Legal Question in Criminal Law in Arkansas

Probation violations

I am on probation for a felony. Is it ok for my wife to have her deceased father's guns that were left to her in our house?


Asked on 12/30/02, 2:12 pm

1 Answer from Attorneys

Herb Southern The Southern Law Firm

Re: Probation violations

That is a very good question and one that is not asked enough. The most direct answer is that it is a very bad idea! IF she has them locked away and you have no access to them, then you have a defense to felon in Posession, a crime that can get you 6 years in addition to whatever you would get in the probation revocation.

What you alluded to but did not directly ask is that it does not matter if you are on probation or the probation has ended. Unless the Governor issues an order allowing you permission to have a gun, YOU MAY NEVER POSSESS A FIREARM AGAIN ... PERIOD!

Most folks that get arrested for FIP are ones that take an old gun to a pawn shop or simply have one in the house when the PO comes to visit.

My suggestion is that you have your wife dispose of the guns by herself. If you are tied in any way to show that you even COULD HAVE had possession of a gun, you are looking at 0-6 years & $10,000 fine for FIP! Yes, even if they are your wife's! And your probation will be revoked adding even more time.

Question for you ... Is it really worth it to try to bend the rules?

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Answered on 12/30/02, 3:46 pm


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