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Marijuana and gun ownership

charge-possesion of a small amount of marj. (well under 30 grams)
taking ard program, most likely getting probation
can the courts or prob. offficer take my guns from me? if so is it legal for me to sell them prior to recieving probation to avoid this?

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Attorney answers (2)

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Reputation Level 20
If you are not convicted of a felony or crime of violence I see no way that a condition of probation could keep you from owning guns. If it did you would be ordered to sell any guns you own to a licensed gun dealer within a few days. The probation officer will not seize your guns nor will the courts but if the crime is a "no gun" crime they can order you to dispose of them and present proof of compliance to the court.
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Reputation Level 10
Please be advised that there is a lot of case-law on the subject of the Restoration of Firearm rights in Pennsylvania. I have helped clients in this regard before.

Firstly, please understand that there are two bodies of law which will both attempt to preclude you from owning a gun: Federal and State law. There are certain offenses, such as drug possession offenses, which Federal law will look to in preventing you from obtaining a firearm under 18 U.S.C. 922. The case-law surrounding this revolves around the Pennsylvania statute and the power of Pennsylvania judges to restore ones gun ownership rights pursuant to a prohibitive Federal law.

Your best bet is to contact an attorney who can help you get out from under the Federal prohibitions. If not, the Pennsylvania State Police will reject your insta-check application for the purchase of a gun pursuant to a Federal law.

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