NY State regulations

[Kim K]

My question is: Does anyone know what should legally happen to the handguns and long guns when an FFL holder/gun dealer (my father) passes away?

I notified ATF and the local Sheriffs Department of his passing. The sheriffs came and took ALL of the guns (I believe they were only required to take the handguns). The Sheriffs Dept. insisted they take them all for "safekeeping". Subsequently the sheriffs department was flooded and all the guns were lost and ruined. So much for safekeeping. I now need to present a case to the county's financial committe to request reimbursement for the guns lost. I believe they ARE liable. I need to know if I did everything right and what the laws and regulations are regarding them taking the guns. If they were right to do so. I NEVER heard from the ATF after reporting my fathers passing. The Sheriffs did notify the ATF that the guns were flooded and ruined and ATF was no longer interested in this case since they were no longer viable weapons. They never came and checked the books or looked at the guns. I have been asked to present proof at this meeting ....something in writing, a tangible law as to what should have happened. Any thoughts from anyone??? Thanks in advance.

 

[AirForceShooter]

Call a lawyer.

Sorry to say that but I'm not sure anybody here will have an answer

AFS

 

[Kim K]

I have a lawyer but he is mearly handling the estate...he is not familiar with gun laws and regulations. Just not his forte. Thanks.

 

[drsfmd]

Then hire a lawyer who specializes in this sort of thing. What county are you in?

 

[AirForceShooter]

a second thought.
there may be a home owners claim for flood loss.

AFS

 

[drsfmd]

I doubt homeowners will cover a business loss, but if his business insurance policy hadn't been cancelled yet, that's worth looking into. Do you have any proof of destruction or do the officers all have shiny new guns on your dime?

 

[ATBackPackin]

The Sheriffs did notify the ATF that the guns were flooded and ruined and ATF was no longer interested in this case since they were no longer viable weapons.

They are no longer viable because they were in a flood? Have you physically seen the guns? Doesn't pass the smell test to me.

Also if they confiscated the guns for safekeeping, it would seem to me that they are absolutely liable. However I am not a lawyer.

Good luck.
Shawn

 

[hermannr]

IMHO the Sheriff is liable...you need a good liability lawyer, it would help that he knows the gun laws too, but not essential...

Property was siezed, and through the countiy's negligence damaged...it's that simple...liability is the name of the game here...may be able to get that liability lawyer to go on contingentcy.

Your father's insurance would only cover this if the weapons were "stolen". Maybe knowledge of firearm's laws would help there, but it would be hard to prove the Sheriff stole the weapons under color of law.