GUN My brother and his Probation officer question

Discussion in 'On Topic' started by Mace Windu, Sep 25, 2008.

  1. Mace Windu

    Mace Windu OT's Resident Pile of Awesome

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    My brother is on probation for drugs. Blah blah blah.

    Well I have my daughter today so I went to my place that I keep my gun so I can take the magazine out, put the lock on it and put the gun in my closet. Well, my gun is gone. The case is also. I ask my brother and his probation officer took my gun and said I was allowed to come and pick it up.

    :wtf:

    Can someone explain this to me? My brother is a felon also, so he can't own a gun. My gun stays in my room until I'm allowed to carry or I'm going shooting.
     
  2. hsmith

    hsmith OT Supporter

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    Report your firearm as stolen by the prohibition officer. File a complaint.
     
  3. 1979TA

    1979TA OT Supporter

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  4. hsmith

    hsmith OT Supporter

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    You have unauthorized search and unauthorized seizure of your own property. Your bother is a felon, not you. He can't touch the firearm - it doesn't prohibit you from owning.

    Read up on your local laws though, but I am sure if it were illegal for you to have it in the same house he and you would be in the slammer.
     
  5. [DWI]

    [DWI] Master of Nothing

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    Though to be honest the least you can do is place a deadbolt lock on the door if you are not going to get a safe. Then your brother doesn't have "easy access"

    Like hsmith said, read up on your local laws, the officer may be allowed to inspect the house and even if it was legal for him to take the firearm, I doubt he is allowed to do so with directly informing you of his action, not to tell you through a 3rd party.

    I'd file a complaint if I were you, stating both that it was taken and that it was taken without notification of a reason being provided to you. Also include that you feel that it was an unlawful search of your possessions.
     
  6. dpixel8

    dpixel8 New Member

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    dot
     
  7. dpixel8

    dpixel8 New Member

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    yeah fuck that shit. if the guy just took it, call the cops. that's fucking hilarious :rofl:
     
  8. Emfuser

    Emfuser Nuclear Moderator Super Moderator

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  9. skeletor25rs

    skeletor25rs Yetis & Deer

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    Wirelessly posted via wap.offtopic.com (SAMSUNG-SGH-I607/I607FG1 Mozilla/4.0 (compatible; MSIE 4.01; Windows CE; Smartphone; 320x240))

    Go to the probation officer's house and steal his lawn gnomes. That'll learn him.
     
  10. smartypants

    smartypants New Member

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    Wat is a prohibition officer?
     
  11. hsmith

    hsmith OT Supporter

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    a pig, just like you
     
  12. sprite

    sprite Active Member

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    They're around here all the time... guys in zoot suits rambling about moonshine and dames.
     
  13. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Do the two of you live in the same house/apartment?
     
  14. Carl Brutananadilewski

    Carl Brutananadilewski Active Member

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    :rofl:
     
  15. Fire Sauce

    Fire Sauce New Member

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  16. smartypants

    smartypants New Member

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    Why the mohashka?
     
  17. Fire Sauce

    Fire Sauce New Member

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    :rofl: One of OT's LEOs should go a whole day talking like that to people and then make a thread about it.
     
  18. yar1182

    yar1182 New Member

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    Laws maybe different in your state. Here in California iirc a felon on probation cannot live in a residence where there are firearms. Even if those firearms are owned by another resident in that house. The Felon on probation has to live somewhere else.

    Now if a probation officer makes a check of the residence, makes a visit to the felon on probation and a gun is discovered the gun would probably be taken and the felon on probation is violated and sent back to prison.

    Who knows what may of happened. The brother may of talked his way out of being immediately violated and arrested pending you show up and claim the gun. He will then probably have to find another place to live.
     
  19. Initial E

    Initial E New Member

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    If the PO did make a house stop, he's only entitled to a visual inspection. Fucking report that gun stolen if he took it out of your closet or night stand.
     
  20. vwpilot

    vwpilot New Member

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    I believe that when you agree to house someone on probation, then you agree to allow your entire place of residence to be searched at any time without notice. If your parents, or whoever, consented to the housing of your brother, you may not have any right to keep your personal privacy.

    I also believe they are allowed to remove any firearms from the place of residence if they find them.

    I'd simply contact the PO and find out what the deal is and what you need to do to recover and keep your weapon.

    Unless they've lost it, there is no reason to get all up in arms about it and go nuts. Just find out the deal and be reasonable about it.
     
  21. GlobeGuy

    GlobeGuy New Member

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    They make sure you have no alcohol in your home, making sure that you are following prohibition, hence the name.
     
  22. 01_Cruiser

    01_Cruiser An American Classic OT Supporter

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    :werd: Here in NC, if there's a felon living in the household, there cant be guns in that household PERIOD. I know that PO's have the authority to search the house at any time for drugs or weapons, and I'm almost positive that they can search any typical hiding spots for said items as well, even if it means looking in drawers, closets, or cubbards. Plus, ask your brother how the PO found it. If he's dumb enough to get caught with, and then charged with drug possession, he was probably dumb enough to answer "yes" to the PO's question as to "Do you have any access to firearms in this household" And chances are, he probably showed him where it was.

    Now, as far as him taking it....that seems a little extreme. In NC they give you either 30 or 60 days to get rid of any weapons that are in your house from the time the felon, whoever it is, moves back in/resumes living in the house. Or you can just get rid of the felon :o After that time period is up, if they find any weapons in the household they can legally take them, although they should leave some paperwork behind describing what they took.
     
  23. phrozenlikwid

    phrozenlikwid New Member

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    IByourBrotherStoleItAndSoldItForDrugs
     
  24. lt1_kid

    lt1_kid OT Supporter

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    I was just thinking that. After all I always take the word of a felon as Gospel. :hs:
     

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