View Full Version : Misdemeanor Probation and Owning Firearms
I was arrested for DUI that was reduced to Reckless Driving. With this charge I received 2 years of probation. My probation officer says that under the terms of probation I cannot own or possess any firearms. Is this legal?
If they specify that in the terms of probation then yes i do believe they can. But to get the best answer call your attorney.
Yes. If you don't want to be on probation you had the option of doing jail time. When you asked for or were given probation you agreed to all the terms of probation.
It is a standard condition of Probation in Illinois that you cannot possess a firearm or other dangerous weapon while on Probation. Standard conditions are those defined in the probation conditions in the ILCS section that describes probation. In otheer words, when the legislature passed the law authorizing probation as a potential sentence, it said everyone who gets probation in Illinois must follow at least these 6 rules (the second of which is not to possess a firearm or other dangerous weapon). In our county the attorneys try to cross out some of the standard conditions, because they think they have that authority. Our probation department's opinion is that the Court can do whatever they want with the special conditions (jail time, treatment, public service hours, etc.), but the 6 standard conditions are set by the legislature and are therefore inviolate.
The good news for you is that because you're crime is not a felony, you can have your weapons back in your possession when your probation is done.
I strongly encourage you to not get another DUI/Reckless Driving/DWLR, because repeat offenses soon become felonies, and then you lose your right to a firearm forever.
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