IF you get in trouble. (Storing guns with FFL)

[Brawny71]

Just wanted to stimulate thought. Sometimes we get in trouble. Aggravated DUI, Red Flag accusation, domestic investigation, child neglect investigation; things which may be proven to be invalid or you found innocent. In this state, part of that means you should be concerned about your fire arms during the process. IF you get in trouble it may be a really good idea to turn your fire arms over to a local FFL for safe keeping. I do this in my area. Safe Storage allows them to be secured and safe. I recently coordinated to pick up a sizable collection from the NYSP. Although the guns were not part of the persons crime, they all had been taken up. ALL of them were also destroyed even though the family was in the process of recovering them (to include many of family value and sentiment). The latitude of what is NYS compliant is also very interesting with no case law to base it on or supporting findings. If you are living in the grey it is not designed for your protection.

I know there will be a lot of posts about 2d Amend being your permit and communist this and that. But IF you get in trouble, proaction and showing due diligence goes a long way and your local FFL isn’t going to destroy them or add them to their personal collection. An FFL has to put them on their register and account for them. They don’t destroy them unless law enforcement comes with an order and recovers them. Your local FFL can keep them while your innocence until prove guilty takes place.

Ok, let the lamenting begin…..

 

[GOPerfect]

Just wanted to stimulate thought. Sometimes we get in trouble. Aggravated DUI, Red Flag accusation, domestic investigation, child neglect investigation; things which may be proven to be invalid or you found innocent. In this state, part of that means you should be concerned about your fire arms during the process. IF you get in trouble it may be a really good idea to turn your fire arms over to a local FFL for safe keeping. I do this in my area. Safe Storage allows them to be secured and safe. I recently coordinated to pick up a sizable collection from the NYSP. Although the guns were not part of the persons crime, they all had been taken up. ALL of them were also destroyed even though the family was in the process of recovering them (to include many of family value and sentiment). The latitude of what is NYS compliant is also very interesting with no case law to base it on or supporting findings. If you are living in the grey it is not designed for your protection.

I know there will be a lot of posts about 2d Amend being your permit and communist this and that. But IF you get in trouble, proaction and showing due diligence goes a long way and your local FFL isn’t going to destroy them or add them to their personal collection. An FFL has to put them on their register and account for them. They don’t destroy them unless law enforcement comes with an order and recovers them. Your local FFL can keep them while your innocence until prove guilty takes place.

Ok, let the lamenting begin…..

Simple thing to do as well, put your handguns on another persons permit ahead of time.

Make family members aware of who can be trusted to hold all of your guns.

 

[Brawny71]

This also applies to periods when you are in crisis. It is a very good way to keep LEGAL and SHOW due diligence

 

[Grimscale]

put your handguns on another persons permit ahead of time.

Isn't the other person required to live in your house and/or be related to you (by blood or marriage)?

All of my handguns are also on my wife's permit.
I only worry about any potential long guns I may, or may not, have.

 

[FP1201]

See my whole problem was summed up in a Ron White joke: "I have the Right to remain silent....just not the ability."

 

[FP1201]

Isn't the other person required to live in your house and/or be related to you (by blood or marriage)?

All of my handguns are also on my wife's permit.
I only worry about any potential long guns I may, or may not, have.

Jefferson County provides Forms to either Co-Register Handguns with a Family member (Husband/Wife, Father, Mother, (step)Son, (step)Daughter who also has a Licenses) or Transfer Handguns to the same, and in the case of Transfer, the transferred may co-register with their significant other.
I can transfer my Pistols to my Son who may co-register with his Wife, but I cannot co-register one with her.
If you have those Forms filled out, they can be executed at any time...

 

[HEX]

Simple thing to do as well, put your handguns on another persons permit ahead of time.

Make family members aware of who can be trusted to hold all of your guns.

Big problem with this though, that I've witnessed personally. It's a very good idea to do in the event of.. say you get hurt or something, or have to leave for a trime , or whaveter else, but it can turn out to be a problem when one person in that co-registration gets into legal trouble.

I knew two fellas who co-registered all handguns with each other for that reason. One fella did a stupid one day and flashed a gun at someone he shouldn't have (road rage thing). The guy I knew better, who didn't do anything wrong, had all his handguns have to be taken specifically because they were on the other guy's permit. Eventually the guy got them back (I think) but not until after a legal battle.

 

[Saltwater60]

Big problem with this though, that I've witnessed personally. It's a very good idea to do in the event of.. say you get hurt or something, or have to leave for a trime , or whaveter else, but it can turn out to be a problem when one person in that co-registration gets into legal trouble.

I knew two fellas who co-registered all handguns with each other for that reason. One fella did a stupid one day and flashed a gun at someone he shouldn't have (road rage thing). The guy I knew better, who didn't do anything wrong, had all his handguns have to be taken specifically because they were on the other guy's permit. Eventually the guy got them back (I think) but not until after a legal battle.

This should not be a thing. Dude who flashed the gun should have his permit revoked and end of the story. I know it’s NYS so it doesn’t work that way.

 

[livingston]

Last year the radio gun show on WYSL mentioned a case where a husband and wife had co-owned handguns. . Wife did not renew her permit. Husband had his permit in order. and legal. Anti gun judge decided all guns in the household needed to be turned in .. Has been a years long battle to get the guns back.

 

[Cooolone]

The same reason a partner who lives with a DUI offender doesn't lose their property, would apply to 2A property as well... Meaning you might have to go before a Judge, but if those firearms are on your permit, you most absolutely should be able to retrieve and retain them!

Otherwise...

Bottom line is NYS has NO Jurisdiction for firearms not located within NYS!

Read that again 20x and let it sink in... Why would you turn over your firearms to a commercial enterprise within NYS arms reach? Sorry Charlie!..

But 1st thing to do is visit a friend outside the borders of NY and let that person store your firearms! When questioned about their whereabouts... Well Sir, they are not located in NY, thank you, if they were I would comply with a request to turn them over. Being as they are outside your jurisdiction, I respectfully refuse to acquiesce your request... End of story!

What's the worst thing? Contempt of court? Provide case history where a NY'er had to retrieve and surrender firearms located out of State...

If course there's some assumptions here, that you live near NY State border, making it easier to leave, and you have someone or somewhere (property) outside the State to leave your firearms...

Enjoy and have fun!