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So New York strikes again

rtozer
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rtozer Newbie

rtozer

Posted
Posted

New here but I allready have a good /bad story. Any of ya"ll watch storage wars?

Well I have been doing it for around 5 years now as a hobby. I have picked up some nice guns over the years, including pistols. The deal with pistols, is you either turn in to troopers or sheriffs, to get cleared. After they get cleared you get them back so long as you have a pistol permit. Well have always turned into the troppers till a couple weeks ago. Decided Monroe county sheriff was closer..Keep in mind never a problem with troopers. Get a call from Sheriff investigator saying gun came up clean, but he wanted to let me know I would not be getting it back. He is deeming it a nuisance firearm and therefor scheduling it to be destroyed..WTF...Call investigator in troopers hq to see if he would talk to sheriff. He agreed, called me back 45 min later and said sorry bud I tried.

Apparently its a grey area of the law and its supposedly up to the discretion of the investigating officer...What a load of crap...One person has that much authority to make that determination..

Sorry for ranting just curious of everyones thoughts on this...

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growalot Newbie

growalot

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Yep I'd call someone and put up a bit of a stink...but....then you've painted a target on your back...so making sure you put into play a safety "net" in that instance is important....ie..... being absolutely squeaky clean and making sure public papers/records of what is going down are out there...always have a reliable witness present and insist on all things in writing...such as the reason fire arm was listed as nuisance before any action is taken....

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Doc Experienced

Doc

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First of all, I would ask for some form of written document that explains the disposition of this gun. Then, I would make it clear that you intended to go the "letter-to-the-editor" route just to make the situation public. You never know, that gun may all of a sudden be returned to you if he gets an idea that this is going to become public. That will certainly be the case if there is anything shady about the way he is handling the case.

In the future, I would always see to it that you stay with the troopers.

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bkln Newbie

bkln

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Welcome to the site. Your title is a bit mis-leading. NY didn't just got bad, that law was probably on the books for years. You just got a raw deal from a Sheriffs office. Sounds like a total BS, why don't you go back to the Troopers where you always got the gun back. I would ask for the disposition proof and call it the day, you wont win this one. How much was the gun worth anyway?

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Dave Newbie

Dave

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Welcome to the site. Your title is a bit mis-leading. NY didn't just got bad, that law was probably on the books for years. You just got a raw deal from a Sheriffs office. Sounds like a total BS, why don't you go back to the Troopers where you always got the gun back. I would ask for the disposition proof and call it the day, you wont win this one. How much was the gun worth anyway?

About 15 years a go a club in our area had a break in knives and a shotgun were stolen. WE had the troopers come and take a report etc. The knives were monogramed for each member there were about 6 knives stolen. Well to make a long story short they stopped a vehicle in Monticello and recovered the knives. But when we went to the troopers to pick up the knives they were missing. WONDER what happened to the knives in police custody? Could there be thieves in the troopers office?
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ants Newbie

ants

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Posted

I'll say it agin BS! That gun is your property, you bought it. I don't see how they justify this. I would at least make a little bit of a stink. Insist on some kind of documentation that shows the gun was destoyed, if it is.

And how is a gun a nuisance if it goes from an honest citizen to a police agency. At what point did it become a nuisance!!! Makes me freak'n crazy

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RifleSharpShot Newbie

RifleSharpShot

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You lost one gun. Chalk it up to experience, go back to the troopers with the next. Don't make a stink, will have same effect on them Go back to what works. Yeah, should be titled hit or miss law.

No offense but thats the last thing you want to do.Then they think you threw in the towel and they can just run all over your rights.Keep fighting at it unless they have a good reason and proof of the reason why you can not get the gun back.It's just another case of whats turning into a police state/world.

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rtozer Newbie

rtozer

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The type of firearm and how you transported it could classify it as a nuisance weapon. What was it? Did you hand it over loade or transport it illegally? You may have told them more than they needed to know, or it was used in a crime, just not fired. see penal law article 400 & 265.

the gun was a smith and wesson 32 revolver.

so heres the deal. In NY any firearm can be deemed a nuisance by law enforcement officials as they see fit.

according to sheriffs office the gun was lst registered in 1992. They have owners name but cannot track him down.

So the fact that it was in a storage shed , in fact was reason enough. The licensed owner did not have control of

a licensed firearm. He "if they could find him" could technically get in trouble and lose his pistol permit.

They went on to exxplain if you have a gun stolen from a vehicle they can deem it nuisance, again because you did not have control of it. That allowed the gun to be a public nuisance..

yeah driving me freakin crazy to......From now on all pistols will be turned into troopers office.....

Long guns you really do not have to do anything legally, But to be on safe side you should have a leo that you know run the numbers just in case it has a past, that could come back to haunt you..

Not sure if its worth pushing the issue..

And sorry it is NY......they like to write grey area laws just for this reason.

Case in point: look in NY penal law about knives.

This is directly from the law books

"IT IS LEGAL IN NY TO CARRY A SWITCHBLADE SO LONG AS YOU ARE CAMPING, HUNTING, FISHING, OR TRAPPING.."

THEN UNDERNEATH IT STATES

"ALTHOUGH IT IS LEGAL TO CARRY WHEN DOING THE ABOVE MENTIONED ACTIVITIES THERE IS NO LEGAL WAY OF OBTAINING ONE....."

PLEASE......FRUSTRATED

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Culvercreek hunt club Enthusiast

Culvercreek hunt club

Posted
Posted

They went on to exxplain if you have a gun stolen from a vehicle they can deem it nuisance, again because you did not have control of it. That allowed the gun to be a public nuisance..

And sorry it is NY......they like to write grey area laws just for this reason.

Case in point: look in NY penal law about knives.

Do you think that the Livingston County Sherrif that had his pistols stolen from his duty vheicle had his pistols listed as nuisance because they were stolen?

http://www.13wham.com/news/local/story/Sheriff-Yorks-Guns-Stolen-Handgun-Taser-Recovered/JXmvlMYwxUuF_24fo82arQ.cspx

I am betting they weren't.

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SteveMcD Newbie

SteveMcD

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Posted

If it is a legal firearm. They have no business confiscating it. My reply to the officer would have been similar to Doc's, to include. "Officer, you will be hearing from a representative of the NRA, the New York State Rifle & Pistol Association and my own lawyer, in short order".

What part of "The right to bear arms, shall not be infringed" do these anti-gun people do not understand. Sounds like a cop to me that does not want citizens to have guns at all.

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HectorBuckBuster Newbie

HectorBuckBuster

Posted
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It might have to due with the storage unit. Don't believe the TV hype of storage wars I found $10,000 in guns. I have been to storage unit auctions. One of the first rules is all fire arms are to be turned in and do not belong to the winning bidder of the unit. So I wonder if that may have somehting to do with them doing that. Sounds like you told them too much info. Word to the wise say as little as possible. A lawyer once told me don't run your mouth to me, just give me the basics. If I know every detail then I can not lie, but I am not lying if I don't know all the details. LOL

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