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mrrsquared79
02-01-2011, 10:34 AM
Calgunners-

I have been appointed best man of a wedding. One of the groomsmen is on probation for an alcohol related charge(pc148). As a result he sold all his firearms as he can't be in possession while on probation.

The groom stated he would like to go camping and shooting for bachelor party! :43:

Does this mean the groomsman who is on probation CANNOT shoot/hold a firearm at all?????

I am asking because the groom wants to change his mind and not go camping/shooting since he believes the groomsman who is on probation cannot even shoot a firearm. Groom desires to do something where all groomsmen can participate.

TIA

BigDogatPlay
02-01-2011, 10:41 AM
It depends entirely on what the exact terms of the probation order are. If the order has language to the effect of "shall not possess any firearms or ammunition" then that person picking up or having within his control a firearm would be a violation of his probation and he'd be arrestable if a LEO or his PO tumbled to it.

The guy on probation should have a copy of the paperwork with his exact terms. If he says he can't be around firearms, I'd take him at his word.

Cpl_Peters
02-01-2011, 11:57 AM
despite what this guy may have told you, pc 148 is not an alcohol charge. Its an obstruction charge. Just because he was drunk when he did it doesnt make it anything less. If he is on probation for the offense he should not be any where near firearms except for incidental contact (ie: like he is getting arrested again and its on the officer's duty belt)

tyrist
02-01-2011, 8:13 PM
He needs to abide by the terms of his sentence to the letter or risk further and increasing punishment.

CaptMike
02-01-2011, 8:39 PM
As has been stated, his conditions of probation will dictate his ability to possess any weapons or ammunition. in general, here are some guidelines of most typical conditions of probation:

According to the American Probation and Parole Association, supervised probation terms generally consist of the following: obey all federal, state and local laws; do not contact any other felons; pay all court fees, including applicable fines and restitution; do not possess any type of weapon, including a knife; submit to search and seizure of property or vehicle at any time; report to probation officer as directed; permit home and employment visits as needed; report any change of address to your probation officer within 72 hours; do not leave the state without written permission from your probation officer; seek and maintain employment and report any change of employment status to your probation officer within 72 hours; do not use, sell or possess alcohol or illegal drugs; use any other prescription drugs only with a valid prescription; submit to urinalysis testing as ordered; attend counseling as directed; complete community service hours as ordered; have no contact with the victim in the case without court permission; and notify your probation officer of any police contact within 72 hours. Special terms and conditions of probation may also apply. These may include the following: abide by sex offender, domestic violence, mental health, intensive probation, gang, white collar, or drug offender terms; attend specialized counseling as directed; abide by curfew; and submit all financial information to your probation officer

Read more: Probation Rules in California | eHow.com http://www.ehow.com/list_6460035_probation-rules-california.html#ixzz1ClxaskIk


In my department we have a standardized form that is pretty close to what is above. each line has checkboxes that state if you have to abide by that specific condition. In most cases where some type of aggressive act occurred, the checkbox for no weapons will be checked and the Probationer must abide. that means that if they own weapons they need to give them to someone(Dad, Mom, adult kids) or they need to sell and or turn them in. PC 148, Resisting arrest or obstruction is usually classified as an aggressive crime, therefore they will have the no weapons check box checked. Your buddy probably should stay away from firearms so that his probation is not revoked. take care

jtmkinsd
02-01-2011, 9:15 PM
If he was required to dispose of the firearms he already had in his possession, he would be in violation of his probation if he simply held a firearm. Plain and simple. The law looks upon ownership and possession as one in the same.

motorhead
02-02-2011, 9:31 AM
not a lawyer, i'm sure one will be along shortly. the problem, as i understand it, is in the concept of "posession or CONTROL".

Dr. Peter Venkman
02-02-2011, 9:34 AM
despite what this guy may have told you, pc 148 is not an alcohol charge. Its an obstruction charge. Just because he was drunk when he did it doesnt make it anything less. If he is on probation for the offense he should not be any where near firearms except for incidental contact (ie: like he is getting arrested again and its on the officer's duty belt)

Yeah. PC 148 has nothing to do with alcohol. mrrsquared79, that groomsman is either bull****ting you or did something stupid as result of alcohol. When you said 'alcohol related' I was thinking 647(f), but 148? No way.

mossy
02-02-2011, 11:26 AM
Penal Code Section 148 is Resisting Delaying or Obstructing Officer, it is not alcohol related.