Question

[Thejokerguy]

If somebody is on informal probation, and the terms of probation do not make any mention of firearms, or weapons at all, is it a violation of probation to own a firearm, or shoot a firearm, or be in possession of a knife?

[RollingCode3]

Contact your probation officer and ask that question.

[Thejokerguy]

Its informal probation, no PO involved.

[CaptMike]

read your onditions of probation with a fine toothed comb. If nothing is metioned or inferred, you should be OK. You have to be real careful though, because sometimes the judge will add a condition prohbiting being near weapons. That can be interpreted broadly. Also your conditiions probably state that you will obey all laws. F you make even a small technical mistake, your probation can be revoked. Lets say that the knife your carrying is a half inch longer than allowed by some city ordinance, probation revoked. Informal probation is 6 months and I would recommend that you just take a 6 month break from anything that could get you revoked. Informal probation is giving you a chance to prove that you made a mistake and are willing to change. If you are looking for that fine line while on probation, then that tends to tell judges that you are not willing change in a positive way. Good luck.

[deadcoyote]

If you'd like you can PM me the misdemeanor charge and I can at least tell you if that misdemeanor excludes you from firearms ownership for 10 years or not. I assume it was a misd as you were granted informal. If it was a felony you are excluded no matter what, but I can walk you through which expungment to apply for which will restore your firearms rights.

[zeprider25]

Check your terms. I bought a shotgun during my informal.

Btw. My informal was 36 months idk why ltmike says its 6 months.

[BigDogatPlay]

Btw. My informal was 36 months idk why ltmike says its 6 months.

Possibly because that is the standard in the county where ltmike works.... such as anything more than 6 months requires formal, supervised probation. It can vary from county to county and I'd guess that is the standard in his county.

For the OP, as above, check your conditions closely. If all else fails, ask your attorney to confirm terms with the probation department. If it's still a concern you can request a firearms eligibility check from CADoJ.

[Thejokerguy]

Its 2 years probation, yes it was a misdemeanor, and was a misdemeanor from the beginning, it wasn't a felony that was reduced. I read through all the conditions very carefully and it makes absolutely no mention of weapons in any way shape or form, and it was a non-violent crime so I know the being unable to touch a firearm for 8 years (Orange County has a rule that if you commit a violent crime, touching a gun is a felony until the 8 years are up) doesn't apply.

[deadcoyote]

I don't know about the Orange County specific laws but if you google PC 12021(c) you can get the complete list of misdemeanors that exclude you from firearms possession for 10 years in California. By statute your probation officer is actually the District Attorney of your jurisdiction (or their designee) when you're sentenced to informal probation. If you had a PD assigned as representation you should contact them. And of course, always try to get these contacts in writing, i.e. e-mail, so you have some CYA for later just in case.

[tom2]

informal probation.. there is a court probation officer you can go to (informal probation) not a county probation officer (formal)...

Its informal probation, no PO involved.