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Gun Rescue

Discussion in 'Legal' started by ZeSpectre, Apr 8, 2008.

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  1. ZeSpectre

    ZeSpectre Member

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    What a mess. A friend called me to ask for some advice on the following issue.

    His great uncle (91 years old) lives in NYC but was recently diagnosed with Alzheimer's disease and it has been progressing rapidly to the point that the family in FL has laid down the law and the great-uncle has now moved to FL to live with the rest of the family.

    So they have to come up to NYC and clean out the apartment.

    The problem.

    In one of his lucid times the great-uncle divulged to my friend that he has two "unregistered" (his words) pistols in the apartment in NYC and my friend is trying to figure out what to do about it so he called me asking for advice.

    Here's the part that'll make you sick.

    One is a -near pristine- US Issue Colt 1902 Alaskan in .45 LC (worth about $3,000 as far as I could determine).

    The other (I just want to cry) is a Smith & Wesson Registered Magnum with box and papers, also in basically pristine condition but for a small chunk out of the bottom of one grip.

    I couldn't, for the life of me, come up with a legal way for the family to get these guns out of NYC and down to Florida so I'm calling for a THR brainstorm on how to save these guns.

    (We HAVE to keep it legal, my friend won't do it any other way.)
     
  2. Len S

    Len S Member

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    Florida does not have a registration law that I know of. There is no law keeping the uncle from bringing his guns to Florida and then giving them to a relative since they are now both in the same state.


    Len
     
  3. CaptMac

    CaptMac Member

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    I agree with Len, and as long as it his personal property I would move it, I would not assign a value or worth because as long as they are within NYC they are worthless.
     
  4. ZeSpectre

    ZeSpectre Member

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    Great-Uncle, not grandfather. And the problem with that is the Great-Uncle won't be traveling again (probably ever) and is "non compos mentis" at this point so he can't (as I understand it) legally do ANYTHING anymore.
     
  5. CaptMac

    CaptMac Member

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    I am sure if he has been found to not to be in control of either his mental or physcial faculties then the court has assigned a caretaker. If I were the caretaker I would take his personal property to his state of residence. If you are looking for a can they be transfered to a dealer in NYC I think the short answer is no and you may as well call NYPD and turn them over to them because they have no worth or value under those conditions.
     
  6. doc2rn

    doc2rn Member

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    If the Great Uncle gifted them to your friend they are his personal property mearly go get them and drive them home, easy enough.
     
  7. General Geoff

    General Geoff Member

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    Get them out of NYC as discreetly as possible.
     
  8. csmkersh

    csmkersh Member

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    And as soon as possible.
     
  9. NavyLCDR

    NavyLCDR member

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    Without researching for hours in the New York State Code and NYC ordinances, I would say you are going to have to contact a good, gun friendly lawyer. And that is coming from me, of all people!

    If it were me, they would go in a very generic cardboard moving box that is the first box loaded way in the front and bottom of the uhaul van with all the other belongings. Once they are out of New York State, you have no legal problems at all, as long as either Great Uncle's residency has changed to Florida, or the property was assigned to a caretaker whose residency is in Florida.

    DO NOT DO NOT DO NOT DO NOT call the NY State police or NYC PD. Although I am sure a certain person on this board will advise you to call them and the ATF.
     
  10. ZeSpectre

    ZeSpectre Member

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    This would be my friend's older brother.

    No worries there. As a former NY'er myself I strongly warned my friend to keep his mouth tightly shut until I'd done some research for him.

    I already told him I'd wrap 'em up in socks at the bottom of a foot locker packed in the middle of the truck and in the worst case scenario you could say "oh hell, we just brought stuff out and put it in the van, we never even looked inside". My friend didn't think much of that idea though.
     
  11. Chester32141

    Chester32141 Member

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  12. xjchief

    xjchief Member

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    As I read it the only problem is that the guns are physically in NYC and have not been properly registered there.

    If, theoretically of course, those guns were removed from the boundaries of NYC, there'd be no problem. There is no registration here in FL.

    Having an unregistered firearm in NYC is a crime and it would be foolish to act without consulting a lawyer before doing anything and that includes calling the police.

    Are you sure these guns aren't registered?
     
  13. ZeSpectre

    ZeSpectre Member

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    Beats me. As far as I know there isn't a whole lot of dependable information coming out of the Great Uncle anymore.
     
  14. Art Eatman

    Art Eatman Administrator Staff Member

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    Unless somebody is an attorney who's familiar with New York gun laws, we're probably better off not speculating--and particularly better off not advocating what might be legal no-nos.
     
  15. 357WheelGun

    357WheelGun Member

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    Check with a real lawyer first. Get them on retainer so you have attorney-client privilege of course.
     
    Last edited: Apr 8, 2008
  16. NavyLCDR

    NavyLCDR member

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    I've been researching the NYC statutes. Even if the guns were legally registered and Great Uncle had the proper permit for possession, nobody else without a permit issued by NYC could move those guns. And to move those guns through NYC requires a special movement permit as well. I think the only way to retrieve these guns legally would be to obtain a court order from a judge with jurisdiction in NYC and I can pretty much guess what the answer would be on that one. You might as well be asking for Great Uncles stash of coke to be turned over to the estate caretaker!

    To sell a hangun in NYC, as a permit holder, you have to contact the NYPD before the sale as well. I think the only LEGAL thing for you to do is turn them over to NYPD, and by that I mean call them and have them come get them, I wouldn't touch them, if I were going to handle it strictly legally (and I am not saying that I would!)

    Ignorance is bliss, too bad he knew about this ahead of time and didn't just move a box with the contents unknown....
     
  17. jaholder1971

    jaholder1971 Member

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    Pack them with the rest of the belongings and take them to Florida. By the time you're out of the state it's no longer New York's concern and you're traveling peaceably in accordance with Federal law.

    Involving the law here would likely get the weapons seized and some innocent person prosecuted.
     
  18. bruss01

    bruss01 Member

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    From my limited understanding, there is no LEGAL way for anything to be done about these guns, other than call the cops to have them taken away and destroyed.

    *sigh* there comes a time in a man's life where he has to choose between what is LEGAL and what is RIGHT. It sounds like you and your friend have arrived at that crossroads.

    It is most likely not LEGAL to stuff them in socks in the bottom of a box or trunk and move that box or trunk along with 57 others exactly like it down to the U-haul pickup you have rented for the day, and drive it out of state. Nope, probably not legal at all. But would it be right? I don't think anyone can make that call for you - and good luck with the choices you make in life - sometimes courage is rewarded, sometimes it is punished, but sometimes we have to take some risks to follow our conscience. I trust you will make choices that you can live with.
     
  19. xjchief

    xjchief Member

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    I think we've all made our point.

    He's got two choices. It's up to him now. I hope he does the right thing. ;)
     
  20. ZeSpectre

    ZeSpectre Member

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    Well I pointed my friend to this thread so he can read it. That's it for me I'm bowing out.

    Thanks for the help folks!
     
  21. Treo

    Treo member

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    Do you think that the NYPD is going to magically know that you have two unregistered ( maybe) guns in your U-Haul?

    God I'm glad I live in Colorado
     
  22. Nobody's_Hero

    Nobody's_Hero Member

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    I never read this post.

    (And I would do whatever I could to rescue them)

    But, mostly, this conversation never happened.
     
  23. Gingerbreadman

    Gingerbreadman Member

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    Could they be transferred to a dealer in New York state (outside of NYC)?
     
  24. Mike OTDP

    Mike OTDP Member

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    I'll merely observe that turning the guns over to the NYPD is exactly like taking five crisp new thousand-dollar bills and throwing them into a shredder.

    Once the guns are out of NYC, they can be kept for heirs or sold to raise funds to cover medical expenses.
     
  25. Nightwing

    Nightwing Member

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    Ok I'm sorry but this thread.... it boggles my mind.

    Go to New york. Get the Guns. go to Florida.
    What's the problem?

    If these guns are worth that much, I'LL GO GET THEM AND TAKE THEM HOME, because i sure as heck don't want to see them just left there to be taken by some schmoe that moves in after he leaves.
     
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