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Need to find attorney specializing in gun rights in NYC and Nassau

Deerthug

By Deerthug,
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Deerthug Newbie

Deerthug

Posted
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My neighbor's wife passed last week from cancer at a young age. She was licensed to carry and also premises. Her husband does not have a license to possess or carry. Three days after his wife died, Nassau County police called his home demanding that he turn in his wife's firearms and that if he wants to get them back he needs to apply for a license. He is concerned that once he turns the firearms in he will never see them again. 

 

He experienced this with his father 3 years ago in NYC. His father committed suicide with one of his licensed firearms. NYC police came in and confiscated all the firearms including rifles, shotguns etc. He was an avid collector and there are some valuable firearms in the mix.  NYC Police have been in possession of these firearms for three years now. 

 

I did a google search and I found only one attorney in NYC - John Chambers - who handles gun cases but from the website it looks as if he represents people who were charged with illegal possession and the like. I have no legal experience in this field and I am open to suggestions. Anyone have any experience with similar situations?

 

Thanks,

 

DT

 

 

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jjb4900 Newbie

jjb4900

Posted
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do you have a license? I dealt with something like this in Suffolk a few weeks ago so it may be different..........the unlicensed spouse has 15 days to "dispose" of the handguns either by surrendering them to the Police, selling to a gunshop or selling / transferring to another pistol license holder.The person I know chose the last option and if you're a license holder I would just have him transfer to you while he waits for a permit..........I think the bottom line is he has to do something with them within that time frame, if not, he may very well need an attorney, but at this point I think that's unnecessary. 

Edited by jjb4900
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jrm Newbie

jrm

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No personal experience with a lawyer for this, but I have heard good things about John Murtha. http://www.murthalawfirm.com

 

 

My understanding is that you (actually executor or administrator of will) have 14 days (NYS) to dispose or transfer to a valid license holder. If the pistols are not transferred, they can (likely will) be confiscated.

 

Even if the husband decides to apply for a license, that will take months (or more than a year). 

 

Find another license holder that you trust. Transfer the guns to that person. It will give the husband time to decide whether he wants to get a license and keep them or sell them.

 

Another option might be to transfer them to an FFL. I agree that giving them to the police for "safekeeping" is a bad option. However, after 14 days that becomes the only legal choice.

 

 

edited to add: moral of story is to always have more than one license holder in the family.

Edited by jrm
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fasteddie Grand Master

fasteddie

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That reminds me .... My oldest son has a pistol permit . I was told that I can get a form / paper and make him co-owner of my pistols . He would have to have my pistol information added to his permit . If something happened to me , he would be the owner .

 

This has nothing to do with the OP but I thought it might be of interest to others .

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jrm Newbie

jrm

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That reminds me .... My oldest son has a pistol permit . I was told that I can get a form / paper and make him co-owner of my pistols . He would have to have my pistol information added to his permit . If something happened to me , he would be the owner .

 

This has nothing to do with the OP but I thought it might be of interest to others .

 

That is not applicable in every county.

 

Suffolk specifically prohibits "co-ownership." A pistol can only be on one license. They claim it is to avoid problems during divorce where SCPD were put in the middle of an ownership dispute.

 

Other counties allow co-ownership. NYS is a mess of different rules.

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ants Newbie

ants

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Contact the pistol license office.Some Counties are different from others, but if there is a family member, who has a permit, that person may be able to have the guns transferred to them, with a death certificate and the woman's permit.  Then that person can transfer  the guns to your friend when he gets his permit. It is done in Onondaga Co. but like I said, some Counties are different.

 

Giving the guns to the Police should be a last resort.

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Black Bellamy Newbie

Black Bellamy

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"We are here to confiscate your late wife's guns."

 

"Yeah, I don't know what you're talking about."

 

"Her guns, give them to us!"

 

"I don't know anything about those, if my wife had them they were her property, not sure what she did with them."

 

"We have a warrant to search this house!"

 

"Come right in and take a look."

 

...

 

"We didn't find any guns...but we might be back!  Anytime!"

 

"Thank you and come again."

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  • 2 years later...
Brooklyner12 Newbie

Brooklyner12

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Looks like I need your advice guys. Being ticketed on bear opening day at Pochuk State Forest for hunting bear over the baiting area. Three of us just arrived on a spot in high grass in a middle of nowhere and over 20 minutes 2 DEC officers have appeared exactly behind us accusing we are hunting over baited area. In fact they showed us pictures of 2 sausages and turkey burger remainings approximately 100 yards from the spot we where sitting. 

They almost arrested us and evicted from the property with a solid ticket to appear in court. They had not listen to us, they were solidly sure the bait belongs to us. The entire opening has been ruined and now we all faced of a big trouble. Has anybody know about the procedure or a necessary burden of proof from DEC side to support such accusation ?    Does anybody knows an attorney who has experience for such stupid cases? How should we prove we did not baited the area with 2 sausages and sliced turkey ham ? This is ridiculous and I still cannot believe it has happened to me and my friends.

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Salmon_Run Enthusiast

Salmon_Run

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I believe the confuse here is there are now two topics posted under one header regarding handguns being confiscated after a death, and now hunting over bait.

The most recent being you and your friends have been charged and accused with hunting over bait.

Edited by Salmon_Run
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Nomad Grand Master

Nomad

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Posted
56 minutes ago, Salmon_Run said:

I believe the confuse here is there are now two topics posted under one header regarding handguns being confiscated after a death, and now hunting over bait.

The most recent being you and your friends have been charged and accused with hunting over bait.

Right the original is a zombie thread as well  ( 2,015)

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tommyc50 Newbie

tommyc50

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wow i had the same problem with my friend his were registered with the city and he died he was 86 he wanted me to sell them for him what a hassel cause they were register with the city but when he died and his daughter had given them to an ffl dealer to hold them .wow  you surrendered them and its near impossible to get them back you should have taken them to an ffl dealer to hold for you, i know a lawyer in manhattan but he deals with people trying to get a pistol permit' but no matter what you have to deal with a FFL dealer. but what you can do is contact one i'll pm you with a few if you like. it use to be an honor to have a rifle shot gun permit and register your guns in the city now its a curse

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