Weapons Probationers Can't Have

Probationers generally cannot have guns. What other weapons can they not have? It is a regular condition of probation that a probationer may not possess a “firearm, explosive device or other deadly weapon listed in G.S. 14-269 without the written permission of the court.” G.S. 15A-1343(b)(5). Like all regular conditions, it applies by default unless the court strikes it. The condition applies to both felons and misdemeanants, and to supervised and unsupervised probationers alike. It likely also applies to most defendants placed on probation for a conditional discharge or deferred prosecution agreement, on the theory that ordinary probation rules apply in those cases unless the governing statute says otherwise. See generally State v. Burns, 171 N.C. App. 759 (2005) (“In the absence of a provision to the contrary, and except where specifically excluded, the general probation provisions found in Article 82 of Chapter 15A apply to probation imposed under [G.S.] 90-96.”). Though potentially serious, weapon possession is considered to be a technical violation (it is not a new criminal offense or absconding), and so may be responded to at most with a period of confinement in response to violation (CRV) or some other sanction aside from revocation. Firearms. Clearly the condition bars possession of any firearm without written permission of the court. For felons and certain misdemeanants for whom possession of a firearm is a crime, possession would also constitution a violation of the “commit no criminal offense” condition, and in that case it would allow for revocation. Explosive devices. It is not [...]