what's the law?

[IamLegend]

Not sure where this should go.

My daughter has a underage drinking charge and is on probation. She says her probation officer told her she is not allowed to use or have anything to do with a firearm (not sure of the wording that was used as my daughter was trying to explain what the lady told her). Because of this she is scarred to go to the range with me and won't start the process of getting her ccwp that we had planned for when she turned eighteen. I thought that only felons were restricted from firearms but i want to be sure on the law before I move forward.
Thanks for any info.

 

[jwh20]

Felony or not, she may be under a judge's order of one sort or another or there may be terms of her probation. If in doubt, consult an attorney as violations of probation may put her back in jail.

 

[Trigger Time]

Judges rule from the bench. Make their own laws sometimes. Good luck

 

[Kutnupe14]

That's a typical condition of probation. You'll have to look at her agreement, as it probably states as much.

 

[Kutnupe14]

Judges rule from the bench. Make their own laws sometimes. Good luck

That's not making law, it's an agreement. Probation is in lieu if sentence (ie incarceration), if a person doesn't want to agree, them the judge is more than willing to send them to jail.

 

[Glock19]

Probation can have a lot of different conditions. INCLUDING NO FIREARMS....or not computers, driving, etc....

 

[joe138]

No firearms is pretty much a standard term of probation regardless of the offense.

 

[Libertarian01]

To All,

What is a ccwp? I do not believe we have one of those critters here in Indiana???

Regards,

Doug

 

[GunnerDan]

To All,

What is a ccwp? I do not believe we have one of those critters here in Indiana???

Regards,

Doug

Maybe the OP is uninformed. So to educate the uninformed about proper etiquette on the board here goes. In the great state of Indiana, we have what is called a License To Carry a Handgun, or LTCH. Indiana law is silent on Concealed versus Openly carrying of a firearm only that we need to pay for our RIGHT to Bear arms by purchasing the LTCH. I hope this clears up any issues. About your inital question, my recommendation is to contact an attorney.

GunnerDan

 

[Kutnupe14]

Maybe the OP is uninformed. So to educate the uninformed about proper etiquette on the board here goes. In the great state of Indiana, we have what is called a License To Carry a Handgun, or LTCH. Indiana law is silent on Concealed versus Openly carrying of a firearm only that we need to pay for our RIGHT to Bear arms by purchasing the LTCH. I hope this clears up any issues. About your inital question, my recommendation is to contact an attorney.

GunnerDan

OP can certainly contact an atty, but he'd be wasting his money. I used to be a probation officer, and one condition that ALWAYS appeared was prohibiting a "client" from possessing a firearm. That has NEVER waivered. OP should just be happy that there's no prohibition about living in a home containing firearms, which is sometimes a condition too. I assume this is due to the offender being a juvenile.

 

[other dave]

Interesting. I got a P.I. back in '96. The judge "suspended" my LTCH for a year but nothing was ever said about no firearms in my home.

 

[Bunnykid68]

OP can certainly contact an atty, but he'd be wasting his money. I used to be a probation officer, and one condition that ALWAYS appeared was prohibiting a "client" from possessing a firearm. That has NEVER waivered. OP should just be happy that there's no prohibition about living in a home containing firearms, which is sometimes a condition too. I assume this is due to the offender being a juvenile.

Wish they would have told me about that 23 years ago when I was on probation for LLV, but then again I never had to see a probation officer for that infraction.

 

[GunnerDan]

OP can certainly contact an atty, but he'd be wasting his money. I used to be a probation officer, and one condition that ALWAYS appeared was prohibiting a "client" from possessing a firearm. That has NEVER waivered. OP should just be happy that there's no prohibition about living in a home containing firearms, which is sometimes a condition too. I assume this is due to the offender being a juvenile.

We are only talking about an underaged drinking collar. How many of us never drank before we were legally allowed to? Anyway carry on...

Gunner

 

[Kutnupe14]

We are only talking about an underaged drinking collar. How many of us never drank before we were legally allowed to? Anyway carry on...

Gunner

Im certainly guilty. I'm not passing judgement. I'm just telling it as it is practiced. Truth be told (and don't take this as me supporting disregarding a court's order), "how" in the heck would it be known if they did go to the range? PO's have way more things to occupy their time than that nonsense. I certainly wouldn't have violated anyone over shooting with their parents at a range. The fact that OPs daughter is, is testament to her being a "good nut," that simply got caught doing things we've all done.

 

[IamLegend]

LTCH/CCP - magazine/clip, I know the difference but don't get hung up much on the silly arguments. Thanks for all the feedback though

 

[Slawburger]

The Judge can make a lot of terms and conditions, if you want the deal, you accept the terms. I wouldn't give the PO any reason to suspect she broke the agreement by violating the terms. Most PO are reasonable and just want to make sure you are staying out of trouble but it isn't worth the risk of someone seeing her at the range and word getting back to the PO on a bad day. If the written terms state no firearms usage then I would just wait until the probation was over. Sometimes learning experiences are just no fun. She also might not be able to get an LTCH until enough time has passed that she is again considered by the State to be a proper person of "good character and reputation" and not an "alcohol abuser".

Note: Doing dumb things is just part of growing up. I am making no assumptions regarding the OP's daughter's character, just pointing out some possible legal hurdles. IANAL, IMHO, YMMV, etc.