Friend of mine just had to surrender his handguns (some lessons learned here)

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Torian

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So a close acquaintance of mine, who lives in New York State, just received a letter from a judge stating he had to turn his handguns into the police (permit temporarily suspended)

The backstory was he had secured his firearm in his car prior to going into a local bar (doing the right thing), then somehow forgot he left the weapon in the car, and later that night assumed it was stolen from him in the bar, reporting it to the authorities. I think he had a few more drinks that night than he will admit.

In New York State, you have a limited window to report the loss or theft of a firearm before it can be held against you legally. While he ultimately found his handgun later (still in his vehicle), he had already reported its loss, and the police were in the midst of conducting a significant investigation when he had to call them and explain it was buried in a pile of clothes in his car. Talk about an awkward conversation. While it was a risky decision on his part, I can understand why he initially reported it to the police, as his fear of a lost firearm on the streets potentially being used in a crime was greater than his potentially losing track of where he had secured it. Unfortunately, falsely accusing someone else of a crime because you forgot where you secured your gun after drink that night never reads well in the police report.

The deputy in charge of the investigation wrote up the case putting my friend in a very bad light: "Older gentlemen has a few drinks, loses track of his gun, reports it as stolen, forcing police to interrogate an honest business and numerous persons that had done absolutely nothing wrong, then finds it 5 days later". He is going to see the judge that suspended his permit a couple weeks from now to make his case on why it should be reinstated. What he has going for him is absolutely nothing on his record...and that's about it. Some lessons learned I explained to him were as follows:

- Maintain positive control of your weapon at all times (that means keep it holstered on your body, at all times)

- Don't leave firearms in the vehicle unless it is under extenuating circumstances (the risk of theft is far too high)

- Don't mix guns and alcohol...ever. This should be obvious...and the legal ramifications will only be worse since he admitted he had a few drinks that night, potentially impairing judgement.

- Some states view concealed carry as a privilege, not a right. In this case, my friend assumed far too much in that cops would cut him slack, and it was quite the opposite.

- Before you report a gun as stolen or lost, you better make damn sure that is the case, because police don't appreciate wasting their time on a BS case ultimately due to negligence on a gun owner's part.
 
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So in New York you must have the written permission of the State to own a handgun?

When permission to own a handgun is taken away the owner must surrender them to the State without compensation?

I can understand why the State would suspend his conceal carry permit pending a hearing but do not understand being forced to turn over any (let alone all) of his handgun(s).
 
Tough situation, in a tough political environment.

Many years back, a new major mall had opened near me, a mall whose parking lot was so sprawling that people were constantly reporting their cars stolen when, in fact, they simply could not find them. One day, I parked a brand new Toyota 4x4 truck there, a hot item at the time for car thieves, in a row overlooking a hill. Sure enough, when I came back out later and walked straight to the only row I knew of that overlooked a hill, my truck was not there (ironically, there was another that was of the same year, model, color, and markings.) After some nearby searching, I went to the security office to have them contact police. The security personnel refused to make such a report until I had first been driven around in one of their vehicles to double-check that the vehicle was indeed missing. I was sure that this was unnecessary, but went along with it. Of course, there was indeed another section of lot that had a row overlooking a hill, and another black, new Toyota 4x4 in it that my keys fit the doors to. More embarrassing was that I was myself a police officer, though not in that city.

Now, looking back, I guess it was a good thing security insisted on driving me around. Had I reported my truck stolen, then found it later, I might have been required to surrender it and my driver's license..! :D
 
So in New York you must have the written permission of the State to own a handgun?

When permission to own a handgun is taken away the owner must surrender them to the State without compensation?

I can understand why the State would suspend his conceal carry permit pending a hearing but do not understand being forced to turn over any (let alone all) of his handgun(s).

The way I understand it, you may not legally own a handgun without a permit in New York State. The removal of the permit requires you to surrender those handguns.

It is bad enough I had to inform my branch manager that if the Army put me on orders for Ft. Drum, it would put a significant financial burden on me, having to separately transport and secure a large portion of my legally owned firearms out of the state while living in that state. You may not retain physical control of your handguns either while waiting for the New York State permit. When my friend applied for his permit, there was a waiting period of over a year before he could obtain the permit. The state is not friendly to gun owners.
 
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NY is the worst state I have ever personally lived in with regards to firearms. Unless national reciprocity passes, I will never live there permanently ever again. At great financial cost (around $200) I applied for a purchasing permit in upstate NY when I still lived there. As the state requires a permit just to buy handguns. And any handguns you do own are added to the permit. A few months later I moved south. 6 months into living and carrying a firearm legally in the south, I received a rejection letter from the wonderful folks of the NYS police for my NY permit. If the NRA wants to win a lot of friends, they need to tackle NY's laws.
 
You sure he wasn't drinking and then decided to toss the gun in the car? I could understand him forgetting where he put his gun in that case.
 
First let me say that I hope someone finds what I am about to post, to be useful.

In addition to the above, the police have very broad discretion on what they choose to report back to the issuing judge...in other words, they were free to ignore it entirely, and amend the report to read "Subject later reported to this unit that handgun was found in his vehicle. Investigation complete."

Comments regarding the NYS handgun licensing laws aside, it's worth noting that a judge in ANY state can issue you a court order to not possess firearms. This can happen to anyone, any time.
 
First let me say that I hope someone finds what I am about to post, to be useful.

In addition to the above, the police have very broad discretion on what they choose to report back to the issuing judge...in other words, they were free to ignore it entirely, and amend the report to read "Subject later reported to this unit that handgun was found in his vehicle. Investigation complete."

Comments regarding the NYS handgun licensing laws aside, it's worth noting that a judge in ANY state can issue you a court order to not possess firearms. This can happen to anyone, any time.

It is a helpful opinion, however I don't believe that occurred here. It appears that only his permit for handguns was suspended by the judge, and by virtue of the loss of the permit, he was no longer legally permitted to own handguns. I am unclear however how much of this decision involved the judge vs. the department of licensing for NYS. He was still permitted to retain possession of his long guns, and was not directed to turn those in.

Being a military guy, I just can't fathom how anyone could lose track of a firearm like this, but I guess that's just me.
 
It is a helpful opinion, however I don't believe that occurred here. It appears that only his permit for handguns was suspended by the judge, and by virtue of the loss of the permit, he was no longer legally permitted to own handguns. I am unclear however how much of this decision involved the judge vs. the department of licensing for NYS. He was still permitted to retain possession of his long guns, and was not directed to turn those in.

Being a military guy, I just can't fathom how anyone could lose track of a firearm like this, but I guess that's just me.

Torian...I apologize that apparently I didn't write as clearly as I could have. I wasn't speculating...that's how the process works here in NYS.

Pistol permits are issued by county judges, and they have COMPLETE discretion.

When the police go and tell the judge something like this, they issue a court order to suspend the permit and turn in all your handguns.

The pistol permit office at county level does only what they're told by the judge. Pistol Permit Bureau in Albany does very little other than receive records.
 
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I am very surprised this can happen. I dont fully understand what actual law was broken or how this man could pose as a danger to somebody.

Or maybe what is really bothering me is how having a permit is often treated as a privilege rather than a right.
 
Torian...I apologize that apparently I didn't write as clearly as I could have. I wasn't speculating...that's how the process works here in NYS.

Pistol permits are issued by county judges, and they have COMPLETE discretion.

When the police go and tell the judge something like this, they issue a court order to suspend the permit and turn in all your handguns.

The pistol permit office at county level does only what they're told by the judge. Pistol Permit Bureau in Albany does very little other than receive records.

Appreciate the additional information. This is one sad state to be in as a gun owner.
 
NY is bad, but not the worst. They issue carry permits, almost impossible to obtain in NYC, but fairly reasonable in many of the other 57 counties throughout the state.

HI, no carry permits have been issued in over a year on Oahu, the island with the largest population. I understand they are also not renewing existing permits.
 
NY is bad, but not the worst. They issue carry permits, almost impossible to obtain in NYC, but fairly reasonable in many of the other 57 counties throughout the state.

HI, no carry permits have been issued in over a year on Oahu, the island with the largest population. I understand they are also not renewing existing permits.

Agree. As bad as New York is gunwise, Hawaii, and probably also Maryland, are considerably worse.
 
Your "close friend" drinks too much & also drives drunk; drunk enough to not know where his gun is & driving home from the bar in that condition. I'm OK with him not having access to firearms. No one who puts the lives of others at risk should own firearms. Innocent people have rights, too; "innocent people" being other drivers, bicyclists & pedestrians.
Are you really that desperate for friends?
 
New York's Sullivan Act was an attempt to deny recent immigrants to the USA the right to carry arms in self defense.

Being passed in 1911, the 'low browed foreigners' were mostly Italian.

It prohibits not only the carrying of a concealed weapon, but it's possession without a permit. It's actually illegal to handle a pistol without a permit, with the exception of a few Special conditions- it's actually illegal to allow your child to fire your legally owned pistol at a range ( unless you are a NRA instructor).

New York State didn't allow the 1994 Assault Weapons Ban to 'sunset' in 2004 as the rest of the Nation did, and in 2013 passed the SAFE act in the dead of night to capitalize on the Sandy Hook massacre.

It's possible that NYS is even lower than Hawaii, with NJ running a close second. As I used to travel from NY to FL seasonally, I did a lot of checking and double checking on the gun laws, and Maryland's are the most difficult to decipher- I'm still not sure if I was breaking them while driving through...
 
NY is bad, but not the worst. They issue carry permits, almost impossible to obtain in NYC, but fairly reasonable in many of the other 57 counties throughout the state.

Clinton county, where I applied for my permit, brags that they haven't issued an unrestricted concealed carry permit to anyone since 2008.
 
It's actually illegal to handle a pistol without a permit, with the exception of a few Special conditions- it's actually illegal to allow your child to fire your legally owned pistol at a range ( unless you are a NRA instructor).
Not quite. The loophole is a tiny bit bigger than that. If your child is over 14 but under 21, you can be the supervising adult, even if you're not an NRA instructor. Here are the applicable statutes:
PL 265.20(7)(e) 7-e. Possession and use of a pistol or revolver, at an indoor or
outdoor pistol range located in or on premises owned or occupied by a
duly incorporated organization organized for conservation purposes or to
foster proficiency in small arms or at a target pistol shooting
competition under the auspices of or approved by an association or
organization described in paragraph 7-a of this subdivision for the
purpose of loading and firing the same by a person at least fourteen
years of age but under the age of twenty-one who has not been previously
convicted of a felony or serious offense, and who does not appear to be,
or pose a threat to be, a danger to himself or to others; provided

however, that such possession shall be of a pistol or revolver duly
licensed to and shall be used under the immediate supervision, guidance
and instruction of, a person specified in paragraph seven of this
subdivision.


PL 265.20(7) 7. Possession, at an indoor or outdoor shooting range for the purpose
of loading and firing, of a rifle or shotgun, the propelling force of
which is gunpowder by a person under sixteen years of age but not under
twelve, under the immediate supervision, guidance and instruction of (a)
a duly commissioned officer of the United States army, navy, air force,
marine corps or coast guard, or of the national guard of the state of
New York; or (b) a duly qualified adult citizen of the United States who
has been granted a certificate as an instructor in small arms practice
issued by the United States army, navy, air force or marine corps, or by
the adjutant general of this state, or by the national rifle association
of America, a not-for-profit corporation duly organized under the laws
of this state; or (c)
a parent, guardian, or a person over the age of
eighteen designated in writing by such parent or guardian
who shall have
a certificate of qualification in responsible hunting, including safety,
ethics, and landowner relations-hunter relations, issued or honored by
the department of environmental conservation; or (d) an agent of the
department of environmental conservation appointed to conduct courses in
responsible hunting practices pursuant to article eleven of the
environmental conservation law.
 
Your "close friend" drinks too much & also drives drunk; drunk enough to not know where his gun is & driving home from the bar in that condition. I'm OK with him not having access to firearms. No one who puts the lives of others at risk should own firearms. Innocent people have rights, too; "innocent people" being other drivers, bicyclists & pedestrians.
Are you really that desperate for friends?

If we disowned friends and family every time someone was a careless idiot, there wouldn't be too many left at the end of it all. Notice when I started this thread, rather that defending him, I was listing the various lessons learned from this situation.
 
Sorry for your friend's situation. I lived in NYS for many years, eventually getting the "Hunting & Target Shooting Only" restriction removed from my pistol permit. At least I lived in a county where the judge would issue non-restricted permits when convinced; many judges won't. Beautiful state, and I love hunting their ... but I don't miss living there.
 
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