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?

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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 10 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. 


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