Posted: 4/6/2012 7:06:59 AM EDT
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A co-worker who has been carrying concealed for years is now questioning his ability to concealed carry when around his wife because, she was convicted of a DUI last year. Part of her probation terms, even though this is her first offense at 45ish years old, is to not be around firearms. He told me he stopped carrying recently when around her but was concerned about the ability to protect his family during this probation term. He is also afraid to have his wife raise the question to the probation officer in fear of an automatic violation.
What do you guys think? My first thought was, as long as his wife is not posessing or handling a firearm and all of the guns at their home stay locked up, then they are not in violation. I simply told him, "I dont know dude, would have been easier if she didnt drink and drive." |
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I think the probation term are a violation of her Constitutional Rights. Imagine if the Judge told her she could not vote. Anyway, I agree to do not bring this up to anyone. As long as she is not shooting or going to gun shows, she is fine. What he does is his business. What is he supposed to do sell his collection while she is on probation? This is stupid stuff I wish someone would file suit over it. |
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Quoted:
A co-worker who has been carrying concealed for years is now questioning his ability to concealed carry when around his wife because, she was convicted of a DUI last year. Part of her probation terms, even though this is her first offense at 45ish years old, is to not be around firearms. He told me he stopped carrying recently when around her but was concerned about the ability to protect his family during this probation term. He is also afraid to have his wife raise the question to the probation officer in fear of an automatic violation. What do you guys think? My first thought was, as long as his wife is not posessing or handling a firearm and all of the guns at their home stay locked up, then they are not in violation. I simply told him, "I dont know dude, would have been easier if she didnt drink and drive." I seriously doubt her probation terms state she cannot be "around" firearms. That is completely vague. |
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so the probation terms say cannot be "around firearms"  ????What if a police officer approaches her? Find out what her paperwork actually says. It probably states that she agrees not to possess or carry a firearm. edit: TXI beat me to it while I was writing. yeah this is bogus, I dont want to be too nosy and ask him for his wifes papers, but I will let him know about what we talked about on this thread because I think we are all on the same page with "posess or carry". If I was in his shoes, I would keep going about my business, as a law abiding citizen, the time you go without your concealed weapon is usually the time when you need it. Leave the wife at home if you have to! 
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Quoted: Probation, no matter weather felony or misdemeanor can state can not own/possess firearms while on probation. In the post-McDonald, anything that restricts ones Constitutional Right to a firearm must be re-visited and in line with McDonald. What if the woman owned a gun store? Was a Police Officer? was Military? CSI? Absent any other facts, this is BS and would not likely survive SCOTUS. Appeals courts are overturning this type of BS based on McDonald now. |
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A co-worker who has been carrying concealed for years is now questioning his ability to concealed carry when around his wife because, she was convicted of a DUI last year. Part of her probation terms, even though this is her first offense at 45ish years old, is to not be around firearms. He told me he stopped carrying recently when around her but was concerned about the ability to protect his family during this probation term. He is also afraid to have his wife raise the question to the probation officer in fear of an automatic violation. What do you guys think? My first thought was, as long as his wife is not posessing or handling a firearm and all of the guns at their home stay locked up, then they are not in violation. I simply told him, "I dont know dude, would have been easier if she didnt drink and drive." I seriously doubt her probation terms state she cannot be "around" firearms. That is completely vague. +1 this is too vague to be valid. However, Texas does not have DUI except for minors. Going to assume DWI is the offense. It would not surprize me if a term of the probation is " May not POSESS a firearm " for a certain period of time, though. I would not be concerned about it if I were you though. |
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A co-worker who has been carrying concealed for years is now questioning his ability to concealed carry when around his wife because, she was convicted of a DUI last year. Part of her probation terms, even though this is her first offense at 45ish years old, is to not be around firearms. He told me he stopped carrying recently when around her but was concerned about the ability to protect his family during this probation term. He is also afraid to have his wife raise the question to the probation officer in fear of an automatic violation. What do you guys think? My first thought was, as long as his wife is not posessing or handling a firearm and all of the guns at their home stay locked up, then they are not in violation. I simply told him, "I dont know dude, would have been easier if she didnt drink and drive." I seriously doubt her probation terms state she cannot be "around" firearms. That is completely vague. +1 this is too vague to be valid. However, Texas does not have DUI except for minors. Going to assume DWI is the offense. It would not surprize me if a term of the probation is " May not POSESS a firearm " for a certain period of time, though. I would not be concerned about it if I were you though. agreed. perfect example of how information gets altered through word of mouth, DUI and DWI is what I am referring to as an example. I had no idea of the specifics between the two. There is an absolute possibility her probaation terms were worded differently and the specifics were assumed. |
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A co-worker who has been carrying concealed for years is now questioning his ability to concealed carry when around his wife because, she was convicted of a DUI last year. Part of her probation terms, even though this is her first offense at 45ish years old, is to not be around firearms. He told me he stopped carrying recently when around her but was concerned about the ability to protect his family during this probation term. He is also afraid to have his wife raise the question to the probation officer in fear of an automatic violation. What do you guys think? My first thought was, as long as his wife is not posessing or handling a firearm and all of the guns at their home stay locked up, then they are not in violation. I simply told him, "I dont know dude, would have been easier if she didnt drink and drive." I seriously doubt her probation terms state she cannot be "around" firearms. That is completely vague. A person under 21 driving with any detectable amount of alcohol can get a DUI. +1 this is too vague to be valid. However, Texas does not have DUI except for minors. Going to assume DWI is the offense. It would not surprize me if a term of the probation is " May not POSESS a firearm " for a certain period of time, though. I would not be concerned about it if I were you though. agreed. perfect example of how information gets altered through word of mouth, DUI and DWI is what I am referring to as an example. I had no idea of the specifics between the two. There is an absolute possibility her probaation terms were worded differently and the specifics were assumed. |