Rutherfordton, NC asked in Criminal Law and Appeals / Appellate Law for North Carolina

Q: NC statue 15a-1345 section 5

My roommate on probation I carry a gun her p.o requires her to move I'm disabled and need the help she provides can I get such an order for her to live in a house where some one else is armed ,

1 Lawyer Answer
Bill Powers
Bill Powers
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when unrelated people commonly live together. The first question I'd have is whether someone actually has access to the gun.

Probably the best bet is to retain legal counsel and see if things can be worked out.

To be fair, Rutherford County is pretty conservative AND the Department of Adult Corrections (Probation) is given a TREMENDOUS amount of discretion in supervising people.

Best of luck to you!

Bill Powers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.