If I’m on misdemeanor probation, do I have to remove all of my family’s firearms from my home even if there in a safe?
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If I’m on misdemeanor probation, do I have to remove all of my family’s firearms from my home even if there in a safe?
My paperwork states I can’t own or possess guns while on probation. But my 80 year-old PO says I can’t even have any guns in my house. This doesn’t sound right; it’s not a felony or a violent crime.
Asked on December 2, 2010 under Criminal Law, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Listen, if you think that your PO (whom I doubt is really 80) I would speak with his supervisor and ask him or her their opinion on the matter. But if your paperwork states "own or possess: I think that it may in fact include being in a house that has firearms. "Possess" has a very broad meaning. You can not even touch or pick up a fire arm in New York under the statute. And regardless of why they wrote it that way in your case as it is only a misdemeanor, they still wrote it that way and you are stuck with it. Maybe you should speak with your attorney on the issue. Good luck.
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