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ImDaGlockinator!
11-04-2012, 20:47
What are my rights in this situation?
I am a legal owner of firearms in the state of Arizona and I have both a CCW and Armed Guard Card along with the training and background checks which come with these.
I recently agreed to allow a married couple to stay at my house for two months so they can get back on their feet financially and find a more permanent place to live.
The guy and his wife had a minor incident which nevertheless led to a first time offense for domestic violence. I already know the whole story and I'm not worried about them staying with me temporarily.
However, as they're moving-in, the husband off-handedly tells me that if I happen to have any firearms in my house, I need to get them out because his probation officer will search my house and it would be a violation of the husband's probation.
So my questions are, what are my rights since, I'm not the offender, it's my house and I'm not too happy about not having quick access to my firearms for self defense. Is the probation officer really allowed to search my bedroom for weapons? What of I keep my weapons in my vehicle in my garage. Is the probation officer likely to also search my vehicle? I'm happy to help-out my friends in time of need, but I didn't sign-up for having my right to bear arms taken away from me.
Dear Moderator, if this is the wrong forum for these questions, please feel free to redirect this posting to a more appropriate forum. Thanx!

RussP
11-04-2012, 21:10
What are my rights in this situation?
I am a legal owner of firearms in the state of Arizona and I have both a CCW and Armed Guard Card along with the training and background checks which come with these.
I recently agreed to allow a married couple to stay at my house for two months so they can get back on their feet financially and find a more permanent place to live.
The guy and his wife had a minor incident which nevertheless led to a first time offense for domestic violence. I already know the whole story and I'm not worried about them staying with me temporarily.
However, as they're moving-in, the husband off-handedly tells me that if I happen to have any firearms in my house, I need to get them out because his probation officer will search my house and it would be a violation of the husband's probation.
So my questions are, what are my rights since, I'm not the offender, it's my house and I'm not too happy about not having quick access to my firearms for self defense. Is the probation officer really allowed to search my bedroom for weapons? What of I keep my weapons in my vehicle in my garage. Is the probation officer likely to also search my vehicle? I'm happy to help-out my friends in time of need, but I didn't sign-up for having my right to bear arms taken away from me.
Dear Moderator, if this is the wrong forum for these questions, please feel free to redirect this posting to a more appropriate forum. Thanx!I believe the consensus will be that you chose the wrong couple as roommates. What do you mean you want ready access?

You need to talk with the guy's probation officer before the visit to see what conditions would be acceptable.

:cool:

Bruce M
11-04-2012, 21:17
What are my rights in this situation?
...!

You clearly have (or had) the right to not let them live with you; problem solved. Once you allow them into the house in some places it is easier than others to get them out. (Here for instance in a situation like this after you let them into the house responding officers would probably suggest the formal eviction process.)

If they are already in your house, my guess is the safest route would be to remove the guns and get an attorney. If they are not yet in your house, not allowing them to move in will probably be the easiest solution.

L-1
11-04-2012, 21:19
I don't know what state you are in but in mine, warrantless search or a probationer's residence (all portions of it) are generally a condition of probation. If you car is in the garage which is part of the residence or property, it can be searched.

You can't thwart the terms of his probation by saying, "Kings X, this is my house not his, I don't consent to a search." If that were the case, every probationer who was dirty and wanted to avoid detection would stay with a friend. The only way to avoid having you home and property searched is to tell him he can't stay with you.

razdog76
11-04-2012, 21:26
Probation/parole is an alternative to incarceration, and the terms of your roomate's probation will be spelled out in writing. It will probably indicate he cannot have any firearms in his residence.

Violating the terms of his probation is not your problem, its his problem... other than possibly having a PO possibly go through your possessions.

I sincerely hope that after the two month period is up, they have their act together, otherwise you will have to go through the eviction process.

ImDaGlockinator!
11-04-2012, 21:26
I don't know what state you are in but in mine, warrantless search or a probationer's residence (all portions of it) are generally a condition of probation. If you car is in the garage which is part of the residence or property, it can be searched.

You can't thwart the terms of his probation by saying, "Kings X, this is my house not his, I don't consent to a search." If that were the case, every probationer who was dirty and wanted to avoid detection would stay with a friend. The only way to avoid having you home and property searched is to tell him he can't stay with you.

As I stated in my original post,
I live in the state of Arizona.
I have read that in some states only the offender's room and common areas are searched, whereas in other states all areas of the house are subject to search. Therefore, I'd like to know what the situation is in my state. Thanks.

razdog76
11-04-2012, 21:31
As I stated in my original post,
I live in the state of Arizona.
I have read that in some states only the offender's room and common areas are searched, whereas in other states all areas of the house are subject to search. Therefore, I'd like to know what the situation is in my state. Thanks.

It seems ridiculous for such limits to be placed on a PO, because then the dope/guns/contraband will then just be hidden in some place not specified. :dunno:

blueiron
11-04-2012, 21:44
There was a similar thread about this very topic in Mesa several months ago.

Get the name of the probation officer who is supervising your house guest and tell him/her that you have firearms. The probationer has to comply with the conditions of their probation. Because of that probationer, the entire house can be searched. The P.O. won't care that you have firearms, but that probationer is likely going to have to find other digs, if you want ready access.

Gombey
11-04-2012, 21:45
Ok, I thought the other PO's would have chimed in by now.

If you were in my state it may not be a problem. I have a few offenders on my caseload that live w/family members that own firearms.

ImDaGlockinator!
11-04-2012, 21:48
Probation/parole is an alternative to incarceration, and the terms of your roomate's probation will be spelled out in writing. It will probably indicate he cannot have any firearms in his residence.

Violating the terms of his probation is not your problem, its his problem... other than possibly having a PO possibly go through your possessions.

I sincerely hope that after the two month period is up, they have their act together, otherwise you will have to go through the eviction process.

Thanks for the info. I will communicate the fact to the couple that this is their problem in that if a parole violation is identified he is going to jail etc. so it's in HIS best interest to find-out the local laws as they apply in this situation. If he ends-up having to move out that still better than having to go-back to jail!

blueiron
11-04-2012, 21:52
After considering this, were you privy to all the correct information about the violation and conviction?

A misdemeanor DV charge is usually not referred to active probation. Either the probationer has a history of previous criminal convictions, the judge has reason[s] to be concerned enough to demand active probation, or the charge was a felony that can be reassigned as a misdemeanor upon successful completion of all original conviction conditions.

ImDaGlockinator!
11-04-2012, 21:55
After considering this, were you privy to all the correct information about the violation and conviction?

A misdemeanor DV charge is usually not referred to active probation. Either the probationer has a history of previous criminal convictions, the judge has reason[s] to be concerned enough to demand active probation, or the charge was a felony that can be reassigned as a misdemeanor upon successful completion of all original conviction conditions.

His violation is termed a "Class1 Misdemeanor". He has no priors.

Sam Spade
11-04-2012, 21:57
As a practical matter, if he's on Probation for a misdemeanor DV, the odds of an in-home visit are quite slim. If he's on probation for a felony, you're an idiot for letting him live there.

BTW, in two months, they'll have established residency. That means you'll have to evict through the courts if they choose not to go.

ateamer
11-04-2012, 23:06
The term is usually not "do not have firearms in residence", but is "do not own or possess firearms". If your firearms are locked in your room and the door is kept shut, et cetera, it would be a hard sell that he had dominion and control over the guns. It will be incumbent on you to keep them in a locked safe or cabinet, and never let him into your room.

ImDaGlockinator!
11-04-2012, 23:10
The term is usually not "do not have firearms in residence", but is "do not own or possess firearms". If your firearms are locked in your room and the door is kept shut, et cetera, it would be a hard sell that he had dominion and control over the guns. It will be incumbent on you to keep them in a locked safe or cabinet, and never let him into your room.

That's good to know, thanx!

scottydl
11-05-2012, 00:04
As to your subject line... you're right, this may not be the right place to ask this question. We are mostly cops in here, not lawyers and not many of us from AZ.

Therefore, I'd like to know what the situation is in my state. Thanks.

An AZ lawyer or the local probation department (that is overseeing this fine gentleman's case) are the most reliable sources of information for your situation. Everything the rest of us say is pure speculation and should not be considered valid legal advice.

DaBigBR
11-05-2012, 01:54
There was a similar thread about this very topic in Mesa several months ago.

Get the name of the probation officer who is supervising your house guest and tell him/her that you have firearms. The probationer has to comply with the conditions of their probation. Because of that probationer, the entire house can be searched. The P.O. won't care that you have firearms, but that probationer is likely going to have to find other digs, if you want ready access.

I remember the post mentioned and agree with this advice.

chasbo00
11-05-2012, 09:27
Get a gun safe!

ImDaGlockinator!
11-05-2012, 09:30
Get a gun safe!

Already have one thanx!

RussP
11-05-2012, 10:02
Please do keep us updated as things progress. :thumbsup: