Pennsylvania Firearm Owners Association
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  1. #1
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    Default License to carry with wife on probation

    I'm totally new to this forum so if I make mistakes I'm sorry! I am currently on probation for a Petty theft charge. I have no felonys!! My husband has his license to carry a concealed weapon. He carries a handgun with him at all times. Probation said he is not allowed to have it while I'm on probation. Other people are telling me he can have it because that's his right but he has to keep is out of the house or in a safe where I don't have access too. I spoke to a few lawyers and they tell me it depends on my probation department. Which they say no weapons at all. Not even our hunting stuff. BUT I have a few gun friends who said by law they can't do that. Could someone give me some pointers to this whole situation? I cannot give any weapons to family as we have none close to us. We currently have them all in a storage unit which is costing money. I want to follow all probation rules and get this over with but I also want my husband to be able to carry and legally protect his family without me being punished for it.
    I am in Lebanon county Pennsylvania!

  2. #2
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    Default Re: License to carry with wife on probation

    Listen to Probation ! Their Powers exceed police Officers such as Gaining entrance to domicile without warrant if reasonably suspected that probationary person is in domicile ! IANAL,Check further with GUNLAWYER at this site !

  3. #3
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    USN Retired, Pennsylvania
    (Monroe County)
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    Default Re: License to carry with wife on probation

    Are these friends going to do the jail time if your po finds you in violation?
    You played a stupid game and won this stupid prize. Follow the court's instructions or have someone with .Esq in there title challenge it. Or you risk a full sentence and the government taking them vs a storage locker costs.
    Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
    NRA CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun Merit badge counselor. US Navy Marksmanship Team Staff

  4. #4
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    (Washington County)
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    Default Re: License to carry with wife on probation

    You cant have access. Have him change the lock on the safe. Problem solved.

  5. #5
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    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: License to carry with wife on probation

    If you are on probation, you are not allowed to live in a house that has firearms in it

  6. #6
    Join Date
    Feb 2007
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    Bellefonte, Pennsylvania
    (Centre County)
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    Default Re: License to carry with wife on probation

    I am not a lawyer. I have read where it was explained that being on probation is an agreement between you and the court system that keeps you out of prison but still under court control, via probation. As a result of this agreement you do give up some of your rights, though not as many as in prison. So yes, I think, probation can say no guns for you including hunting. I would ask for clearer instruction from probation about your husband and carry, such as can he do it while not in your presence? If no guns are allowed in your home by probation decree, I think, again IANAL, that friends could store rifles and shotguns? Handguns maybe not unless the friends have a LTCF? Could a local FFL store firearms at a lesser fee than a storage locker? This may require a background check to receive them back form the FFL? It sounds like lawyers have told you yes, probation can do these things so I would listen to them. How long will you be on probation? You might ask for a lessening of these restrictions for your husband if you complete 'X' number of months with no probation violations or new violations of law? Good Luck.
    Let's go Brandon!!!

  7. #7
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    Uniontown, Pennsylvania
    (Fayette County)
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    Default Re: License to carry with wife on probation

    Quote Originally Posted by marinville View Post
    You cant have access. Have him change the lock on the safe. Problem solved.
    Im not 100%, but I think when a person on probation signs an agreement it says "No firearms in your residence".
    Probably doesn't matter if they're locked up or not.
    "One must be a fox to recognize traps, and a lion to frighten wolves” ~ Machiavelli

  8. #8
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    Default Re: License to carry with wife on probation

    Quote Originally Posted by Ricochet View Post
    Im not 100%, but I think when a person on probation signs an agreement it says "No firearms in your residence".
    Probably doesn't matter if they're locked up or not.
    Did the husband also sign this agreement? He is not on probation, therefore his rights remain intact. Even the spouse of a felon can own firearms, provided the felon does not have access. How is this different?

  9. #9
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    Default Re: License to carry with wife on probation

    yes the husband still has his rights, his wife, not so much. If probation says no guns in home, husband can choose to live without guns and with wife or with guns without wife......
    Let's go Brandon!!!

  10. #10
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    Default Re: License to carry with wife on probation

    Quote Originally Posted by archie19 View Post
    yes the husband still has his rights, his wife, not so much. If probation says no guns in home, husband can choose to live without guns and with wife or with guns without wife......
    That sounds like an easy decision

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