If I’m on misdemeanor probation, do I have to remove all of my family’s firearms from my home even if there in a safe?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m on misdemeanor probation, do I have to remove all of my family’s firearms from my home even if there in a safe?
My paperwork states I can’t own or possess guns while on probation. But my 80 year-old PO says I can’t even have any guns in my house. This doesn’t sound right; it’s not a felony or a violent crime.
Asked on December 2, 2010 under Criminal Law, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Listen, if you think that your PO (whom I doubt is really 80) I would speak with his supervisor and ask him or her their opinion on the matter. But if your paperwork states "own or possess: I think that it may in fact include being in a house that has firearms. "Possess" has a very broad meaning. You can not even touch or pick up a fire arm in New York under the statute. And regardless of why they wrote it that way in your case as it is only a misdemeanor, they still wrote it that way and you are stuck with it. Maybe you should speak with your attorney on the issue. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.