DUI and probation

[Dave]

so long story short, I made a few really bad decisions and ended up with a DUI. Was just sentenced to a year of probation, which I guess is standard. At the probation office they pulled up my file and saw I had firearms registered under my name. There was a form that was part of the intake process about not being able to possess firearms while on probation. Can anyone provide a little more insight into this? I'm assuming the only thing they track are my regulated firearms, but am I not supposed to possess all forms of firearms?

any thoughts would be appreciated.

-Dave

 

[hvymax]

Arrange for somebody else to take custody of all of your guns before the police do. If they decide to drop by and find them they will be confiscated and you might well face additional charges.

 

[Name Taken]

Is your probation supervised or not?

If it's supervised I'd contact your PO and ask them.

I dont think there are set in stone guidelines and the PO can make/amend certain parts of your probation.

If you are prohibited you are likely prohibited from "firearms" and not just regulated firearms.


On a side not...I'd work on not getting another DUI...I think it's 2 or 3 in 5 years puts you as a hubitual drunk and prevents you from owning firearms.

 

[TyFromMD]

I AM NOT AN ATTORNEY SO DON'T TAKE THIS AS LEGAL ADVICE, but I think "prohibited to possess firearms" means "prohibited to possess firearms." I don't think that means you can't own them. You just can't have them in your possession.

 

[bwags123]

i had the same thing happen to me. i told my po that i was a big time hunter. she thoght it was something that would keep me out of trouble and requested that the judge waive the firearms restriction, because i had never been in trouble before and it was not a violent crime the judge waived it and i could possess firearms. but its up to your po to request to the judge.

 

[HardHatMan]

http://www.yellowcabofbaltimore.com/

(410) 685-1212

ETA: For future reference.

 

[Dave]

Is your probation supervised or not?

If it's supervised I'd contact your PO and ask them.

it's supervised. I don't meet with my PO for another 2 weeks, but I do plan on giving him a call. I just wanted to investigate a little beforehand.

 

[ffemtreed]

it's supervised. I don't meet with my PO for another 2 weeks, but I do plan on giving him a call. I just wanted to investigate a little beforehand.

The best thing you can do right now is get your firearms out of your possession before asking any questions. Take them to a friends house, relative, anywhere but your home.

After they are out of your possession, then start asking questions and trying to get restrictions waived.


Did you have a lawyer for your DUI case? If so you might want to start there.

 

[Dave]

yeah I have a meeting with him this afternoon

 

[Dave]

found an old thread for anyone intersted: http://www.mdshooters.com/showthread.php?t=26080&page=2

 

[CharlieFoxtrot]

Your lawyer should know this and it’s worse than you think. In Maryland its standard condition #4 of supervised probation:

"Get permission from your Supervisor before: changing your home address, changing your job, leaving the State of Maryland, owning, possessing, using or having under your control any dangerous weapon or firearm of any description.”

As you can see it is not just firearms but any dangerous weapon. I’ve seen zealous agents interpret this to mean compound hunting bows and even ornamental swords hanging on walls.
Also the prohibition includes owning them, so technically just getting them out of your possession isn’t enough. There are only two ways out of this and only one is legal. You have to get permission from the “Supervisor” – your agent to keep the weapons. Unfortunately as a matter of policy with the Department of Parole and Probation they never give permission. So what you have to do is petition the court to modify that terms of probation and strike out or modify that specific clause. Usually requires a specific court appearance.

 

[squirrels]

I AM NOT AN ATTORNEY SO DON'T TAKE THIS AS LEGAL ADVICE, but I think "prohibited to possess firearms" means "prohibited to possess firearms." I don't think that means you can't own them. You just can't have them in your possession.

If I recall correctly, the standard probation conditions include, "obtain your supervising agent's permission before possessing, owning, or coming in contact with any firearms or weapons of any kind", or something to that effect.

Whether you'll have a hassle or not really depends on your probation agent. If the PA is educated and understands the situation, they will likely just wave it off. (have heard stories about this) If your PA is ignorant and thinks that "only criminals should have guns", or if he/she believes that he/she may have cause to visit your house to check up on you or if he/she is used to dealing with thugs and hoodlums, they may decide that you have to transfer them away for the duration of your probation.


I will tell you this...they don't sent SWAT or ATF to storm your house looking for firearms, so as long as you satisfy the conditions of your probation (notify your PA of the situation and ask permission), you've done your due diligence. If they don't give you their permission, tell them you understand and will address the issue. Then either transfer 'em to a friend or get your lawyer to write the judge asking for a modification. Just bear in mind that most judges ALSO don't care too much about your gun collection. In their mind, they just GAVE you a break by giving you probation. But it depends on the judge.

DO NOT get into an argument with your probation agent about it. They are likely completely disinterested in your interpretation of the 2nd Amendment. They have one of the most thankless jobs in the world, dealing with some of the most ignorant self-righteous punks in the system. A lot like police, but without the respect that a badge and gun commands. All they want from you is for your visits to go smoothly, to process you as quickly and painlessly as possible. You want to make sure you pay up, cooperate with them, then let them forget you as soon as you walk out the door each time. They will not waste time harassing you about your firearms situation...they have 20 people waiting behind you and just want to stamp your card and get you out of there. Be one of the "good ones".

 

[ToBeFree]

Good Luck

Sorry for your problems.
Hope all goes well for you.
Keep us posted.

 

[Dave]

thanks for all the info. Hopefully I'll have more info w/in a week

 

[steves1911]

2 years ago i made the same dumb mistake. I informed my PO that not only did i own fireams but i was required to carry for my job. He had no problem with it.

 

[BlackBart]

Wow, how lucky I am to think of the 1,000's of times I could have been had years ago. It just isn't worth it, one beer and I'm done. I feel for you man.

 

[wlc]

http://www.yellowcabofbaltimore.com/

(410) 685-1212

ETA: For future reference.

Glad you didn't kill anyone

 

[lx1x]

Glad you didn't kill anyone

this. lesson learned i hope.

 

[MDMOUNTAINEER]

I had a buddy who went through the same thing. I don't know if it's legal, but he rented a storage unit and put his guns (still in the safe) in it until his probation was over. They never went to his house and checked.

 

[njbroug]

so long story short, I made a few really bad decisions and ended up with a DUI. Was just sentenced to a year of probation, which I guess is standard. At the probation office they pulled up my file and saw I had firearms registered under my name. There was a form that was part of the intake process about not being able to possess firearms while on probation. Can anyone provide a little more insight into this? I'm assuming the only thing they track are my regulated firearms, but am I not supposed to possess all forms of firearms?

any thoughts would be appreciated.

-Dave

I had this same situation a while back. This is the advice that I got from my attorney.

On your probation order from the judge, there are boxes the judge checks for the conditions of your probation. The judge can choose all standard conditions, or only assign individual conditions (at the judge's discretion). One of these boxes states that you may not possess firearms. If this box is checked, you may not possess firearms. If its unchecked, you may possess firearms, unless...

the judge checks the box which says "All standard conditions." If this box is checked, you may not possess firearms, as this is one of the standard conditions.

In my case, I was allowed to possess firearms legally during my one year probation because the judge opted to assign individual conditions, and only chose the conditions related to the ignition interlock, alcohol counseling, victim impact panel, and not committing any more major traffic violations. She chose not to assign the condition related to firearms. However, I was on unsupervised probation, and it sounds like you have a probation officer, so your conditions probably differ from mine. Your best bet is to call your attorney and have him review your paperwork, because he'll know exactly which conditions apply in your situation.