Can I have a firearm while on probation? 41 Answers as of July 12, 2013

Can I have a pistol in my room while on probation?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
It depends on the underlying conviction. A felony or domestic abuse conviction creates liability under a federal statute. A DUI or misdemeanor theft, for instance, would not create liability. Stay well.
Answer Applies to: Alabama
Replied: 6/24/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Not a good idea. Check with your probation officer to see what the terms and conditions of your probation allow. Additionally, convictions of certain offenses carry a permanent lifetime restriction as to owning or possessing a firearm. Persons caught in possession of firearms who are prohibited to possess one almost always receive prison time.
Answer Applies to: Alabama
Replied: 6/17/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I would doubt seriously that you can possess any weapon while on probation, but I would check with your probation officer to be sure. Regulations vary from state to state, but I am almost 100% certain that you should not have a gun in your residence during that time, and in Illinois, if you are on probation for a felony, you can never possess a weapon again.
Answer Applies to: Illinois
Replied: 6/17/2011
Law Offices of Scott G. Hilderman
Law Offices of Scott G. Hilderman | Scott G. Hilderman
No. If it is a felony you will never be allowed to possess a firearm again under Federal law. Also, your probation officer will certainly tell you you can not have a firearm.
Answer Applies to: Montana
Replied: 6/16/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That would depend upon the terms of your probation and the probation officer and the nature of the original crime.
Answer Applies to: New York
Replied: 6/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This would depend upon what sort of prior convictions you have and the specific terms of your probation. If you have been convicted of a felony or if any of the terms of your probation specifically preclude you from possessing a firearm (they very well may) then you could be considered in violation of your probation and subject to sanctions (likely jail time) for doing so. You should consult with your probation officer or the attorney who represented you before considering keeping a firearm in your possession.
    Answer Applies to: Louisiana
    Replied: 6/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    NO they tell you that right in the written conditions of probation that you would have received.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    It all depends on the terms of probation. If the probation does not specifically forbid possession of firearms then it should be fine, so long as there is not some other reason you could not own a firearm.
    Answer Applies to: California
    Replied: 6/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Why are you on probation? As in is it a felony? Then , no you may not EVER have a gun. Period.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    you need to read the paper that you got from the court about your probation .if it says no firearms in you cannot own a firearm are possessed 1.
    Answer Applies to: California
    Replied: 6/15/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It depends if it is SIS vs SES probation, and it depends on if it is for a felony.
    Answer Applies to: Missouri
    Replied: 6/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on the terms of your probation. Convicted felons cannot own guns or have them in their car or home. If your probation officer searches your home and finds a loaded weapon he may violate you and you could face a jail term. I suggest you get rid of the firearm immediately.
    Answer Applies to: New York
    Replied: 6/15/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Usually this is not allowed. Check the "terms and conditions" of probation given to you when you were placed on probation.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on several things. For example, if it is felony probation, your firearms rights have already been terminated. Also, if you were convicted of domestic violence, you may have already lost your firearms rights. It is very important for you to know that if either of these situations is true, you may be charged with a felony if you are caught with a firearm. If you are on misdemeanor probation you need to look at your sentencing documents and make sure there is no prohibition of firearms possession by the court. Also, if your probation officer has forbidden you from owning or possessing weapons, you may not possess any gun, knife or any other weapon. If your firearms rights have been revoked, there may be a way to have them restored. That is an area of law we specialize in so give us a call if that's your situation. If there is any doubt in your mind that you can't have or carry a firearm, you should not carry it and you should give the unloaded firearm to a friend or family member for safe keeping. Remember that if you lose your gun rights, you can only regain them by court order. Completing probation or being discharged from felony probation will not restore your firearms rights.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Read your sentencing and probation report paperwork, or ask your attorney, or ask the probation dept [ whose opinion is the law as far as you are concerned]. If you have been convicted of a felony, you can never have a firearm or ammo. If the court ordered no firearms, then that means what it says.
    Answer Applies to: California
    Replied: 6/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Probably not. If you are on felony probation, absolutely not. Talk to the lawyer who put you on probation about this matter before talking to your probation officer about it. Or, just give the gun to someone else to hold for you until you finish the probation and until you become legally qualified to possess a weapon (which could be never depending on your offense.)
    Answer Applies to: Texas
    Replied: 6/15/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    When you were placed on probation you were given a list of conditions that you *must* comply with while on probation. I am certain that one of those conditions is that you are not to be in possession of a pistol. Having a pistol in your room would constitute possession, so you should not under any circumstances have a pistol in your room while on probation.
    Answer Applies to: New York
    Replied: 6/15/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In some cases, a condition of probation is to not possess a firearm. You should check the terms of your probation. It can vary by Court. If you are convicted of a felony, then you are prohibited from possession of a handgun. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Normally a standard condition of all probation is that you not possess any weapons.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, but read all the prohibitions in your Probation Rules and Regulations to be sure and if you really want to be sure ask your PO. If you find you're not sure you want to ask your PO, that should tell you the answer already. Good luck.
    Answer Applies to: New York
    Replied: 6/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I'm quite sure that you cannot. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights!
    Answer Applies to: New York
    Replied: 6/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Typically the possession of firearms while on probation would be prohibited. You should consult with your probation officer to be sure of your restrictions.
    Answer Applies to: Kansas
    Replied: 6/14/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Most probation conditions, even misdemeanor probation conditions, have a "no weapons" clause. This would not only include firearms but also certain categories of knives, spearguns, bows and arrows and the like. Of course of you are on probation for a felony, it is a violation of federal law and probably your state's law to possess a firearm. It would be best to look at the conditions of your probation. Probationers are often given a written list of conditions of probation just so there's no dispute over what is allowed and what is not allowed.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It depends what you were convicted of.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I depends on what you are on probation for and what the conditions of probation are. Look at your sentencing order that may contain a condition that you not possess a firearm. If the probation is for a felony or a domestic violence convictions you can never have a firearm even after the probation ends.
    Answer Applies to: Nebraska
    Replied: 6/14/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    Every State has different limitations on the ability to own firearms. the court can also place limitations on your ability to own firearms. Check with an attorney in your state.
    Answer Applies to: Connecticut
    Replied: 6/14/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    If you need specific legal advice, you should consult with an attorney. If you have been charged with a probation violation, I would recommend retaining an attorney. This answer does not contain specific legal advice. Speaking generally, most state laws and orders of probation prohibit probationers from possessing firearms; however, each person's individual probationary order may be a little bit different. There may be exception. Information regarding the terms and conditions of probation should be available in writing from some source, whether it's from the courts or the probation office.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    It is highly unlikely that the terms of your probation would allow you to own or possess a firearm. The court, when sentencing you to probation, most likely listed what your conditions were. One of them was probably a condition stating you could not own a firearm. If you are on probation for an offense of violence it is almost certain you cannot have one. You should contact your attorney or your probation officer to determine whether that is a condition of your probation or not.
    Answer Applies to: Ohio
    Replied: 6/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It may depend what you are on probation for. If it is a felony, the answer is probably no. You should also check the terms and conditions of your probation. Your probation may prohibit your from possessing a firearm.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    The answer depends on the type of probation you are on. If for a felony, then typically no guns allowed. But many misdemeanor probations allow legal gun possessions as long as you have valid license.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    No. Read the terms of probation. You need to surrender all firearms.
    Answer Applies to: New York
    Replied: 6/14/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    That depends on the terms of your probation - usually no, if convicted of a felony. For more information, please see my website or call me for a legal consultation.
    Answer Applies to: California
    Replied: 6/14/2011
    The English Law Firm
    The English Law Firm | Robert English
    It depends on the underlying offense. If you are on felony probation, then no, you can't. If it is a misdemeanor that involved a firearm, then probably no. For other misdemeanors, it would generally be fine as long as there is no condition of probation that specifically prohibits it or there is any other reason that prevents you from owning a firearm. You indicated "in your room" so the building rules could be an issue also. Some places, such as Universities, have their own rules regarding firearms.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It's often forbidden as a term of probation. That might be a violation of your right to bear arms, depending on the crime and your criminal history, but it would be foolish to violate it without discussing your rights with a lawyer first, and maybe seeking to have the condition listed.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    I doubt it. You need to check the terms of your probation.
    Answer Applies to: Utah
    Replied: 6/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, not if you're a convicted felon or have a conviction for misdemeanor domestic violence.
    Answer Applies to: Virginia
    Replied: 7/12/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Check carefully the wording of your probation terms. In some cases, you can't own or possess a firearm or other weapon while in some cases, the conditions state that you cannot have any firearms or weapons in your house regardless of whether you own them or not. Check with your probation conditions and/or your probation officer to make sure. You don't want to get a violation for something that could easily be avoided.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Your rules of probation will state what's permissible. In Colorado, no.
    Answer Applies to: Colorado
    Replied: 6/14/2011
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