Confiscation

[ItalianHunter5]

My brother texted me a link to a youtube video that if true which I believe it is, is disturbing. The story comes out of Delaware County and it's a man that registered his assault rifle. Ok that sounds fine but then police showed up at his door and asked to see the gun, turns out they didn't show up just for that. The police took that AR along with all his other LEGALLY owned guns that he passed background checks for, because he had a misdemeanor on his record from 15-20 years ago. They said that he could be a threat to society, therefore taking all his firearms. If true, this story is absolutely ridiculous and it shows how bad this situation is really getting. Could this be the start of something serious?, is the real question.

[turkeyfeathers]

Have to think there's more to this story than we know. 

[MACHINIST]

I know a local guy that had one taken,they come to "look at the gun to make sure the serial #'s match" and then your guns gone.Channel 9 news in Syracuse is doing a story on it tonight if anyone is interested

[moog5050]

Sounds like an unlawful taking to me.  Rick, what was the purported bases for taking of your friend's guns?

[MACHINIST]

Not a friend,He is the tenant of a friends rental.Told him they wanted to check serial number of a gun he registered,when he handed the gun over they said he had a misdemeanor 30 years prior and took the gun.Don't know if they gave him a receipt or what.Funny thing is he bought the gun a few years back from a dealer so he is on the books for the gun way before the crap hit the fan,registered it when he was supposed to.And yesterday they knocked at the door

[MACHINIST]

What I dont understand is why is he could buy it 5+-years ago and he was ok to do so but now he is a criminal when nothing has changed in his life?

[Doc]

Last I knew, a misdemeanor is not grounds for long-gun confiscation. It takes a felony for that kind of action. Is there something new (perhaps part of the safe act) that has lowered the level of criminal status as a limitation to the right to possess a long-gun? Or perhaps this is a case of some critical details being left out (or being mis-quoted). Could be that the word felony turned to misdemeanor as the story was re-told a few times.

[NFA-ADK]

Another good reason to get your registration done.  They are waiting for your reply.  Register now so they can take your guns later.  GOOD LUCK

[sits in trees]

I thinks the state is going to end up with a lot of lawsuits on their hands, there are several attorneys state wide the will represent you no charge on safe act confiscations.

[Elmo]

Just keep your records clean. My bro forgot to renew his license. Cops forced him to turn in his guns. Said he'll get it back once he gets his license situation resolved. He turned in his stuff. Renewed his license. Even updated his address. Went back to the precinct. Showed them the renewed license. They gave him all his stuff back exactly how he had left it. He told me the cops were all really nice and treated him well. I'm sure being an active service member helped his cause.

Sent from my iPhone using Tapatalk

Edited July 10, 2014 by Elmo

[eagle rider]

Sounds to me like there's a backstory on these. Order of protection, or something else in play.

[HectorBuckBuster]

I think all members should talk to all family members in their house about what to do if the police show up at your door. If they show up and knock and want to check out anything in the house, unless they have a warrant DO NOT LET THEM IN period, not warrant np entery.

[ATbuckhunter]

Sounds to me that this is an illegal confiscation. I thought that confiscation required a felony not a misdemeanor. 

[Ford]

Last I knew, a misdemeanor is not grounds for long-gun confiscation. It takes a felony for that kind of action. Is there something new (perhaps part of the safe act) that has lowered the level of criminal status as a limitation to the right to possess a long-gun? Or perhaps this is a case of some critical details being left out (or being mis-quoted). Could be that the word felony turned to misdemeanor as the story was re-told a few times.

 

Exactly. I saw the video. Apparently the OP mixed up two cases they were talking about there.

 

The first case, is someone on some forum, like this one, saying they had their guns confiscated for a misdemeanor that happened 15 years ago.

 

The second, seemed to be a domestic case, maybe an order of protection issued. In the past, if a person had an order of protection against them, their pistol license would be suspended and the pistols had to be turned in until the case was resolved. Under the Unsafe act, it seems it is the same for long guns.

[pistolp71]

Sounds to me like there's a backstory on these. Order of protection, or something else in play.

 

Exactly, there is always more to the story.

[ncountry]

It is amazing how quick our rights are revoked . A friend of mine(a goody 2 shoes ) has had his pistol permit for 20+ years without even a traffic infraction. He was stupid and was arrested for a DWI, for being barely over the limit, and they came to his house and took all of his pistols. He got them all back months later, but at the time was not even able transfer them onto his fathers permit.

[Mr VJP]

Details coming out say it was a misdemeanor possession charge.  Probably pot, and it was 15 years ago.  Does the SAFE Act say if you were ever convicted of drug possession, you can not own firearms?  If it does, this is a vast leap from Federal NICS Standards.

 

I also find it scary no due process, recourse, or appeal of the confiscation seems to be available to the man.

 

 

[jjb4900]

I would say that an arrest for any type of Domestic incident, no matter what level of crime, is going to probably lead to a confiscation.

[Mr VJP]

An arrest only?  I would think a conviction would be required.  People get arrested and found not guilty all the time.

 

I know they confiscate on a DV until trial, but if found not guilty, everything should be returned.

 

This guys offense was very old.  Seems to me there is going to be a lot of confiscation happening if they're reaching this far to do it.

 

[eagle rider]

Guys, here's the deal, you get jammed for anything and pretty much whatever you own by way of firearms is gone. In the eyes of the law a felony charge or a domestic crime/investigation come with that for sure. In the case of a misdemeanor it would depend to some extent, I suppose, what the circumstances are. Harassment is a misdemeanor. Harassment by a gun owner can be a whole other kettle of fish, and after many years of doing this for a living, I can say 100% that a DA would want the guns impounded. Our rights are our rights until there is an issue of threat of a crime. Then the obligation shifts to protection. Misdemeanor possession, was that really a knock down from possession with intent to deal? Because gun ownership and possession with intent is an automatic charge elevation to felony firearms possession. The connection gets made that the guns can be used to protect the drugs that are in quantity sufficient to sell.

[bubba]

I guess my question would be Are you ok with this?  To me it seems most are

[NFA-ADK]

I guess my question would be Are you ok with this?  To me it seems most are

 

NO!