Is It True You Must Give Up Firearms As A Condition Of Bail?
It's common for judges to impose certain restrictions and requirements on defendants as a condition of being granted bail, one of which includes prohibiting them from possessing or using firearms until their cases end. This can be problematic for people who are required to carry firearms for their jobs, use them from hunting, or who collect them as a hobby. Here are a couple of ways you can handle this situation if the judge orders you to remain gun-free while you're out on bail.
Surrender Your Firearms
The easiest way to handle a prohibition against possessing firearms is to surrender them. First, it'll eliminate this form of leverage against you. If the prosecutor or police know you're a gun owner and there's no record of you getting rid of your pieces, they may make excuses to pull you over or enter your home to check if you have guns in your possession and get your bail revoked if they find anything. This scenario isn't as unlikely as you would think as law enforcement agencies are always under pressure to close cases and remove criminals from the street. Busting someone for a bail violation is an easy win.
Another reason you'd want to surrender your firearms is it may actually make you look better to the court. If the judge sees you're complying with the order, you may be seen as less of a threat to public safety and have an easier time during your case. For instance, the judge may be more amenable to reducing your bail amount if you're trying to get it lowered.
Turning your firearms over to police it probably the best way to go since they'll have a record of you doing so. However, recovering them from the agency may be challenging once your case is over. Alternatively, you can give the guns to someone you know. Just be sure to have someone witness the transfer so there's some record of you complying with the bail condition.
Ask for a Waiver
For those who are required to have access to a gun for employment or other reasons, you can ask the judge to waive the firearm prohibition. If you can prove that not having a firearm will be seriously detrimental to your life, the judge may remove the bail condition. For instance, if you will lose your job as a security officer if you can't carry a firearm, the judge may waive the bail condition or, at least, amend it so that you can use a gun for work only.
Be aware, though, judges typically enact firearm prohibitions if they feel defendants will pose a threat to the victims or the community at large, and they will not budge if the accused is facing charges for certain types of crimes (e.g. domestic violence, murder). Thus, carefully review what you're being charged with and consult with your attorney to ensure you'll be eligible for a waiver before spending time and energy pursuing one.
For more information about bail prohibitions regarding your firearms or to get bailed out of jail, contact a bail bondsman.