Firearms being detained!

[dschmitta]

Looking for help!!! I live in PA (Blair County). In Jan. of 2005, I was put into a Pretrial diversionary program called Disposition In Lieu of Trial (35 P.S. 780-118). I was told by my attorney at this time, that I would be placed under supervision for a period of time not to exceed the statute of limitations. I also was to turn in all firearms to the local sheriffs' Dept., which I did. Well, as you might guess, after the statute of limitations expired, I contacted my P.O. and Sheriffs' Dept. to find out that not only was I not getting my firearms back, but, I would have to wait six more years to even attempt to retrieve them and also had six years remaining on probation! Now, at the time of the program hearing, there was mention of a ten year probationary period, but attorney told me that was if I violated any conditions of this program. Attorney has since retired from P.D.'s office and no longer practices. The P.D office will not help because they say that there are no charges pending against me! I have researched statute,and it seems clear to me that the sentence was in error, maybe as to a mix up with another county program, P.O.V. (35ps 780-117) where they can impose a lenghty period of probation as they see fit. Not only have I gone 4 years without enjoying the outdoors how I wanted to, but I have to wait another 6 yrs. to enjoy them again. Any help, comments, knowledge would be greatly appreciated. Thanks to everyone for listening.

[Xringshooter]

I don't see much choice other than to talk to another lawyer to see if they can clean this mess up. This will, however, cost you some money, I haven't got a clue how much. Hope you get it straightened out.

[customloaded]

From what you wrote, you have six years of unsupervised probation left and if that is the case, then, well, you would have to wait six more years.

I recommend taking up Archery and or spear chucking. Both are very successful ways of hunting.

Also, do not be like a bonehead a few years ago who used a buddies rifle and shot a record buck and had his picture taken and published in local news papers displaying himself, the rifle, and buck. Tends to lead to additionial criminal charges...

[jmiro]

In my dealings with blair county they are pretty 2a pro. If you have probation for 10 yrs then you are with out firearms for that time. I hope you got a something stating what you turned in. Things are know to go missing and in 10 yrs who knows what could happen. Most of the people I know that went on probation transfered or turned their firearms over to some one they know and trust.

[RaisedByWolves]

Best bet, stay out of the system.


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[gf45acp]

Lawyer time.

[dschmitta]

Thanks for trying to help. The blame definately falls on me for letting it happen. I think the only option is to spend some money. Thanks again everone who replied.

[Rule10b5]

When you allocuted, what sentence did the judge impose?

Or did you simply sign the disposition documents ?

The sentencing documents or disposition documents should explicitly spell out the terms imposed.

If you've lost them, get additional copies from the prothonotary and read them.

If you signed off on them and they have the 10 year language, or you were present in court when they were executed, you're in a rough spot.

If they don't have the 10 year language, you're in good shape.

Either way, you're going to be shelling out $ for a lawyer. But to save your own cash, I'd suggest you get the documents together and review them first.

[mikey]

You could PM GunLawyer001 here on the forum and see what he says.

[gnbrotz]

Originally Posted by mikey

You could PM GunLawyer001 here on the forum and see what he says.

GunLawyer, it looks like mikey is offering to pay for your consultation.

Seriously though, if the OP isn't comfortable obtaining the documents himself, or relying on his own comprehension of what they say, then this situation appears to need a level of professional assistance beyond the typical 'advice' that GL offers for free. That's not to say he can't help, but I'd say the chances of resolving this without actually paying an attorney are slim.