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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70527
Experience:  Over 5 years in practice
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I have recently come out of prison, served four and half months

Resolved Question:

I have recently come out of prison, served four and half months and was tagged back to my property for a further four and a half months. When I was released, I signed a form which said, I think, that I could not handle or posses a firearm for 5years. Both my wife and son enjoy airgun shooting and both own their own guns,all legal within the 12ft pds restriction. I had these guns removed from the house and put in storage as a Police officer said it was necessary for my Tagging. Ihave now been out of prison 15 months, my wife and son have asked the question when will they be able to have their guns back in the house as they have committed no crimes. Not wanting to jeopardise anything, I have said when my 5years is up, but this does seem unfair. Could you please confirm what I am saying, as its becomingquite a niggle and also a costly inconvenience with the safe storage,thankyou.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

My family would like to know if they are allowed to have their ,legal limit airguns, back in the house and when, as they feel they are being punished for me.

Expert:  Jo C. replied 2 years ago.
Thank you.
The short answer is that it depends what you signed.
If you signs an undertaking only then there are no penal consequences in breaching that except that it is something that would be taken into account in the consideration of your licence and further bail applications.
You are describing weapons that do not require a certificate although we don't know the specification here. If they do require a certificate then, if you sign the revocation, you would be in breach.
The other alternative is that it is a special condition of your release on licence and if you do breach that that may lead to your recall to prison.
Ultimately your family can do what they like as they are not on licence but it has an impact upon your licence if they do act in this way.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Apparently this form, 5years firearm ban, is something that everyone has to sign when leaving prison, Doncaster Marshgate, but my Probation office in Barnsley did not know anything about it. Imight add I was only on Probation for the Tagging period of four and half months . They are legal limit air rifles and do not need a firearm certificate.They would be kept in locked, alarmed cabinets to which I would have no access. Iwould not be handling them at any time so is it a crime for me to be in the same house as them, thankyou.

Expert:  Jo C. replied 2 years ago.
No. But it is common with some offences.
If you are on a firearm ban then they are not affected by that but having them in the house would potentially offend.
It depends on the exact wording of the ban but if your family keep weapons they will say they are doing it for you.