Get a Attorney and ask him/her those questions.

 

When she gets out of jail and goes on probation they say I'm not allowed to have my guns here. ****,

Not sure who "they" are but like johnny v. said ask a lawyer those questions.

Unfortunately my son got a DUI a couple years ago and he lived with me at the time and we both own plenty of guns and I asked his attorney if that was not an issue and he said it wasn't but your daughters situation may be different.

 

Is a DUI a felony?

 

It is in Canada not sure about here in the USA.

 

A DUI is not a felony in her case. Nobody was hurt or anything like that..so I guess it's off to the lawyer then.

 

I think you may find you'll be alright.

 

You generally don’t go to jail for a DUI, without further information it’s hard to say.

 

DUI first offence you will not normally go to jail unless someone was hurt and probation will be ARD,loss of license, including classes. Subsequent DUI charges will land you in jail for 2nd and 3rd offence. It is in your best interest to contact a criminal lawyer and have a discussion just to protect yourself. We all love our kids but they have a hard time telling the complete truth so find out for sure don't just take her word for it.Take care of her but protect yourself.

 

I need help with this. My daughter got a DUI. I live with her. When she gets out of jail and goes on probation they say I'm not allowed to have my guns here. ****, maybe wouldn't even be even able to have my reloading stuff. Not even my crossbow. Anyone else have this issue. Any legal advice. Thanks..

The FFL 4473 e specifically askes;
"Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

Pa DUI penalties can be punishable by 1+ year in prison depending on number of offences, BAC, offenders age, ect. So yes it is possible to lose your rights to own/posses firearms with a DUI.

Personally I dont think things like reloading components, archery equipment, muzzleloaders would be restricted.

Obviously verify with a lawyer.

Good luck, Tony

 

The FFL 4473 e specifically askes;
"Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

Pa DUI penalties can be punishable by 1+ year in prison depending on number of offences, BAC, offenders age, ect. So yes it is possible to lose your rights to own/posses firearms with a DUI.

Personally I dont think things like reloading components, archery equipment, muzzleloaders would be restricted.

Obviously verify with a lawyer.

Good luck, Tony

If you read the fine print about Federal gun laws state misdemeanors need to carry a maximum sentence exceeding two years of incarceration to be a prohibiting conviction. In Pa that would be a First Degree Misdemeanor. Third, Second, and Ungraded Misdemeanors typically aren’t prohibiting unless it’s a conviction for domestic abuse.

 

You cannot have guns when on probation. A DUI will not prevent you from owning guns, but probation rules say no weapons.

 

This^^^ I'm a former probation officer and that was the rule where I worked. She would have to find other living arrangements, or risk possible violation of her probation. Most times people would give guns to a relative to hold until the probation was over.

 

Pa CS 6105, Enumerated Offenses, lists the laws, that if convicted, prevent you from owning firearms. DUI is not one of those offenses. Being on probation will have stipulations, one of which is usually not being able to possess weapons while on probation. You can still legally own them, just can’t possess them while on probation.

If she is a first time offender, without prior criminal convictions, she should be eligible for the ARD ( accelerated rehabilitative disposition) program, which would allow her to have the offense expunged upon completion of the program.

Once again, I highly doubt she is in jail, solely on a DUI charge.

 

Who would know you have guns in your house. Nobody is coming inside your house to check.

 

If she is on Probation, they will make random checks plus make her do a pee test. If they find firearms it breaks her probation and back to jail, she goes.

 

Perhaps the question should be why was she driving drunk?
Endangering innocent drivers on the road, the law only comes down hard if you hurt someone else.
Yes we all make mistakes, drunk driving is not a mistake, it is a choice. Not much different than shooting a rifle down the road. None of us would do that. Choices.
We all have cell phones for a ride.
Sorry, from someone who has been in situations where innocent people have died because someone made a stupid choice.

 

Johnyjr

Just to verify, a individual ABSOLUTLY can lose their right to own/posses firearms with a DUI.

"Moreover, under Federal Law the bar to possessing a firearm because of DUIs is much lower. 18 U.S.C. 922(g)(1) states that is unlawful for a person to possess a firearm if the person has been convicted, pleaded guilty, or pleaded nolo contendre or no contest to a crime “punishable by imprisonment for a term exceeding one year.”"

Can a DUI Affect My Right to Own a Gun? | The Town Law LLC

In the Commonwealth of Pennsylvania, many people are arrested for a DUI for their 1st , 2nd, or subsequent offense ....

www.thetownlaw.com

Good luck, Tony

 

First thing to do is hire an attorney.

If she is in prison/jail and is going to be on supervised release she will be on parole not probation. Most if not all state parole requires the inmate to have a firearms free home plan irregardless of the controlling offense. Again hire a lawyer, but you cannot get in trouble for having firearms your not the inmate but she absolutely can find herself back in prison because she is an inmate on state supervised release.

 

I know someone whos father had to remove all his guns out of the house because oh his son's DUI. He did eventually bring them all back.

 

Have a close friend whos son got in a DUI tiff, second offense and they could not have any Alcohol on premise for like 90 pays.

 

Yep, got rid of a problem neighbor with that law. No alcohol allowed on the property, and they were partying nonstop and causing problems in the neighborhood.

 

Been a PO for almost 12 years. I will try to clear some stuff up….you yourself are not on probation so you do not have to get rid of your guns. However, the probation office can tell your daughter that she will not be able to live in your house if there are weapons there. She will be forced to find somewhere else to live if you are not WILLING to comply with probations rules. Your choice. As others have said you don’t have to sell or get rid of them, they can be given to someone you obviously trust until the probation period is over.

if she lives there, probation officers can show up to your house at ANY time they please to check compliance with all conditions of probation. If there are weapons in the house, she could be detained for violations and put back in jail.

you can absolutely do some jail time for a first offense DUI in PA depending on BAC and other circumstances. DUI can also be a felony in PA but not first offenses. PA DUI laws can be extremely confusing.

For a LTCF in PA you are ineligible if convicted of ANY offense of an M2 or greater or any drug or paraphernalia offense. Could be as simple as retail theft…doesn’t matter. I won’t get into federal firearms restrictions because that is a different ballgame and I’m not giving legal advice.

 

Just more of "shall not infringe" being violated. It's time this stop !

DUI? whats next? running a stop sign, jaywalking, saying something against the Gobberment ?

 

Ever had a close family member that was an alcoholic? After you've been there and experienced how they can be, and what they might be capable of, you'll think differently about what access to motor vehicles, firearms, and edged weapons, they should have.

 

I think there is more to this story. You do not go to jail for a first time DUI. If there is something else there then that is a different story such as drugs involved, second DUI, serious injury or death. As a matter of fact you can be released first time to a responsible party and do not have to see a judge at that point. I dont think you have to remove guns on a first time DUI. However If you have a felony its a real different ballgame.

 

what ruttin N guttin said is correct. you will also not be able to have alcohol in the house. you can claim its yours all you want but no alcohol in the house.

now here comes another legal mess, regarding no guns in the house. lets say you have a friend store them for you and the friend uses one and someone gets hurt...who is at fault...Hmmm

just more to think about.....get a lawyer, this web site and advice is no defense.

 

Aside from probation issues with possessing firearms, there is also a problem trying to buy a firearm and going thru the PICS check. Now and then it shows up in police reports, where someone with a second DUI, is arrested for failure to fill out the 4473 truthfully and getting jammed up.

Last year a woman in our area got nailed for that and her DUI had been decades old. Never occurred to her that the DUI would be considered a violation under Federal law. But as someone pointed out earlier, it's the potential sentence, not the actual sentence, that invokes the Federal disqualification to buy a gun.

This is something that generally requires seeking the advice of an attorney, to make sure there are no complications..

 

Just last night getting ready to go to bed and seen lights flashing, I grabbed my pistol and put it in my pocket. Open the garage door and local police
had a car pulled over, 1 policeman was standing behind vehicle and appeared to call for backup. within seconds 3 more cars pulled up.
The young man was told to get out of the car, I watched as they performed field sobriety check. He didn't do to bad but then the breathalyzer test was done
and I guess that sealed the deal. He was then handcuffed and put in the back of the car. I thanked the Police for their service.
I live in a nice community and the Police are very strict with the speed limit in our development. Won't be a very Merry Xmas for that young man.
This was a little after midnight.

 

Jake, sounds like your brother caused his issue not the police or the government. If that’s my brother in law, he isn’t invited to my house, just saying. Place blame where it belongs.

 

And thats fine, but it should be a choice that WE make, not some social worker or parole officer. He's a liberal and doesn't even like guns.

 

Ah, the judgement. WWJD?

 

I have 4 daughters and love them all to death, but if any one of them behaved this irresponsibly, they'd not be living in my house. This is easy for me to say, since I don't know the whole situation with your daughter. How old is she? What are the circumstances that keep her living with you? In any event, I would not be an enabler. At some point she needs to be accountable for her own life and her own actions.

 

Couldn't agree more but when your actually in that position is a whole different situation because once you force them out of the home
you'll lay in bed Every night still worrying if the kid is ok. So to all parents Pray ya never have to go there.

 

It's not a switch ya can just turn off.