# Losing Gun Rights while on probation



## CollinsCraft77 (Oct 5, 2010)

Posted awhile back a similar thread but my buddies situation has updated and I have a question for you guys on here.

He plead guilty to two misdemeanors and received two years probation. These are non violent, non drug offenses. In fact to be honest, he was running a business and used Peter's money to pay Paul and it snowballed on him. But he's paying his dues so what ever.

He receives his probation and it comes with a no alchohol use of course. No drug use of course. No firearms or weapons. He said his probation officer did say he could bowhunt.

When I asked a few months ago about this, my question was could a felon hunt with a muzzleloader? Now I'm wanting to know is it common to lose your gun rights for a nonviolent misdemeanor? I've never been on probation so I'm not sure how it works. But if this is the case, can he get that changed after accepting the offer? He was not aware of this stipulation till he was in court. His attorney brokered the deal and didn't pay attention to this part as he is not a hunter and I guess it wasn't a concern. He was told to accept it or go to trial. so he did. Fine.

My question is can they take your gun rights. I have looked on gun rights websites, etc and his crime does not fit any profile for lose of them. Is this common in Georgia?

Somebody enlighten me and please, no comments about my friend. He got caught. He is paying his debt to the individuals and society. I just want to know more about this probation thing.


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## Blast (Oct 5, 2010)

The prosecutor can offer whatever conditions they want in a plea deal.  It is up to the defendant and Judge to accept these conditions.  It does not matter if they are the same conditions a Judge would make if found guilty in a trial.  The bottom line is the prosecutor offered a deal and he agreed to it and the Judge agreed to accept the plea.  Guilty plea remorse is very common when reality sets in.


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## earl (Oct 5, 2010)

I don't think you rights change unless you commit a felony . A letter to the judge should clear up any question/


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## CollinsCraft77 (Oct 5, 2010)

Perhaps you did not read closely blast, the information being sought is for me. No guilty plea remorse for him. 

I was under impression this happened for felonies, highly aggravated misdemeanors, etc. I am trying to learn more about the gun laws here in georgia


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## Twenty five ought six (Oct 5, 2010)

CollinsCraft77 said:


> Posted awhile back a similar thread but my buddies situation has updated and I have a question for you guys on here.
> 
> He plead guilty to two misdemeanors and received two years probation. These are non violent, non drug offenses. In fact to be honest, he was running a business and used Peter's money to pay Paul and it snowballed on him. But he's paying his dues so what ever.
> 
> ...





Blast said:


> The prosecutor can offer whatever conditions they want in a plea deal.  It is up to the defendant and Judge to accept these conditions.  It does not matter if they are the same conditions a Judge would make if found guilty in a trial.  The bottom line is the prosecutor offered a deal and he agreed to it and the Judge agreed to accept the plea.  Guilty plea remorse is very common when reality sets in.



Blast gave you the answer.  There's a reason it's called a "deal."

He gave up his right to drink alcohol.

He probably gave up his Fourth Amendment rights.

He gave up other rights as part of the "deal" in order to avoid a trial.



> My question is can they take your gun rights.



No, they can't take your gun rights.  But you, (the defendant) can agree to surrender them in order to avoid a trial and possibly harsher punishment, which is what your buddy did.  No one "took" anything from him -- he willingly gave them up.


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## gtparts (Oct 5, 2010)

CollinsCraft77 said:


> Perhaps you did not read closely blast, the information being sought is for me. No guilty plea remorse for him.
> 
> I was under impression this happened for felonies, highly aggravated misdemeanors, etc. I am trying to learn more about the gun laws here in georgia



I don't know if such stipulations are common in misdemeanor cases or not, however, to personalize it for you, if you are ever party to a plea bargain, know that your rights may be suspended by agreeing to the bargain. My advice is to avoid legal entanglement, but , if you can't, read and understand everything before signing off on it.


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## sniper22 (Oct 5, 2010)

It varies by County! In most counties you can not possess offensive weapons while on probation. If it's misdemeanor probation your rights are automatically restored when the sentence is up. Best to ask the PO, not worth having the probation revoked and serving the time in jail. This information came from a Local PO.


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## CollinsCraft77 (Oct 5, 2010)

I get what everyone is saying. I was wondering if this was common place.

No he did not give up his fourth amendment rights. I asked. The only special  considerations other than general probation were no booze, no drugs, and no weapons.

Now, is it possible for him to ask court to "redo" his probatiom guidelines? The thing is his lawyer called him and said  here is the deal. Even the lawyer was surprised by this at the plea date. But his dumb butt got a civil lawyer who was a friend and saved some money instead of getting a crimimal attorney. 

But can he petition court to drop gun ban or at least maybe allow them for hunting purposes only? He has never had a violent record or anything. Just wondering.


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## Blast (Oct 5, 2010)

CollinsCraft77 said:


> Perhaps you did not read closely blast, the information being sought is for me. No guilty plea remorse for him.
> 
> I was under impression this happened for felonies, highly aggravated misdemeanors, etc. I am trying to learn more about the gun laws here in georgia



"Gun laws" have nothing to do with the offer of plea deal conditions just as "alcohol laws" have nothing to do with not allowing someone to drink while on probation.  They are simply conditions that the prosecutor sets.  I simply said that remorse is common with those who take deals when reality sets in.  If your friend is cool with it why are you trying to figure out if he can get his conditions changed?


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## jason4445 (Oct 5, 2010)

It is probation - the judge sets the terms of the probation either individually and/or for all cases receiving probation in his courtroom.  Once you accept the terms of the plea (probation) you must follow it - if you don't like the terms plead not guilty and go to trial.


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## swamp hunter (Oct 5, 2010)

Have a Face to Face with the Probation Officer. That,s the Person who will make the Rules , Or change the Rules. No, Their not God, But, Their the ones who He will be Dealing with Week to Week. The Judge is Done, Your friend is out the Door. He,s on to the next Trail. He just don,t want to see your friend again. that,s all He cares about.


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## Darien1 (Oct 6, 2010)

I was a State Probation Officer for 23 years before I retired on disability.  I know probation rules and regulations inside and out so you can take this to the bank.  As of now his gun rights are suspended for the duration of the term of probation.  He has 3 options.  1.  Get his lawyer to petition the Court to change this condition.  The Judge can say yea or nea.  2.  Cheap version, cooperate with the Probation Officer and ask the officer to petition the Court on his behalf to waive the condition.  I used to do this often for probationers who were trying but found legitimate difficulties in meeting the demands of the sentence.  The Judge will listen to the officer quicker than an atty.  3.  Pay all fines and fees early, complete community service as directed and early if possible, complete any special conditions (counseling, restitution etc.) as directed and report as directed.  Ask the officer to petition the Court for early termination.  Happens every day for those who cooperated.  The Judge can impose just about anything he wants to in a plea.  The key is to get this stuff done , AS DIRECTED, COOPERATE with the Officer and have a good attitude.


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## Throwback (Oct 6, 2010)

He is on probation. He is a part of the correctional system the same as inmates in prisons. This is a form of imprisonment, you just live your own life outside the walls and report to the probation offier as directed. If he breaks his agreement he will be arrested and put in the system physically. They can basically do what they want (within reason) because you are doing this INSTEAD of actually going to jail. 

They can also come search him basically when they want to, require him to submit to drug tests, etc. It was part of his probation agreement. 

Be glad he can bowhunt, I've known some that won't allow it because they considered it a dangerous weapon. 

T


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## DBM78 (Oct 7, 2010)

Darien1 said:


> I was a State Probation Officer for 23 years before I retired on disability.  I know probation rules and regulations inside and out so you can take this to the bank.  As of now his gun rights are suspended for the duration of the term of probation.  He has 3 options.  1.  Get his lawyer to petition the Court to change this condition.  The Judge can say yea or nea.  2.  Cheap version, cooperate with the Probation Officer and ask the officer to petition the Court on his behalf to waive the condition.  I used to do this often for probationers who were trying but found legitimate difficulties in meeting the demands of the sentence.  The Judge will listen to the officer quicker than an atty.  3.  Pay all fines and fees early, complete community service as directed and early if possible, complete any special conditions (counseling, restitution etc.) as directed and report as directed.  Ask the officer to petition the Court for early termination.  Happens every day for those who cooperated.  The Judge can impose just about anything he wants to in a plea.  The key is to get this stuff done , AS DIRECTED, COOPERATE with the Officer and have a good attitude.



Also for you guys information some friends of mine are police officers and they told me even convicted felons can get some of their gun priviledges back after probation. As long as it wasn't a violent crime they follow the same procedure by petition the court. I did not know this and was floored when he told me.


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## kfranz (Oct 19, 2010)

I'm on probation for discharge of a firearm under the influence of alcohol and I didn't lose my rights.  They even gave me my shotgun back after court.


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## Big7 (Oct 26, 2010)

If he's on probation or parole.. he can't carry.. even a long arm for hunting... PERIOD!


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## chiefsquirrel83 (Oct 28, 2010)

hey Felony PO here with Corrections. If they are misdemeanors he does not belong to the Correctional system. Seems like he received 2 misd. charges that are consecutive to one another then  he more than likely is reporting to a company that supervises misd. cases. Of course he cannot drink or use any other illegal substances but firearms are an iffy topic. If he is not a convicted felon, not serving a First Offender Sentence, or does not have a Violent Misd. then he should be allowed by law to still use a firearm or any weapon to hunt. I have heard alot of these private probation companies who only supervise misd. cases tell their defendants that they can't even possess a pocket knife or bow which doesn't make since since they have no felony record. BUT A JUDGE CAN IMPOSE A SPECIAL CONDITION OF MISDEMEANOR PROBATION...MAY NOT POSSESS ANY WEAPONS INCLUDING FIREARMS. I have several felony probationers who bow hunt and compete with ASA. BUT if your friend received 2 years probation and not 24 months or 2 12 month consecutive misd. sentences then he would be under State Law a convicted felon or under the FOA Felony Status which would mean no firearm. And while under any felony supervsion or if convicted you may not possess any weapon that projects a projectile through combustable or electronic ignition.  hope that helps a little.


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