FYI - Buffalo Police to Confiscate Guns...

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*Kemosabe*

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Buffalo Police to Confiscate Guns from Families of Dead Relatives
Posted on November 15, 2014 by Dave Jolly

I’ve often told people that it pays to find out what laws are still on the books in your city, county and state. You never know when some liberal will find an archaic law that has not been enforced for years and suddenly take it upon themselves to start enforcing it, generally at the cost to law abiding citizens.
In the state of New York, which already has some of the strictest gun laws in the nation, there is a little known law that has rarely been enforced that says that the family of a permitted gun owner who dies has 15 days to dispose of all firearms or turn them over to the police. If caught violating the law, which is a misdemeanor, the survivors in possession of the guns could face up to a year in jail and fines.

Daniel Derrenda, Buffalo Police Commissioner has just announced that his department is going to start enforcing this law and confiscating the guns that once belonged to legal permit holders who have died. His department is going to start cross referencing permit holders with death records and then send his officers out to confiscate the guns. He stated that when people die, family members often forget about the guns and if someone breaks in they could steal them and the guns could end up in the wrong hands. He was quoted as saying:
"At times they lay out there and the family is not aware of them and they end up just out on the street."

Isn’t the same thing possible if someone breaks into the home of a living legal gun owner? Derrenda’s logic doesn’t really make sense. It sounds more like an excuse to confiscate guns from law abiding citizens, just like former New York City Mayor Michael Bloomberg has been advocating for several years.
Tom King, President of the New York State Rifle & Pistol Association warns citizens to know the law before surrendering all of their guns. He said:
"They're quick to say they're going to take the guns, but they don't tell you the law doesn't apply to long guns, or that these families can sell [their loved one's] pistol or apply to keep it."

THE SAD PART OF ALL THIS, IS THE UNDERINFORMED GENERATIONS WHO FOLLOW US WILL SHEEPISHLY COMPLY AND SURRENDER THEIR SECOND AMENDMENT RIGHTS
 
sounds more like an excuse to confiscate guns from law abiding citizens, just like former New York City Mayor Michael Bloomberg has been advocating for several years.

Yep, it's a stupid law but it is New York law. Some savvy folks antcipate the deaths of family members and put the guns on their own permits.
 
The only guns "ending up in the wrong hands" would be those that are confiscated (stolen would be a much more honest word) by the Buffalo PD.
 
Hide them, stash them, bury them; then deny them. "What guns? Granddad didn't leave me anything except his railroad watch".
 
The law is also clueless in that the deceased's firearms are most vulnerable to theft while the family is out of the house attending the funeral. Not two weeks later.
Thieves read the obit columns and plan their week's 'work' accordingly.

If the guns weren't stolen during the funeral, the odds of them being stolen on subsequent days or weeks are much reduced.

Sounds like outright theft to me, in the guise of ensuring public safety.
 
How about this !!!


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What happened to due process.
What crime has the family committed to have their property confiscated without due process.
 
The crime would be possessing a handgun without Big Brother's permission, if you cannot prove that you sold it, it is probable cause for a search, it is probable that you have an illegal gun in your possession.

So, since the police are under the assumption that these people are criminals, in possession of illegal guns, and stricken by grief - the only logical thing to do would be a no-knock raid by a SWAT team, right?
 
This is nothing all that new. Back in January an MTA trackworker friend from my local range was killed on the job. His handguns were rounded up PDQ, ink barely dry on his death certificate.
 
25cschaefer said:
The crime would be possessing a handgun without Big Brother's permission, if you cannot prove that you sold it, it is probable cause for a search, it is probable that you have an illegal gun in your possession.

They are going to be hard pressed to get a judge to sign a search warrant with just that as their probable cause. I have 2 brothers and 2 sisters. Plus my dad has 4 brothers and 3 sisters. When my father passes away they are going to search all 12 of our houses?
 
They are going to be hard pressed to get a judge to sign a search warrant with just that as their probable cause. I have 2 brothers and 2 sisters. Plus my dad has 4 brothers and 3 sisters. When my father passes away they are going to search all 12 of our houses?
Actually, if they didn't find the guns at your dads, where they are registered (in NY State), then they would likely next go after the executor of the estate, whom ever that is, because it is their legal responsibility to take care of that kind of stuff.
 
deadin said:
If they have to.....

Good point! It is NY, I have to put myself in a communist mindset!

mgkdrgn said:
Actually, if they didn't find the guns at your dads, where they are registered (in NY State), then they would likely next go after the executor of the estate, whom ever that is, because it is their legal responsibility to take care of that kind of stuff.

True. It's just tough to imagine a judge signing a search warrant for something like this. Either way I have to imagine that the Buffalo police dept has better things to do than sitting around cross referencing death records with permit holders. Maybe not though. We should all think about moving to Buffalo, apparently there is no crime or drugs there, just a lot of "unclaimed" guns floating around!
 
Buffalo Police to Confiscate Guns...

Note to self: Do NOT take your guns to Buffalo, NY.
 
This, of course, is what gun registration is all about. It establishes law that says the guns are really on loan to the gun holders and that the real owner is the government. Sorta like library books. The police commissioner has to create that absurd notion to justify enforcement. And this is also a sanctuary state for criminal aliens where they don't bother to enforce immigration law.
 
What about the children?

Registration NEVER leads to confiscation.


"New Yorkers who wish to use firearms should join the NYPD or the National Guard. Ordinary citizens don't need guns, as their having guns doesn't serve the State."

Michael "Heinrich Himmler" Bloomburg.

Fake quote by the way, don't sue me Mikey.
 
Starter52 said:
"Guns? I'm sorry officer. My late relative went for a boat trip on the Niagara River just before his death..... "

Ironically enough, that could make things worse. As one of the provisions of the NY SAFE act is stolen/lost firearms must be reported within 24 hours or result in a misdemeanor. Everytime I see something like this, I am more thankful I got out of NY.
 
"...going to search all 12 of our houses?..." What makes you think they wouldn't? Buffalo cops have nothing to do after the side walks are rolled up at 5 PM week days. Spent a month in downtown Buffalo one week. Still have nightmares.
 
And they say registration doesn't lead to confiscation. I have to register my car too. Does that mean the gubmit gets it when I die? I'm not too worried about the place I live taking my car. But if I lived in Buffalo...
 
It is not confiscation it is for safe keeping <sarcasm> when the estate can get a permit and petition the court for their return.
 
One easy way to get around this. Co-register. All my father's handguns are also on my permit and my mother's permit. Perfectly legal. If anything happened to him, my mother or I legaly take possession of the pistols, and NY has no say in it.
 
But... but... police are pro 2nd amendment. I guess there were no M14's sent to their dept for them to rob
 
I'm curious about the legal timeframe following death.

Is it likely - or even possible - for one to transfer/receive a new permit in the 15 days allowed.

This, assuming one isn't otherwise engaged in more pressing post-death activities.

It is after all a permit scenario so mandatory compliance or legal disposal I understand... A mere 15 days, I do not.
 
ApacheCoTodd said:
Is it likely - or even possible - for one to transfer/receive a new permit in the 15 days allowed.

It might be possible to transfer firearm ownership in NY in 15 days. Depends on county and if both parties have a permit to own/buy handguns. Different from a CCW permit. I would wager it is downright impossible for a party to get a new permit to receive firearms from a deceased person, as the wait time for my purchasing permit in NY was 8-12 months.
 
The governing body who holds the registration paper can act to absorb the firearm at any time they deem necessary. Therefore when a firearm is registered, you are the owner only in as much as you are allowed by law to retain physical possession of the said item. So I ask, under such a system do you truly own the firearm? Given this relationship do the laws which seek to control possession become voidable with the possibility of negation?
 
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