DUI is a misdemeanor not a felony. I am uncomfortable with someone else "caring" for my valuable collection and also not having a gun to protect my family and home.

What were you exactly convicted of? Did you resist arrest? Is there a restraining order against you?

Hello j:

If you DIDN'T have a lawyer to stop them, hire one now.

excon

I was arrested for DUI = Driving Under the Influence, (of alcohol) I did NOT resist arrest and there is No restraining orders of any kind on me. I had a lawyer for the DUI. Jake

What state is this in?

Hello again, Jake:

If you DIDN'T consult with him over the gun issue before, why don't you see if he'll help you now? You NEED a lawyer. The cops aren't going to give 'em back just because you call and tell them they're violating your Constitutional rights... Nope.. They're NOT going to do that.

excon

I am in PA, actually the cops didn't take my guns, the probation dept told me they need to be out of my house while I am on probation (15 months) I was told any failure to meet probation rules can result in jail time. The guns are now at my brother-in-laws house but I am not comfortable with him keeping them "safe"

Jake

Hello again, Jake:

I understand... In my view, you have a right to your guns, EVEN on misdemeanor probation... I COULD be wrong. I was wrong back in '02. That's why I suggest you call a lawyer who can tell you what the LAW is. He won't charge you for that.

excon

Thanks! Will do.
Jake

This is the part Im not getting here. Unless it was a felony dui.

You may not possess, control, or use firearms if you have been convicted of a felony. This is also true if you have been convicted of a misdemeanor involving a crime of violence.


Adult Probation | Rules (http://www.alleghenycourts.us/criminal/adult_probation/rules.asp)

Hello again, Jake:

Thanks to dad, we now KNOW the law. It doesn't surprise me that the PO doesn't.. I'd write them a certified letter noting general rules that say NOTHING about you NOT being able to possess your guns... Include a copy of the rules, and request a ruling.

Be polite, but firm.

excon

Hello again, Jake:

Thanks to dad, we now KNOW the law. It doesn't surprise me that the PO doesn't.. I'd write them a certified letter noting general rules that say NOTHING about you NOT being able to possess your guns... Include a copy of the rules, and request a ruling.

Be polite, but firm.

excon

Just be sure that those rules that I linked to are consistent with your district. But they are usually uniform but it doesn't hurt to check. Good Luck.

Yes, some DUI are a felony. But you should know what you were convicted of.

Is this judge perhaps a anti gun advocate and added this to your probation order. The judge can of course make specific orders to a persons probation.

I would still use the attorney you had ( or another one) to do the contact with probation.

Thanks everyone, jake