on probation. Was a police officer here in Illinois for 22 years and they have a boiler plate form they use here.

I'm not as familiar with the federal system as I am with the state system here, but probation just means you agree to follow the rules the court gave you in how you conduct your life for the time you are on probation. I've seen probation orders that had a curfew attached to them. Most likely at some point in the processing you had the terms of your probation read to you and I wouldn't be surprised if somewhere there is a piece of paper where you initialed next to every condition of your probation that you read and understood it.

Get caught in violation of one of the terms of your probation and they will most likely file a petition to revoke it. Then you are back in court and maybe in jail for the time you got probation in lieu of serving.

Get the paperwork out and find out if not possessing firearms is a condition of your probation. If it's in the order placing you on probation, then you're probably going to have to live with it. If it's not, get your attorney to take it up with the court.

Jeff
 
the condition that i initialed said that i would not unlawfully possess a firearm or illegal drugs. i am not unlawfully possessing a firearm. all of the guns that i own are legal and i have a ccw permit. my probation officer started to jumble when i said this and he said well " i cannot do a home visit if you have a weapon in the house, because we do not carry in the eastern district of virginia"
 
I think if it was me I'd have my attorney take that up with the probation dept. But be warned they may just have the court amend the order so that you can't possess a firearm at all while on probation.

Jeff
 
Either talk to an attorney or remove the firearms.

Would be stupid to have your probation kicked and end up in jail because of advice from internet forum. In VA since there is no registration of firearms you could simply store them at another residence (trusted family member). No need to do a transfer. They are still your guns just stored @ another location to comply w/ probation.
 
i am said friend and it was for a dui in a federal park. i was not found guilty of any felonies or domestic violence.
Was there an accident/collision? Any property damage? Any other charges in this incident?

Is this your first DUI?
 
all of the guns that i own are legal and i have a ccw permit.thats funny are you sure?anyhow,whats next speeding tickets:(
 
i cannot do a home visit if you have a weapon in the house,

Does that mean you can't have a knife, ball bat, hammer, screwdriver, or anything like that in the house?

Sorry about the unreasonable restriction on your firearms. I can't see what having a legal firearm in your house has to do with a DUI, but sometimes the law just sucks. As others have said, check with an attorney.
 
anyway i did learn from this $53,000 later. also i have a wife, 1 kid, and 1 on the way. i will tell you this it will not happen again, i worry every day when my wife leaves for work, what if there is some other guy who is drunk driving and hits her and kills her and my 2 kids. just looking for some advice and possibly some personal experiences.
 
53 Big for a DUI??? OUCH!

Part of the misdemeanor conviction is that you pretend the part of "convicted felon" during your time of pennance. No _possession_, no alcohol, PO runs your life, etc. Once it's over then you're golden.

Simply have the firearms stored offsite for the duration of your DUI, follow the rules of your PO to the letter and then some. Once the guy realizes you're not the usual dirtbag he's grown used to dealing with you might catch a break.
 
I have a buddy who used to drink like a fish (he's been sober for 21 years) and he says:

"I knew enough not to drink and drive. Except when I was drunk."


anyway i did learn from this $53,000 later.

53 grand! :eek: What did you hit?



i worry every day when my wife leaves for work, what if there is some other guy who is drunk driving and hits her and kills her and my 2 kids.
This is an interesting concern. I reckon it shows (new) awareness of the problem. That's good. Better late than never.
 
I'm betting the $53K is with lawyer fees. Still, he must have got himself a pretty good lawyer (or this thing took forever to resolve). Or, maybe a civil suit? Ah, I've got it, maybe he totaled the car and is including that in the figure (it is part of the real cost of this for him). Actually, the car would be indirect, the insurance company would pick it up minus his deductible (though his rates would go sky high, so that might be in his figure). At any rate, that certainly is a substantial cost which should give a good wake up call.

Part of the misdemeanor conviction is that you pretend the part of "convicted felon" during your time of pennance. No _possession_, no alcohol, PO runs your life, etc. Once it's over then you're golden.

Simply have the firearms stored offsite for the duration of your DUI, follow the rules of your PO to the letter and then some. Once the guy realizes you're not the usual dirtbag he's grown used to dealing with you might catch a break.

Good point. Right now you are new to the guy. He is used to dealing with rather low characters. Give him a little time to understand you are a decent guy who made a mistake. Until then, be especially sure to follow the rules to the letter.
 
Last edited by a moderator:
I'm not condoning DWI, but to play Devil's Advocate for a moment:

Those of you who advocate harsher sentences for DWI because you happen to know someone injured or killed by drunk drivers are not much different than the Brady folks who advocate stricter gun control because they happen to know someone injured or killed by gunfire.

Same flawed logic, because objectivity is skewed when you're personally affected. When you have "a dog in the fight", you can never be unbiased.

Just something to think about.
 
I don't know anyone injured or killed by drunks, I'm just sick of seeing the same ones arrested over and over and just getting slapped on the wrist
 
Status
Not open for further replies.
Back
Top