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jake1960 · Oct 22, 2010, 04:43 PM

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.

cdad · Oct 22, 2010, 05:13 PM

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

excon · Oct 22, 2010, 05:17 PM

Hello j:

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

excon

jake1960 · Oct 22, 2010, 05:44 PM

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

cdad · Oct 22, 2010, 05:46 PM

What state is this in?

excon · Oct 22, 2010, 05:50 PM

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

jake1960 · Oct 22, 2010, 05:54 PM

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

excon · Oct 22, 2010, 05:57 PM

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

jake1960 · Oct 22, 2010, 05:58 PM

Thanks! Will do.
Jake

cdad · Oct 22, 2010, 06:11 PM

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

excon · Oct 22, 2010, 06:23 PM

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

cdad · Oct 22, 2010, 06:27 PM

Originally Posted by 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.

Fr_Chuck · Oct 22, 2010, 06:41 PM

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.

jake1960 · Oct 23, 2010, 05:09 AM

Thanks everyone, jake