Questions about DUI.

[matt1080]

Ok so heres what im tying to figure out did a good amount of searching but cant seem to figure out the answers. My sister in law has a pa ltcf and lives in pa but is currently going to school in indiana.

So a few weeks ago she was arrested for what they call there OWI. Shes currently charges with 2 Class 1 misdemeanors.

She got an offer with for the county she was arrested in for pleading guilty to 1 class 1 misdemeanor and getting a year probation, fines, suspension.

My questions are

1 does she have to turn in her PA LTCF?
2 does she have to get rid of her gun?
3 does she lose her ability to have a PA LTCF
4 does this count as prohibited from having a firearm?

Also on a side note when she was pulled over she was carrying and the cop didnt care and secured the handgun in the trunk for her and had the car towed. (the tow guy was not happy about that the next day when the car was picked up)

And thanks for any help!

[donm]

She's probably OK as far as guns and LTCF are concerned. Indiana Misdemeanors are class A, B, and C, and the maximum penalty for Class A (the most serious) is one year. It would have to be over two years to be a prohibitor (PA M1's are up to 5 years).

IC 35-50-3-2
Class A misdemeanor
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

[DonM55]

I don't see it making her a prohibited person in the future. I'd bet she can't have or handle guns until probation is over. I'd also bet if the PA sherrif finds out her LTCF will be revoked during probation. Of course if she's not allowed guns during probation the LTCF issue is mute.

[donm]

I don't see it making her a prohibited person in the future. I'd bet she can't have or handle guns until probation is over. I'd also bet if the PA sheriff finds out her LTCF will be revoked during probation. Of course if she's not allowed guns during probation the LTCF issue is mute.

A good point, but it could go either way. Here in Chester County you're "prohibited" during any probation (in fact they can't be in the house, even if you have no access), but I understand that's not the case in other counties.

[Kurt_D]

A good point, but it could go either way. Here in Chester County you're "prohibited" during any probation (in fact they can't be in the house, even if you have no access), but I understand that's not the case in other counties.

I may be way out here but I do not believe that Chester County, as a governmental unit, has the authority to write or enforce such "laws" unless they are in the UFA. No governmental entity (within PA) can make law concerning firearms other than the Commonwealth of PA. The only thing (I think) they could do would be revoke her LTCF, either during probation or permanently (since there isn't a lot of control over what the sheriff can do concerning the license). This is posed more as a question rather than a statement of fact.

Also, I'm wondering if the situation, outlined in the OP, would be based on the law/penalties that would be in effect in PA, since other states could have more severe penalties or classifications of an offense that would carry a lesser charge in PA?

[uniballin]

I got a DUI earlier this year.

If she enters an ARD program, one of the requirements will probably to give up access to firearms. My probation officer said just to lock them up and give my parents the key.

[donm]

I may be way out here but I do not believe that Chester County, as a governmental unit, has the authority to write or enforce such "laws" unless they are in the UFA. No governmental entity (within PA) can make law concerning firearms other than the Commonwealth of PA. The only thing (I think) they could do would be revoke her LTCF, either during probation or permanently (since there isn't a lot of control over what the sheriff can do concerning the license). This is posed more as a question rather than a statement of fact.

Nobody is making a law here. Think of it as part of a contract between you and the DA/judge to avoid the jail term that the law says you deserve. Like parole, probation is really an agreement to "cut you some slack" as an alternative to incarceration. A probation officer can pretty much impose any restrictions they wish, and you can always turn them down and choose to serve your sentence. Attitudes and requirements vary from county to county. When my niece got ARD/probation for a DUI, she was required to sign an agreement that she would not drink under any circumstances, would attend counseling at her expense, and would not live in a place where firearms are present (among other things).

[donm]

I got a DUI earlier this year.

If she enters an ARD program, one of the requirements will probably to give up access to firearms. My probation officer said just to lock them up and give my parents the key.

In some counties (I assume more rural area) they don't impose firearm restrictions for a DUI. In my niece's case, even that wasn't good enough. Her PO didn't care if they were locked up in a bank vault in the basement -- they had to be out of the house. The bottom line, of course: Don't ever drink and drive.

[customloaded]

firearm prohibition while on probation is a county to county, individual to individual situation.
Dui is a government violation of rights, unless a harm to another occured, just like any other crime, and then, follow the normal criminal justice protocol in that area or jurisdiction.

Seems to me there is many a poster in this thread making blanket statements about laws, should be's, could be's but don't really know. Indiana law is Indiana law and thats that.

CL

[gnbrotz]

I may be way out here but I do not believe that Chester County, as a governmental unit, has the authority to write or enforce such "laws" unless they are in the UFA. No governmental entity (within PA) can make law concerning firearms other than the Commonwealth of PA.

The law permits the imposition of these conditions, but does not mandate it, thus there is some discretion that can be applied from locale to locale and/or case to case.

18 Pa.C.S. §6111(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.