Living with guns on probation

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sanbar7

sanbar7

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I'm on probation under a continuation without finding from Massachusetts but live in NH (probation was transferred to NH). I have no conviction but am charged with two misdemeanors and a felony for possession, intent to distribute, and knowing being present where heroin is kept. I do not own guns but my fiance does. Why can't he keep them in our house even if they are in a locked gun cabinet?

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Gotta be honest, but I think your fiancée is absolutely nuts if he keeps guns in the same house as someone who has obviously associated with heroin users/distributors in the past...
 
knfmn said:
Gotta be honest, but I think your fiancée is absolutely nuts if he keeps guns in the same house as someone who has obviously associated with heroin users/distributors in the past...
Click to expand...

Yeah seriously.
 
knfmn said:
Gotta be honest, but I think your fiancée is absolutely nuts if he keeps guns in the same house as someone who has obviously associated with heroin users/distributors in the past...
Click to expand...

A friends girl friend got a busted drunk driving . I tell him all the time he's living with a felon and needs to be careful.


In fairness we don't know the whole story . I had friend that's wicked anti drugs guy busted on charges like the op cause he moved back with his parents who where junkies . Shit happens .
 
sanbar7 said:
I'm on probation under a continuation without finding from Massachusetts but live in NH (probation was transferred to NH). I have no conviction but am charged with two misdemeanors and a felony for possession, intent to distribute, and knowing being present where heroin is kept. I do not own guns but my fiance does. Why can't he keep them in our house even if they are in a locked gun cabinet?

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Click to expand...

Guns and heroin addicts/dealers. Gee. What could go wrong? I think your fiancé is probably going to have to choose between you, or keeping his guns. Why? Because heroin ALWAYS wins.
 
Glasgow Grin said:
Guns and heroin addicts/dealers. Gee. What could go wrong? I think your fiancé is probably going to have to choose between you, or keeping his guns. Why? Because heroin ALWAYS wins.
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This. I'm glad I moved out of my dads house back in July because he just had his house burglarized a couple weeks ago by a heroin dealer from Lynn or Peabody that his girlfriend's daughter (who currently STILL lives with my dad and his gf) was seeing. Smashed through the bedroom window in the room I was living/sleeping in until July. Grabbed my dad's laptop and his gf's jewelry but they found outside in the backyard when he bailed as the cops were coming. Had gloucester police and state police detectives at the house from 6-midnight checking for fingerprints, absolutely insane. Still looking for the prick. Needless to say my dad is waiting on his LTC and has installed cameras.
 
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Hi, I have a firearms related question and I heard this was the go-to firearms question forum, so here's my question, please judge me and comment on my poor life choices without answering my question, because that's exactly what I need to turn my life around. Thank you!
 
hillman said:
Hi, I have a firearms related question and I heard this was the go-to firearms question forum, so here's my question, please judge me and comment on my poor life choices without answering my question, because that's exactly what I need to turn my life around. Thank you!
Click to expand...

Thank you for that. Nobody knows my situation. My charges happened from me being in a three year abusive relationship. The day I was arrested my ex threatened my life if I didn't go with him. I'm not a heroin user, I was guilty by association!

I'd prefer people with intelligent things to say pertaining to my boyfriends 2nd amendment rights only reply. Nobody cares for Drama, go to Facebook with that crap.

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When you post a question here, especially as a new person to the forum, expect to get 2 great answers, 16 answers that are only slightly on topic, and 9 pages of life-choice comments, mostly derogatory. BUT, expect those 2 great answers to be really great. Sorry, you have to wade through the poop to get to the pudding.
 
knfmn said:
Gotta be honest, but I think your fiancée is absolutely nuts if he keeps guns in the same house as someone who has obviously associated with heroin users/distributors in the past...
Click to expand...

andrew1220 said:
Yeah seriously.
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ETA: Adding this one to the wall of shame...
Glasgow Grin said:
Guns and heroin addicts/dealers. Gee. What could go wrong? I think your fiancé is probably going to have to choose between you, or keeping his guns. Why? Because heroin ALWAYS wins.
Click to expand...

I am so glad to see everyone open minded, especially about people's interaction with MA law enforcement... [rolleyes] It's not like they always get it right, or even mostly get it right...

Anyhow, to the OP, this has not been litigated so there is no real strong answer to tell you. But while you are under pretrial probation, you are under indictment and therefore you can't have possession (I suspect you know that but can't hurt to say it). If he locks them up so you can't get them, that *may* be OK, but one can't know for sure just yet. Lets put it this way, if he doesn't lock them up, there is case law in support of him being charged.
 
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As already noted, consult a known good [NH] firearms attorney for guidance. Sounds like you were in a really shitty situation, but you're already taking steps to improve things.

I think the real issue would be IF you're actually convicted of any of those charges. I'm not a firearms attorney, so I can't say what you should do. I do suspect that if your fiance has the firearms in a locked cabinet/safe, which you cannot open/access, he should be safe. Key word is 'should' there.
 
Golddiggie said:
As already noted, consult a known good [NH] firearms attorney for guidance. Sounds like you were in a really shitty situation, but you're already taking steps to improve things.

I think the real issue would be IF you're actually convicted of any of those charges. I'm not a firearms attorney, so I can't say what you should do. I do suspect that if your fiance has the firearms in a locked cabinet/safe, which you cannot open/access, he should be safe. Key word is 'should' there.
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I'll agree with him probably being ok as long as the guns are locked up. OP should check her probation papers about 5,000 times to make sure that there isn't a stipulation in there about not being around any sort of weapons. That's the kind of thing that can get someone in a real jam.
 
hillman said:
Hi, I have a firearms related question and I heard this was the go-to firearms question forum, so here's my question, please judge me and comment on my poor life choices without answering my question, because that's exactly what I need to turn my life around. Thank you!
Click to expand...

+1
 
Not terribly surprising to see people who want a 'presumption of innocence' to apply to them, refuse to apply it to others. A CWOF is NOT a guilty finding/verdict/plea. And MA doesn't have such a great and fair system that all people who took a CWOF did so because they were guilty, making the CWOF a deal. It is entirely reasonable that people take a CWOF because they don't want to risk a guilty verdict in a corrupt system.

But I digress.

As has been said multiple times, your best option for legal advice is to contact a legal professional, an attorney. We all have our opinions on what we think should happen, but none of that is worth anything in regards to the legality of things in your situation.

Good luck with your situation and I hope this BS doesn't result in your boyfriend unfairly losing what should be a basic freedom.
 
If utmost importance is making sure no allegation can be made that you are in direct or constructive possession of any firearms or ammo. This means a securely locked container (think safe) that you do not have the key or combination to. Even then, there is some risk you could be unable to "prove" you do not have access to the guns.

Secondarily, you need to check the terms of your probation to see if it has any specific prohibitions on living with weapons owned by others. For example, parole, rather than probation, comes with an even higher degree of supervision and in MA it is frequently a non-negotiable requirement that parolees not live in any house where any member has an FID or LTC (presumably so that charges may be brought if any gun is found when doing a random search of the house). It is possible your probation has a similar requirement.

If you were in MA, there would also be the risk that the authority issuing the LTC to your boyfriend could declare him "unsuitable" for living with you and revoke the LTC.

Most importantly, remember that the system does not give a rodent's rectum that it was "guilt by association" - the only thing that matters is the disposition entered by the court.

Time for an office visit with an attorney.
 
Bonesinium said:
Not terribly surprising to see people who want a 'presumption of innocence' to apply to them, refuse to apply it to others. A CWOF is NOT a guilty finding/verdict/plea. And MA doesn't have such a great and fair system that all people who took a CWOF did so because they were guilty, making the CWOF a deal. It is entirely reasonable that people take a CWOF because they don't want to risk a guilty verdict in a corrupt system.

But I digress.
Click to expand...

Actually, a CWF is considered an admission that the evidence against one is overwhelming enough that, should the case go to trial, one would be found guilty.

I do agree again that seeking legal council is a good idea in this situation, both for her and for her boyfriend.
 
Glasgow Grin said:
Guns and heroin addicts/dealers. Gee. What could go wrong? I think your fiancé is probably going to have to choose between you, or keeping his guns. Why? Because heroin ALWAYS wins.
Click to expand...

A common misconception, but most users of hard drugs are casual users, not thieving disease-ridden addicts. Reason Magazine has some good recent articles about this.
 
knfmn said:
Actually, a CWF is considered an admission that the evidence against one is overwhelming enough that, should the case go to trial, one would be found guilty.
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Only if the CWOF is accompanied with an ASF (admission to sufficient facts).
 
sanbar7 said:
Thank you for that. Nobody knows my situation. My charges happened from me being in a three year abusive relationship. The day I was arrested my ex threatened my life if I didn't go with him. I'm not a heroin user, I was guilty by association!

I'd prefer people with intelligent things to say pertaining to my boyfriends 2nd amendment rights only reply. Nobody cares for Drama, go to Facebook with that crap.

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Click to expand...

Hi sanbar7. Sorry to hear that you were in a bad situation. Glad you have gotten out of it. You have been referred many times to consult with a lawyer. Since you are new to the forum, I thought maybe I could explain to you why people keep saying that they aren't lawyers and that you should find one. When it comes to guns and the laws around them, things can get very complicated very quickly. It's pretty easy to end up losing your firearms to police seizure, and it can be very hard to get them back. That's why people say to talk to a lawyer - they will actually know the law (hopefully) and they will also know the steps that the police will want to take and how judges will see things. In other words, they will know the *unwritten* things that aren't actually law, but can be just as important.

Things aren't quite as bad up in NH, but here in MA you can quite quickly lose not just your firearms but also your right to own one at all. Most of the people on NES are male, and many of the guys here know or know of guys who have lost their firearms to vengeful exs who were mixed up with the wrong crowd. Thus, your initial post triggered their gut instinct to say that your fiance was going to get screwed. Obviously, since you are posting here on NES, you don't want your fiance to lose his guns. Good luck to you and him. Have a good life.
 
knfmn said:
Actually, a CWF is considered an admission that the evidence against one is overwhelming enough that, should the case go to trial, one would be found guilty.
Click to expand...

...which is not a guilty plea or guilty verdict. This is why it is called a CWOF not something else.
 
cockpitbob said:
1) an attorney is needed.
2) don't post possible criminal behavior on the web.
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This is the most you're going to get from this website. Plenty of users here are happy to speculate based on the VERY limited information you've provided (and even more limited legal knowledge they possess), but taking legal advice from an internet forum is a great way to get a one way ticket back to prison.

But if you want advice on the best gun safe to lock up those guns, or need a place to sell them, you've come to the right place.
 
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cockpitbob said:
1) an attorney is needed.
2) don't post possible criminal behavior on the web.
Click to expand...
This. But we are not lawyers and you will get advice on what to do. You make that final decision.

Your post is going to get majority negative comments. That's how life is.


Good luck and I wish you the best.
 
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