If a family member or I am on probation, can another family member possess a weapon in the same house they live in? 8 Answers as of January 30, 2014

The home is not owned by the person under probation.

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Universal Law Group, Inc. | Francis John Cowhig
It depends on whether the probationer is on felony or misdemeanor probation and what the terms of the probation are.
Answer Applies to: California
Replied: 1/30/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
The person is certainly able to have a firearm, as there is no order preventing him/her from doing so. However, doing so puts the pother person at risk for violating the court's order regarding firearms. It seems like a choice has to be made: guns in the house or the person on probation.
Answer Applies to: Washington
Replied: 1/30/2014
Fluhr & Moore, LLC | Steven S. Fluhr
Yes.? Just make sure the person on probation never comes into possession of the firearm and is prevented from having access to it.
Answer Applies to: Missouri
Replied: 1/30/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Felony probation? A felon and gun cannot occupy the same house, irrespective of who owns the gun or who owns the house.
Answer Applies to: Georgia
Replied: 1/30/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
The general answer is, it depends. IF you are on for felony probation, you should not have possession, including constructive possession, e.g. you have access to it, of any weapon, firearm etc. If you are on misdemeanor probation, then a general term of probation is to not have possession and/or constructive possession. You should clear your living situation with your probation officer in either scenario. If you have a domestic violence conviction, you have even greater limitations on your firearm rights for long term. You should discuss the details of your case with an attorney.
Answer Applies to: Oregon
Replied: 1/30/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The law disallows possession of firearms by certain persons. Having a firearm in the same house definitely increases the risk that the probationer will be deemed to be "in possession". It is not uncommon for a probation agent to set a condition that there be no firearms in the residence so there will be no doubt. If you are on probation, it is always best to attempt to comply with conditions imposed by your probation agent.
    Answer Applies to: Minnesota
    Replied: 1/30/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The person on probation would not be able to have access to the firearm or else it could be argued that they were in" constructive possession" of the firearm. The best way to prevent this would be to have it locked up and the person on probation to not have access to the key
    Answer Applies to: Michigan
    Replied: 1/30/2014
    Michael K. Cernyar, Esq. | Michael K. Cernyar
    Yes, the family member can own the weapon provided that they are not an ex-felon or have a misdemeanor that prevents them from having the gun because it's not the family member that will get in trouble for the gun in the house. ? It's the person on probation that will suffer the consequences. ?The person on probation cannot be in a house with a gun in it, at minimum it's called constructive possession, which is a probation violation that may cause incarceration.
    Answer Applies to: California
    Replied: 1/30/2014
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