Can I carry a gun if I am on probation for a DUI misdemeanor charge? 57 Answers as of June 14, 2013

Can i carry my gun while i am on probation for a misdameanor dui charge?

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Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Yes.
Answer Applies to: Michigan
Replied: 5/29/2013
Law Office of J Edward Jones | J Edward Jones
Gun prohibitions generally result from a felony, domestic violence, or restraining order conviction. They can also be related to restraining orders. A DUI conviction will not likely result in a gun prohibition unless specifically ordered by the court.
Answer Applies to: Utah
Replied: 7/6/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
Typically a condition of probation is not to possess a firearm. This condition of probation can be modified with the help of an attorney or probation could be ended early once all conditions are met. Talk with a DUI Lawyer about either ending probation early, or modification of your probation terms.
Answer Applies to: Oregon
Replied: 7/6/2012
The Langsdale Law Firm, P.C.
The Langsdale Law Firm, P.C. | Caleb Langsdale
Generally yes, however it depends on the charge and sentencing requirements negotiated at the time of entry of plea.
Answer Applies to: Nevada
Replied: 7/6/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you obtain a private consultation with a lawyer if you need specific legal advice. Most attorneys provide free initial consultations. It could be a probation violation; carefully review the terms and conditions of your probation. Even if it's not a probation violation, generally speaking, it's probably in your best interests to wait until you finish probation and then re-evaluate your situation.
Answer Applies to: Michigan
Replied: 7/6/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If you have a CCW, then in general you may, unless there is a term or condition of your bond/probation that you cannot. (Assuming no other prohibition) When you go to renew, you may be denied or there may be a hearing.
    Answer Applies to: Michigan
    Replied: 7/3/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Ask your probation officer what the terms of your probation are.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Dear Sir/Madam - Generally speaking no. But when you were put on probation you were given a paper outlining the terms and conditions of your probation. Finally, you can ask your probation officer if you don't have the papers anymore. Hope that helps you out.
    Answer Applies to: Florida
    Replied: 6/22/2012
    Michael E. Jones, P.S. | Michael E. Jones
    Most misdemeanor convictions don't affect a person's gun privileges. The only common exception are assault charges and Domestic Violence convictions. However, it's probablyba good ides to ask your probation officer. If they believe you are prohibited you should limit your weapons posseeion until you can get an order correcting or clarifying your status. Two added cautions, firearm restrictions usually prohibit mere possession as well as use; and violation may impose felony charges for violations.
    Answer Applies to: Washington
    Replied: 7/3/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    I don't see why not, as long has you have a proper license for it if it's a concealed weapon.
    Answer Applies to: Louisiana
    Replied: 7/3/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    You should always check with your local gun board for the requirements. However, if it is a first offense DUI and there are no bond conditions or probation conditions that preclude you from carrying or possessing a weapon, then you most likely can continue to carry, provided you have a valid permit. Typically if a person is charged or convicted of an offense that violates the concealed weapons law, the gun board will either suspend/revoke the permit, or schedule a hearing regarding same.
    Answer Applies to: Michigan
    Replied: 7/3/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Assuming you have a license to carry a weapon, yes a DUI charge or a conviction for that matter will not prevent you from possessing a firearm. If you are convicted of a domestic violence charge that will prevent you from carrying a firearm or possessing one.
    Answer Applies to: Rhode Island
    Replied: 7/3/2012
    Law office of Robert D. Scott | Robert Scott
    It is my understanding that you need a license to carry a firearm.
    Answer Applies to: Maryland
    Replied: 7/2/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You can only carry a firearm if you are properly licensed to do so. A misdemeanor DUI should not have the effect of restricting your ability to own or possess a firearm as long as you comply with the applicable laws.
    Answer Applies to: Kansas
    Replied: 6/22/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No on in California can carry a gun unless they have a valid CCW concealed carry permit from their local sheriff. You may be able buy and own firearms now if you have no court order prohibiting it as part of your DUI or other sentencing, and no felony record, and no psychiatric commitment record, and no domestic violence record, and no restraining order ever issued against you. When you get off probation you may be able to apply for a CCW if you meet all the above qualifications, and can show good cause need for CCW.
    Answer Applies to: California
    Replied: 7/2/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    No.
    Answer Applies to: Illinois
    Replied: 6/14/2013
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    If any term of your probation stated you cannot own or possess a firearm then no. You need to see exactly what your probation restrictions were when you were sentenced.
    Answer Applies to: Michigan
    Replied: 7/2/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    No.
    Answer Applies to: District of Columbia
    Replied: 5/29/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You must be looking for trouble to ask such a question.
    Answer Applies to: Michigan
    Replied: 6/29/2012
    Steven Alpers | Steven Alpers
    A misdemeanor for dui does not ban gun ownership or possession unless the gun was mentioned in the probation conditions. If a gun was located in your car when you were stopped for dui , the court may have said no gun possession. Otherwise it is unlikely to be a problem. Of course you are still covered by all of the gun laws, including not haveing a gun in your car except for in a locked trunk.
    Answer Applies to: California
    Replied: 6/29/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes unless the terms of your probation specifically prevent it.
    Answer Applies to: Arkansas
    Replied: 6/29/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State can ask for a condition of bond from the judge that you surrender all guns. If you remind the State of it, they will probably ask for it while your case is pending.
    Answer Applies to: Illinois
    Replied: 6/29/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The order of probation usually says NO weapons, so the anwer is no.
    Answer Applies to: Michigan
    Replied: 6/29/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes you can carry your gun, but unless you have a concealed pistol license, you cannot carry it concealed on your person or in a vehicle.
    Answer Applies to: Michigan
    Replied: 6/29/2012
    Salladay Law Office | Lance Salladay
    Yes but you should obtain a concealed weapons permit just to be safe.
    Answer Applies to: Idaho
    Replied: 6/29/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Depends on your bond conditions, in most cases, courts routinely say no you may not have firearms.
    Answer Applies to: Wyoming
    Replied: 6/29/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You need to ask your probation officer. Generally speaking, you cannot possess or carry a firearm while you are on probation especially in NH.
    Answer Applies to: New Hampshire
    Replied: 6/29/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes you can but aren't you in enough trouble? WTF do you need to carry a gun (assuming it is not concealed or violating any other gun laws). It is guys like you that keep guys like me employed. Forget the gun.
    Answer Applies to: California
    Replied: 6/29/2012
    Alvin Lundgren | Alvin Lundgren
    Read the terms of your probation.
    Answer Applies to: Utah
    Replied: 6/29/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is not one of the charges that prevents you from getting a gun license. You cannot carry a gun in Manhattan, and you must check the laws in each state or city to see whether it is legal to own or carry any particular firearm.
    Answer Applies to: New York
    Replied: 6/29/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    Probably not. It is a standard condition of probation that you not posses any firearms. You should review your probation contract to find out if it is a condition of your probation. If you are not on probation yet, and you need to carry a firearm for some reason (e.g. it is part of your job), you should ask your lawyer to request that that condition not be imposed.
    Answer Applies to: Maryland
    Replied: 6/29/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you are not permitted to carry a firearm at any time, unless it is unloaded and locked in a secure box. If you mean can you have a valid FOID card, I would suggest that you will not lose that, however, it is best to check with the issuing authority of such permits and find out what their regulations are concerning this issue.
    Answer Applies to: Illinois
    Replied: 6/29/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Depends on your conditions set by the Court, and, of course, whether or not you have a concealed weapons license.
    Answer Applies to: Washington
    Replied: 6/29/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I wouldn't, even if I was legally able to do so.
    Answer Applies to: Alabama
    Replied: 6/29/2012
    William L. Welch, III Attorney | William L. Welch, III
    While a sole DUI probably would not prohibit you, unless the state could show that you're a habitual drunkard, whether anyone might carry a gun without a permit is an open question in Maryland. A federal judge has declared Maryland's gun regulation unconstitutional. That is on appeal. Do so at your own risk.
    Answer Applies to: Maryland
    Replied: 6/29/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    In Utah, DUI misdemeanors do not implicate gun rights. Unless the judge specifically mentioned it as a condition of your probation, your right to carry is unchanged.
    Answer Applies to: Utah
    Replied: 6/29/2012
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Your explicit terms of probation (the probation agreement) will spell out whether guns are allowed. Look back at the specific document you signed.
    Answer Applies to: Colorado
    Replied: 6/29/2012
    Ryan Berman, Esq | Ryan Berman
    It depends on how you intend to "carry". If you have a concealed pistol license, a current misdemeanor charge would've likely automatically suspended your carry privileges until the case is resolved. Then there is the issue of "open carry", where you don't need that license to openly carry in a holster. However, you need to know the laws regarding how and where you can do so. With that though, you also have to look at the terms of your probation, and any orders of the judge. Usually any bond and probation terms include the restriction of possessing weapons. Consult with an attorney knowledgeable in this area.
    Answer Applies to: Michigan
    Replied: 6/29/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Check with your probation officer to make sure you are not in violation of any special conditions that may be part of your paper. Generally you would be OK, but check now rather than face a possible revocation hearing and being forced to prove you are not in violation.
    Answer Applies to: Missouri
    Replied: 6/29/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    No.
    Answer Applies to: Texas
    Replied: 6/14/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    There are often standard probation conditions in all cases, and specifically in alcohol related cases, that indicate "shall not possess a firearm." I would ask my probation officer to review the conditions related to firearms with me prior to getting anywhere near a gun. If you do not like the condition, and have a good reason to possess a gun, you can ask the court to modify that condition in your case. If the court agrees in writing, you are fine.
    Answer Applies to: Colorado
    Replied: 6/29/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is not a good idea to carry a gun while you are on probation for even a misdemeanor. You cannot carry a gun unless you have a permit to do so.
    Answer Applies to: Florida
    Replied: 6/29/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Ooh, that is tough one w/out more facts. It depends on your record and whether you have had any domestice violence charges filed against you. If you are a felon or be involved w/ domestic violence charges don't get in the vicinity of a gun. These Nazi Feds will try and hang 5 years on you.
    Answer Applies to: Virginia
    Replied: 6/29/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally you cannot carry a gun, unless the court allowed it in it's order.
    Answer Applies to: Nebraska
    Replied: 6/14/2013
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    No, and the answer doesn't depend on whether you are being charged or are on probation. It is illegal to carry a gun in Illinois. There are no carry permits currently available.
    Answer Applies to: Illinois
    Replied: 6/29/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yep.
    Answer Applies to: California
    Replied: 6/29/2012
    Jones Jones & Mosley PA
    Jones Jones & Mosley PA | Bernard Jones
    It depends on the conditions of your probation.
    Answer Applies to: Mississippi
    Replied: 6/14/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Yes - unless it is a listed "condition of probation" that you not possess a firearm. You will need to look to the language of your Probation Order.
    Answer Applies to: Missouri
    Replied: 6/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your question is not specific enough to answer, are you speaking of a concealed weapon, or an open carry. Additionally, it would be necessary to look into the actual charges which you are on probation for and of the terms of your probationary release. I would suggest that you call an attorney order to speak to the one who provided you your DUI defense.
    Answer Applies to: Michigan
    Replied: 6/29/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes. Unless court order says differently (that would be unusual unless firearms were involved, e.g. drinking out of revolver.
    Answer Applies to: California
    Replied: 6/29/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    If you have a carry permit, yes, and you should report your conviction to the state licensing authorities.
    Answer Applies to: Pennsylvania
    Replied: 6/29/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Unless the judge prohibited you from doing so, you are OK.
    Answer Applies to: Washington
    Replied: 6/29/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You have to read the terms of your probation. Most say that you cannot buy a weapon, but it's rare that they make you give up ownership. And if you are talking about a CHL, then you have to read your terms of probation closely. If it doesn't say so, then you're good, but best to fly under the radar.
    Answer Applies to: Texas
    Replied: 6/29/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Most terms of probation include no possession of firearms. You need to check the written terms of probation or ask your PO. More importantly, do you have a permit to carry?
    Answer Applies to: Colorado
    Replied: 6/29/2012
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