QUESTION

Can my brother on a formal probation for DUI live with our parents who own guns locked in a room he doesn't have access to?

Asked on Mar 20th, 2014 on Litigation - Florida
More details to this question:
My brother is on formal probation for a DUI. He currently lives with our parents and our dad owns guns. Can he still live with them if the guns are locked in a room that he doesn't have access to?
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5 ANSWERS

Michael J. Breczinski
Does the order of probation prohibit guns? That is the deciding issue.
Answered on Mar 24th, 2014 at 11:08 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If its just DUI, he should be fine.
Answered on Mar 21st, 2014 at 8:59 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes. He probably can unless it was felony DUI or its a term of probation.
Answered on Mar 21st, 2014 at 8:59 AM

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Criminal Law Attorney serving Boulder, CO
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Yes, unless specifically told that he cannot in court order. It is best to discuss the situation with the probation officer and get direction in writing as to how to proceed. Usually, probation conditions say no weapons possession. This means having near you or under your control or touching it. So long as guns are not in common room and he never touches one, he should be fine.
Answered on Mar 20th, 2014 at 12:42 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Depends on the Judge and the language of the Probation Order.
Answered on Mar 20th, 2014 at 12:05 PM

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