I am going CRAZY

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ingram said:
I don't understand how a non violent misdemeanor causes your 2nd to become null.....

Is this something to do with the laws of his specific state?
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Yes, many misdemeanors now cause you to lose your 2A rights no matter what they are related to. Pretty much any offense that has a POSSIBLE jail time of more than 2 years will cause you to lose your 2A rights. Now go look at the POSSIBLE punishments for the misdemeanors in you state. Also, you might have the problem that you moved states. When you move states a NICS person re-evaluates the severity of your misdemeanor and determines if you are a felon in your new state.

hanno said:
A quick thought - rent a storage unit for the guns and send the key to the trusted relative. Your guns should be safe and you no longer have access to the guns. This should at least work until the trusted relative can come retrieve the guns.
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Good idea, but I would have a relative drive to you, pick up your guns, rent the storage unit, leave you off the lease, and not give you the key and gate code.

Or, you could just have them take the firearms home with them.

I feel bad for you, it is a difficult situation. Be happy you are not in CA where they cross check firearm registration with people on probation then show up at your residence.
 
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Just tell me where you live, and I'll come take, I mean get them, and keep them for you!!

And you can "trust" me-----I've never lied to you yet, I mean before. !!!

UJ

just kidding
 
Blade: I had to sign my name to attest that I read and understood the rules of my probation, with firearms being listed large and in bold at #2. Atleast in W. PA, if you are on probation, regardless of the nature of your crime, I sign to agree to allow the probation office to visit my home at any time and confiscate and/or charge me with anything in plain view.

I understand about hiding them or what not, but the home visit is unannounced.

Now for an update: my PO just called and stated that he understands my issue and sympathizes, but he does not have the authority to grant me travel with the guns, period. He also said that he will be coming by my house tomm. morning, which could easily be his one and only visit, to have me sign the official court order (which he told me specifically states, per the judge in VA, that I cannot possess firearms during this probation)

I plan on contacting my lawyer in the very near future
 
funderb said:
I was under the impression that firearms were lost to felonies.
not misdys.
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From the ATF website listed as a disqualifying offense

"Convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or any state offense classified by the state as a misdemeanor and punishable by a term of imprisonment
of more than two years"

http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm (Bottom of the page)

That is for federal permission to own a firearm. The feds will still prohibit you if you are prohibited by the state you live in. Even if your misdemeanor is not disqualified federally or in the state the charge originated, you still could be prohibited by your new state because most state firearms possession laws say “any felony or crime that would be considered a felony in this state”

Moving states with any crminal record (even a misdemeanor) is non-trivial.

cdcmj said:
He also said that he will be coming by my house tomm. morning
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I would get on the horn ASAP to my dad, brother, sister, mother, uncle, aunt, grandparents.....
 
Funderb, a simple restraining order can cause the person it is against to relinquish possession of any firearms. They don't even have to be convicted of anything, even a misdemeanor. My state even has a "turn your neighbor in" type law. Basically, if anyone so much "thinks" you might be a danger to yourself and/or others, they can report it and boom! Po po takes your guns. Proof not even required so don't piss off the neighbors! Better yet, mine know NOTHING about my firearms. Wait...what firearms?;)
 
The loss of firearms rights may be just temporary till probation ends.

Ask your PO to clarify.

I bet that is probably the case as a stipulation of your probation.
 
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cdcmj, thanks for the clarification. So, in reality, you did NOT offer up anything about firearms ownership first since they did in fact ask first via what you had to sign. You made it sound like you asked out of the blue to avoid getting into trouble, but now I see that is not the case. As for the home visits being unannounced? ***? Are you not allowed to go to work/school/shopping/visit friends/go to a movie/etc? It's not like you're under house arrest or anything is it?
 
to sum it all up, for those that are confused. The state I am in, NICS checks, etc dont matter...

I have a misdemeanor driving offense that has subsuquently rendered me defensless in one of the crappier neighborhoods of Pittsburgh.:banghead:

PS- if you read previous poster, this is just for the period of my probation, this is nothing close to a felony, which would entail a lifetime ban
 
blade: being available to an unannounced visit is the least of my concerns. I'll let them worry about when I may or may not be home.
 
That's what doesn't make sense as it seems like a lot of wasted resources if you're constantly not home. At least they could contact you via cell or something and you'd have to be home within the hour. Sort of like being on "call". Again, I thought the offender generally reports to the PO to make it inconvenient for the offender and not the other way around. Like I said before, it's safer for the PO that way rather than confronting a potentially violent (not you) offender on their own turf...which is unknown to the PO and there could be other unknown people there, too. I wonder if they have back up, which would be even more of a waste every time they show up and you're not home.

Completely OT, but I don't get the first quote in your sig line. What is it supposed to mean?
 
Damn, 82 in a 50 and you lose your guns for a year (among other things)?

That's like normal morning commute speeds here. Scary.

Dope
 
Dope said:
Damn, 82 in a 50 and you lose your guns for a year (among other things)?
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Hopefully this is just temporary for cdcmj but this is just an indication of how things are going.

Anything possible reason NICS (or other gov agency) has to deny your 2A rights, they will. As states start to dump their records into the NICS system I am sure more and more people are going to get denials based on old misdemeanor convictions (or other minor offesnes).
 
What a bunch of nonsense.

Have you contacted a lawyer about this yet? This sounds like a pretty big 2a violation to me.
 
well to play devils advocate AGAINST myself :). One could say that being under federal supervised probation, without devling in to the crime itself, is enough to violate one's natural/stated rights to persuade them out of a life of crime.

FYI- i have a clean record cept' this now

Of course I feel that there needs to be a distinguishment between a guy who punched his girlfriend out and someone such as myself driving to fast, both whom received a misdemeanor...
 
Incredible! I have never heard of probation on a driving offense unless someone was hurt. I agree with the other posters who said to have family member pick them up ASAP. The PO will probably be looking closely and who knows the offense of being in possession of firearms while on probation could cost you the right to ever own them again. All for a traffic ticket .
Sheesh! I feel your frustration.:banghead:
 
cdcmj, I don't think punching a girlfriend out would be a misdemeanor. Sounds like felonious aggravated assault to me. Federal definition below.

Aggravated assault - Unlawful intentional inflicting of serious bodily injury with or without a deadly weapon, or unlawful intentional attempting or threatening of serious bodily injury or death with a deadly or dangerous weapon. The term is used in the same sense as in the Uniform Crime Report (UCR) Crime Index. It encompasses conduct included under the statutory names aggravated assault and battery, aggravated battery, assault with intent to kill, assault with intent to commit murder or manslaughter, atrocious assault, attempted murder, felonious assault, and assault with a deadly weapon.
 
BigBadJohn, plenty of people are on probation for multiple DUI convictions who didn't hurt anyone. Same for people with multiple arrests for driving on a suspended license, etc, too.
 
I don't know the laws in that area of the U.S. but in my state reckless driving is also a misdemeanor and carries a potential jail sentence. When the judge grants probation, it is with whatever conditions the judge sets, consistent with state law. There really is no 2nd Amendment issue because the person being sentenced doesn't have to agree to the conditions of probation, jail is always an option!

Bottom line, this is not something you want to screw with. Whatever pain or money this will cost you will seem cheap if you get jacked for a probation violation. Your PO may be a sympathetic type. The judge may not.
 
i think your first problem was letting your lawyer plead you out to probation instead of a fine... you would have been much better off paying a $500 fine... hell even $1000... im sure that your probation costs you a good bit of $$ each month... not only that... on a year probation, what happens in 11 months when they decide to violate you and sentence you to another 5 years for a VoP... and trust me, when you are on probation, they will look for ANY reason to violate you, thats how they make their money... hell, a driving charge like that, i might have even asked for 10 days in jail and be done with it...

IMO, your lawyer screwed you harder than the state/fed did
 
cdcmj,

Since you basically have until tomorrow morning to get the guns out of your possession, what about these ideas:

1) Do you have any friend nearby that you trust for at least a few days? Maybe you could transfer the guns to him, and then have more time to work out a better arrangement, like a family member coming in the next week to get them from the friend?

2) You should be able to ship them to an FFL in another state of a trusted family member.

3) Maybe a local gun shop would hold them a few days until you can work out arrangments with a trusted family member?
 
From what he said, I don't think he's allowed to transport the guns at ALL since he can't take them to MD. Even to take them to an FFL. Also, he already stated he had no immediate friends/family or anywhere trustworthy to store them locally. Had this been the case, this thread would have been a lot shorter. ;)
 
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