Legal Question in Criminal Law in California

gun possession by someone on probation

my friend was convicted of gun possession and drugs for sale. Before his arrest, he legally purchased a firearm from gunshop, while in the waiting stage of gun purchase is when he got arrested. After his release he recieved notice gun was ready to be picked up, which he did. When given conditions of probation (no possession of guns) he took gun to friends house to keep where it remains. Yesterday, police officer involved shooting occured in his city, police obtained list of all gun owners in area and proceeded to get search warrants and busted down his door in search of gun since he. While on the ground in handcuffs of his house, the cops want to know the whereabouts of gun, he tells them the truth-doesn't want to be in possession of gun as that is violation of his probation, but at same time-you're supposed to be in possession of it or that is illegal as well. He wants to legally get rid of it but how? The cops in their search picked up his sisters camera and began looking at pics and saw a pic of a friend with gun and began demading to know who he was (not involved in situation) he explained was for a video shoot, cops seized camera, told him to contact his P.O. to get camera back. Being on prob. cops can search but solution?


Asked on 9/23/07, 12:12 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: gun possession by someone on probation

Your Friend used poor judgment in saying even one word to the police. Hasn't he learned that by now? He should have relinquished his gun to a licensed firearms daler for safekeeping.

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Answered on 9/23/07, 10:07 pm


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