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Thread: PROBATION
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April 5th, 2008, 07:05 PM #1
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PROBATION
Can somebody that is on probation for a non-vilant crime (DUI) allowed too carry a firearm.
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April 5th, 2008, 07:22 PM #2
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Re: PROBATION
You are better off asking an attorney, or at least calling a probation officer, and asking her/him.
Internet information is good for getting general information, and developing thoughts/questions that you can take to a professional in order to become better informed.
You should contact a professional soon, as it may be the case that you are not even allowed to own weapons while on probation.
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April 5th, 2008, 07:40 PM #3
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Re: PROBATION
I'm allowed to have weapon's. Everyone I have asked has gave me a gray area answer. Just looking to get others opinion. Thanks
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April 5th, 2008, 08:32 PM #4
Re: PROBATION
I don't think so but I'd call a lawyer to check on it
From Bucks County
Bucks County Adult Probation and Parole
General Supervision
The majority of Bucks County residents placed on probation or parole supervision by the Court are supervised by general supervision officers who meet with the client in the community, refer to needed services and monitor a client's compliance to the order of the Court. The Bucks County Adult Probation and Parole Department has 31officers performing general supervision.
The rules and regulations of General Supervision are as follows:
1. I will report to my Probation/Parole Officer as directed and permit this officer to visit me at my home or place of employment.
2. I will respond promptly to any summons to appear at Court or the Office of the Probation-Parole Department. My travel is limited to adjoining Counties within Pa. Any travel beyond those Counties, out of State, or overnight travel must be approved by my Probation/Parole Officer.
3. I will comply with all Federal, State, and local laws. If I am arrested or have contact with law enforcement authorities during supervision, I will notify my officer by the next working day. I will comply with all terms and conditions included in a Protection From Abuse Order.
4. I will report any change of address immediately to my Officer.
5. I will make every effort to obtain and hold a legitimate job and support my dependents. I will report promptly to my officer any change in my employment status.
6. I am forbidden to use, possess, or distribute Controlled Substances and/or dangerous drugs. I will abstain from the excessive use of alcohol.
7. I will voluntarily submit urine, blood or breath tests as requested.
8. I will not own, use, or possess and type of lethal weapons.
9. I will pay all fines, costs, supervision fees and restitution in monthly installments as directed by the Probation/Parole Officer. Court costs, fines and supervision fees are paid tot he Clerk of Courts Office, Criminal Division, 55 East Court Street, Doylestown, PA 18901. Restitution is paid to Bucks County Adult Probation Department, 55 East Court Street, Doylestown, PA 18901. Include Bill Nos._____________________ on all court costs, fine, supervision fee, and restitution payments.
10. I understand that the Adult Probation/Parole Department has the authority to search my person, place of residence, or vehicle without a warrant, if there is reasonable cause.
11. I will not enter into any agreement to act as an informant or a special agent of a law enforcement agency without the permission of the Probation/Parole Department.
12. I will not physically or verbally threaten, nor engage in religious, ethnic, or racial intimidation toward any Probation/Parole Officer.
13. I will abide by the Case Plan, which will be developed by my Probation/Parole Officer. I am aware that I will be given the opportunity for input into the plan.
14. I will also comply with the following special conditions imposed by the Court: _________________________________________.
I will keep in mind that I am conditionally released and the Court may at any time revoke my probation or paroles for cause. I am aware that should I violate probation or parole, the Bucks County Adult Probation Department has the authority to return me to Prison pending a Violation Hearing. I am further aware that if I am convicted of a new offense during my probation or parole period I will be brought back before the Court for a Violation Hearing
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April 5th, 2008, 09:08 PM #5
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April 5th, 2008, 09:10 PM #6
Re: PROBATION
The short answer will inevitably be no, you cannot have firearms, let alone carry them. Contact an attorney and/or your probation office to be sure.
18 Pa.C.S.A. § 6105
§ 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms
...
(g) Other restrictions.--Nothing in this section shall exempt a person from a disability in relation to the possession or control of a firearm which is imposed as a condition of probation or parole or which is imposed pursuant to the provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from possessing, using, controlling, selling, purchasing, transferring or manufacturing any firearm under this section shall not be eligible for or permitted to obtain a license to carry a firearm under section 6109 (relating to licenses)
42 Pa.C.S.A. § 9754
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VIII. Criminal Proceedings (Refs & Annos)
Chapter 97. Sentencing (Refs & Annos)
Subchapter E. Imposition of Sentence (Refs & Annos)
>>§ 9754. Order of probation
(a) General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision.
(b) Conditions generally.--The court shall attach such of the reasonable conditions authorized by subsection (c) of this section as it deems necessary to insure or assist the defendant in leading a law-abiding life.
(c) Specific conditions.--The court may as a condition of its order require the defendant:
(1) To meet his family responsibilities.
(2) To devote himself to a specific occupation or employment.
(2.1) To participate in a public or nonprofit community service program unless the defendant was convicted of murder, rape, aggravated assault, arson, theft by extortion, terroristic threats, robbery or kidnapping.
(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose.
(4) To pursue a prescribed secular course of study or vocational training.
(5) To attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.
(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.
(7) To have in his possession no firearm or other dangerous weapon unless granted written permission.
(8) To make restitution of the fruits of his crime or to make reparations, in an amount he can afford to pay, for the loss or damage caused thereby.
(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment.
(10) To report as directed to the court or the probation officer and to permit the probation officer to visit his home.
(11) To pay such fine as has been imposed.
(12) To participate in drug or alcohol treatment programs.
(13) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.
(14) To remain within the premises of his residence during the hours designated by the court.
(d) Sentence following violation of probation.--The sentence to be imposed in the event of the violation of a condition shall not be fixed prior to a finding on the record that a violation has occurred.Last edited by NineseveN; April 5th, 2008 at 09:20 PM.
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April 6th, 2008, 08:38 AM #7
Re: PROBATION
Its not a hard and fast rule.
Check the conditions of supervision that YOU signed for your County. Some counties prohibit the use/possession of handguns or SBR's, others prohibit use/possession of all firearms outright.
The conditions of supervision in my dept. note that the offender shall not use, possess, or have available to his control any firearms (including handguns rifles and shotguns)... ammunition... other weapons or instruments of crime.
As for "cutting his steak," the knife doesnt become a weapon until it is used AS a weapon. Otherwise, its a steak knife. The slippery slope argument never works well with me."The rifle is the weapon of democracy. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military. The hired servants of our rulers. Only the government-and a few outlaws. I intend to be among the outlaws." (Edward Abbey, "The Right to Arms," Abbey's Road [New York, 1979])
I have my rifle. Do you?
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April 6th, 2008, 10:29 AM #8
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Re: PROBATION
This is not a highjack, I believe, while many consider DUI not a violent crime, it is a crime of immense stupidity and shows a complete lack of sound judgement, especially with the tremendous amount of increased public awareness and discussion in the last 20 years. There is no excuse for DUI, it is a matter of inches between a non violent crime vs a very violent Crash. I don't want those that lack sound judgement carrying weapons.
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April 6th, 2008, 02:39 PM #9
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April 6th, 2008, 02:52 PM #10
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