Buffalo to seize guns from families following owners' funerals

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  • rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    And what happens to the guns once they are seized to "keep them off the streets"? Please tell me the LEOs don't sell them back to FFLs for a profit... which means they end up back in public hands, just like some buyback programs... :innocent0
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    Yes, well applied, this law could keep the drug addled screw up progeny of an upstanding citizen from getting handguns. There is always a "however" and this is mine. I see this as an example of why I have a problem with the exercise of a right dependent on a permit/license scheme, even if it is shall issue.
    It is not a far fetch that whoever that is named to inherit those handguns, so long as they are not a prohibited person, can take possession, keep and bear the handgun all under the same roof as the decedent kept and bore those handguns.
    I doubt even our opposition would deny that the Heller decision affirmed handguns as being in common use as well as affirming the right to keep and bear in the home. I see the enforcement of this law as ripe to go against the Heller decision. If they take them, there had better be an easy way for those that inherit them to get them back. It could also be a part of the probate process without the state taking anything.
    I hope this is a good vehicle in NY to challenge the permit for possession of a handgun requirement. Since NY has gone off the deep end, might as well throw everything at the wall and see what sticks.
     

    Brychan

    Ultimate Member
    Apr 24, 2009
    8,391
    Baltimore
    Since when does someones property become the states upon their demise?

    The wife's response should be "you must be mistaken officer, my husband was a good democrat, he had no guns and is still voting for the party" :)
     

    Scottysan

    Ultimate Member
    MDS Supporter
    May 19, 2008
    2,433
    Maryland
    Since when does someones property become the states upon their demise?

    This.
    Guess there is no provision in the NY State code for probate transfer, such as is common for real property?
    Seems they would have thought at least ONE step ahead in the process, when they were stripping those people of their rights and writing new laws.
    WTF, was it amateur night?

    Oh... right...forgot who was writing them...:sad20:
     

    jjbduke2004

    Ultimate Member
    Oct 19, 2008
    1,764
    Morris Oblast, NJ SSR
    When I last considered applying for a permit in NYS (in a county that would "restrict" to target and hunting purposes), the form wanted you to designate another permit holder to receive your guns in the event you lost your permit, became disabled/disqualified, or died.

    I see this as an extension of that, just on a more invasive scale.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    The more I think about it the more I like the idea of giving my guns away to freedom loving people before I die... sort of a final act of defiance. ... and before you guys start lining up for this great karma... let me state that I hope that it will be several decades from now. ;-)

    I'm in 457.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,597
    Glen Burnie
    What's the normal course of action for NFA items after the death of an owner? Assuming its not in a trust what happens?
    NFA items get transferred tax free to the next of kin beneficiary of the estate - I think it's a Form 5 that has to be filled out, and I think it's supposed to be done within 90 days of the passing of the owner.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    Yes, well applied, this law could keep the drug addled screw up progeny of an upstanding citizen from getting handguns.

    Could also deny survivor's self defense that they had been relying upon.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    Derrenda said guns pose a threat if their owner is no longer alive to safeguard them, especially if a recently-deceased gun owner's home is burglarized.

    Because of course all homes are all unoccupied when one family member dies.

    "At times they lay out there and the family is not aware of them and they end up just out on the street," he said, according to WGRZ.com.

    Because nobody has ever heard of a gunsafe, or even a locked cabinet but instead store their firearms "on the street".

    The state law says that if the permit holder dies, the estate has 15 days to dispose of the guns

    Because everyone knows probate never takes more than two weeks.

    I guess I know where to go if I ever need someone to attempt to polish a turd.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    They are certainly becoming more and more creative in their confiscation schemes.

    Once your dead, you loose your gun rights.

    And since they weren't purchased in someone else's name, those who are alive have no claim to them.

    It's never going to end.
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    They are certainly becoming more and more creative in their confiscation schemes.

    Once your dead, you loose your gun rights.

    And since they weren't purchased in someone else's name, those who are alive have no claim to them.

    It's never going to end.

    It'll end. I see moves like this as a sign of desperation. They're losing this gun control fight on all fronts, so they're playing games trying to do anything they can as quickly as they can to stay ahead of the courts. Courts don't like games, so they'll get slapped down eventually, but we have to keep using every legal avenue to fight against them in the meantime.

    We're the ones who are winning, so take heart and keep at it.

    Code:
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    It'll end. I see moves like this as a sign of desperation. They're losing this gun control fight on all fronts, so they're playing games trying to do anything they can as quickly as they can to stay ahead of the courts. Courts don't like games, so they'll get slapped down eventually, but we have to keep using every legal avenue to fight against them in the meantime.

    We're the ones who are winning, so take heart and keep at it.

    Code:

    Meanwhile, they are taking valuable property that could be sold off or kept by other family members.

    Court battles take years and years and years and most folks don't have the means to fight city hall. Even if a person did have the means, the legal fees will outweigh the value of the guns in most instances.

    And I highly doubt the state of New York has built an enclosed and humidity controlled warehouse to store the dead persons guns. Sooooo, once those guns are removed they are gone forever.

    The really nice pieces will be placed into the private safes owned by the ones who confiscated them.

    The rest will get sold, melted down, or stripped and sold off as parts guns to fill the town coffers.

    Those who mean to control us have figured all of this out and, again, it ain't gunna end.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,157
    article from bearing arms

    “We recently started a program where we’re cross referencing all the pistol permit holders with the death records, and we’re sending people out to collect the guns whenever possible so that they don’t end up in the wrong hands,” said Police Commissioner Daniel Derrenda [sic].” Because at times they lay out there and the family is not aware of them and they end up just out on the street.”
     

    jkeiler

    Active Member
    Mar 25, 2013
    536
    Bowie
    Forget the 2d Amendment. How is this not a violation of the 5th Amendment which prevents the taking of property by the government without compensation? In the case of a deceased person it is still private property that should follow the testator's will or laws of intestacy.

    The article suggests that the State can "hold" the guns for two years. Maybe that means that the beneficiaries would that time to effect some other kind of sale or transfer? If not, I can't see how the law is unconstitutional on its face.
     

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