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  #11 (permalink)  
Old April 18th, 2008, 06:23 AM
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Default Re: Question about gun laws and probation.

When you received your probation, you should have received documentation showing your terms of probation. That paper should tell you if you are prohibited or not.

Also, if the offense was graded a 1st degree misdemeanor or higher, you would be prohibited for life, even if you complete your probation.

ARD would be a different scenario altogether.
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  #12 (permalink)  
Old April 19th, 2008, 12:56 AM
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Default Re: Question about gun laws and probation.

Definitely nowhere near 1st degree.

And the probation is through the ARD program.
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  #13 (permalink)  
Old April 19th, 2008, 09:11 AM
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Default Re: Question about gun laws and probation.

Probation and ARD are two entirely different programs.

If you are placed on probation, that indicates that there was a finding of guilt.

In ARD, there is no finding of guilt. If you successfully complete your ARD program, the charges against you are "nolle prossed".

In both situations, you may be prohibited from possessing/purchasing firearms until you complete your term of probation or ARD.
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Old April 19th, 2008, 11:06 PM
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Default Re: Question about gun laws and probation.

Well they called it probation so thats what I called it. But it is ARD.
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Old April 6th, 2012, 02:04 AM
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Default Re: Question about gun laws and probation.

I have a question. What if Im living with somebody on probation? I've never been in trouble in my life, but the person im living with is on probation for shoplifting I believe. I want to purchase a handgun, but im not sure if I even can. Any help would be greatly appreciated.
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Old April 6th, 2012, 06:02 AM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by massakyle View Post
I have a question. What if Im living with somebody on probation? I've never been in trouble in my life, but the person im living with is on probation for shoplifting I believe. I want to purchase a handgun, but im not sure if I even can. Any help would be greatly appreciated.
As I understand it, if the terms of the person's probation state they are not to possess firearms, then you would have to keep them inaccessible to that person.

Like in a safe with a combination that they do not know, or with a key that they don't have or cannot get a hold of.

I'm not a lawyer.
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Old April 6th, 2012, 06:24 AM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by massakyle View Post
I have a question. What if Im living with somebody on probation? I've never been in trouble in my life, but the person im living with is on probation for shoplifting I believe. I want to purchase a handgun, but im not sure if I even can. Any help would be greatly appreciated.
YOU are not prohibited from buying/owning/possessing a firearm. However, the person on probation may or may not be prohibited. They need to check with their probation officer to see what the terms of the probation are. If it says they are prohibited, then you can still own guns but they cannot have ANY access to them. That would basically mean you need a safe that you and only you have the key (or combination). While the gun is out of the safe you must have complete control of it, the prohibited person cannot even touch it.
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Old April 6th, 2012, 09:20 AM
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Default Re: Question about gun laws and probation.

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Originally Posted by Xringshooter View Post
They need to check with their probation officer to see what the terms of the probation are. If it says they are prohibited, then you can still own guns but they cannot have ANY access to them. That would basically mean you need a safe that you and only you have the key (or combination). While the gun is out of the safe you must have complete control of it, the prohibited person cannot even touch it.
There is a difference between being "prohibited" and being on probation/parole, and it's not quite this simple, at least here in Chester County (I understand that it varies). The probation agreement doesn't say that you're "prohibited" -- it specifically sets the terms and they can be more or less restrictive than being prohibited -- or say nothing at all. In Chester County, someone on probation or parole can't live in a place where firearms are present. It doesn't matter if they're locked in a bank vault or who does/doesn't have access. My niece who lives with us was on probation a while back, and her PO made it crystal clear that either the guns had to be stored elsewhere (they gave her a form to "certify" this) or she had to find another place to live. Read his probation agreement -- carefully.

Last edited by donm; April 6th, 2012 at 09:25 AM.
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