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Thread: Firearms being detained!
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January 20th, 2009, 01:58 PM #1Junior Member
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Firearms being detained!
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.
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January 20th, 2009, 02:11 PM #2
Re: Firearms being detained!
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.
Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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January 20th, 2009, 02:33 PM #3
Re: Firearms being detained!
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...
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January 20th, 2009, 03:04 PM #4Grand Member
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Re: Firearms being detained!
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.
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January 20th, 2009, 04:38 PM #5
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January 20th, 2009, 04:49 PM #6
Re: Firearms being detained!
Lawyer time.
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January 20th, 2009, 05:06 PM #7Junior Member
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ALTOONA,
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Re: Firearms being detained!
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.
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January 20th, 2009, 05:10 PM #8Grand Member
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Re: Firearms being detained!
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.The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.
In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.
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January 20th, 2009, 05:23 PM #9Banned
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Re: Firearms being detained!
You could PM GunLawyer001 here on the forum and see what he says.
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January 20th, 2009, 05:40 PM #10
Re: Firearms being detained!
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.Get your "Guns Save Lives" stickers today! PM for more info.
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