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Thread: ARD and Firearms Possession

  1. #11
    Join Date
    May 2010
    Location
    York, Pennsylvania
    Posts
    147
    Quote Originally Posted by jeanfor View Post
    Somebody in my household is on the ARD program for a non violent misdemeanor case and in the paper the person signed it says that the person should not possess any weapons or have weapons on the property. Now I have a carry permit and do own several guns that are in safe boxes. I was told by the parole officer that I could not keep my guns even locked eventhough I have not committed any crime. How should I deal with this situation. Thanks

    "It's complicated". Have you contacted an attorney? When I had this same situation with a family member a couple years ago, I contacted an attorney. I also looked up the laws myself (to the best of my ability) although I am not a lawyer.

    What it came down to was that all my guns and ammo were locked in a safe with the exception of the one I had locked in a retention holster on my hip. Guns and ammo were never left laying around.

    This 'person' in your household, and it is your household, right? This person cannot have access to any guns or ammo while on probation/ARD. If the 'person' violates that rule they may forfeit their probation/ARD and are subject to sentencing. That is what they risk. Know your rights. It is not you that is on probation, and your property (guns) is not subject to seizure. Make sure that it is not you who would be violating any rules by making or carelessly allowing your 'person' to have access.

    I had to tell my family member that he had to accept my guns and work it out with his probation people because I was not changing anything. He sat down with them and told them straight out that my property was locked in a safe or on my 'person' and that was that. He said they did a lot of huffing and puffing, but nothing further came of it.

    Here is a key element to all this that both you and your 'person' need to understand. The court offered ARD as an alternative to sentencing. Part of that alternative was that a deal was agreed to by both parties. Chances are that 'no firearms" was an important part of that deal, and by staying at your place with your guns around, your 'person' is violating his part of the agreement, and is therefore subjecting himself to sentencing. This is his/her risk, not yours. You are not doing anything wrong, but your 'person' could do jail time for failing to keep his/her end of the bargain by choosing living arrangements that are free from guns.

    Choices:

    1. Work out an agreement and understanding with the prob/ARD people about the guns and ammo that you will be keeping in your house, OR
    2. Your "person" on ARD will have to move out and seek alternative living arrangements, OR
    3. You can choose to have all your guns and ammo removed from your property and safely stored off property, OR
    4. Your "person" can forfeit their ARD and choose the sentencing alternative.

    Make sense? We chose #1 above and made it work.
    While many claim to support the right, precious few support the practice.

  2.   
  3. #12
    Quote Originally Posted by Ed Hamberger View Post
    I hate to say this, but I sure don't want to see someone with a CCW permit, a handgun, and a DUI conviction. That's just me though. Here in NC that is one of the things the Sheriff checks... your criminal background check, and it better be clean.
    Lots of people make mistakes and end up with a dui from ditch diggers to judges to politicians but it doesn't mean they should be denied their right to own and carry a firearm unless they are habitual offenders, violent felons or have a mental issue that would prevent them from making a rational judgement
    "Those who would trade liberty for security, deserves neither liberty nor security."
    "The original point and click interface was a Smith & Wesson".

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