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Get the latest facts on the new NY SAFE gun laws that effect you!

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28 replies to this topic

#1 Wowzer

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Posted March 05 2020 - 03:37 PM

My friend just inhereted a semiauto from his father. It looks like an unregistered gun from WW II. Is there any way for him to make it legal? My friend has a NY license...his father may have had as well.

Does anyone have experience on this?

If an attorney is needed, is there someone to recommend?

Thanks.

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#2 boosti

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Posted March 05 2020 - 05:12 PM

My friend just inhereted a semiauto from his father. It looks like an unregistered gun from WW II. Is there any way for him to make it legal? My friend has a NY license...his father may have had as well.
Does anyone have experience on this?
If an attorney is needed, is there someone to recommend?
Thanks.

It was 15 days upon discovering a handgun to bring it to a Police station without any penalty, this was common with war souvenirs found in a home. The penal law has a provision for that. You may go in person to the precinct. The Police would like to see a death certificate and an expired pistol license if it was ever registered . Another option is an FFL take it and put it on there books.

#3 Wowzer

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Posted March 05 2020 - 05:30 PM

So does the FFL need a copy of the death certificate too? Thanks for the info. It is appreciated.

#4 Wowzer

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Posted March 05 2020 - 05:32 PM

Part of the reluctance to bring to Nassau PD is concern that they may confiscate it. I doubt it was ever on the books.

#5 pequa1

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Posted March 06 2020 - 07:48 AM

I found a semiauto WW2 bringback in my mom's attic when I was selling her house in 2004.   I didn't have my pistol license that long at the time (I assume this thread involves a pistol) and got a notarized letter from my SIL attesting to the find, her recall my dad was a vet and brought it to my local precinct, the 7th, requesting it be run through the "checks" at Mineola so that it could be added to my license.   (I removed the mag!)   They did give me a receipt.   About 5 weeks later I got a call from the property clerk (down the hall from the PLB) to come and get it.   He and I walked it over to the PLB (either before or after I purchased a purchase order for ten bucks) and had it added to my license.   The gun itself sucks but no way was I parting with it.



#6 firemanvin

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Posted March 06 2020 - 07:49 AM

It was 15 days upon discovering a handgun to bring it to a Police station without any penalty, this was common with war souvenirs found in a home. The penal law has a provision for that. You may go in person to the precinct. The Police would like to see a death certificate and an expired pistol license if it was ever registered . Another option is an FFL take it and put it on there books.

 

I have knowledge of a the same situation a few years ago.

 

 

Called SCPDPLB.  Officer advised that unless official paperwork can be provided that shows that the gun was given to the deceased person as a "war prize", it is not possible to put the gun on a pistol license holder's license and the only option was to bring the gun in and surrender it for destruction.  They actually have a name for it, I think they call it a nuisance gun or something like that.  Maybe a different officer will tell you of a more friendly approach, but it seems to be risky, and you have very little recourse once they get their hands on it.

 

The only "provision" in the penal law is as described above.  You have up to 15 days to surrender the gun.  There is no provision that covers past 15 days (15 days goes by pretty quickly).  After 15 days you could be charged criminally for holding on to it for more than 15 days.  There is no provision that covers the process of legally registering it, and getting it back.  Worse case scenario (if they decide to charge you), you'll never own another gun again in your life.

 

A NYS based FFL will not take the gun for transfer purposes.

 

An out of state (free state)  FFL (for example Pennsylvania) may take the gun for transfer purposes, but transporting the gun to the out of state FFL could be problematic while in transit, until you get into the "free" state.



#7 Gary_Hungerford

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Posted March 06 2020 - 07:49 AM

So does the FFL need a copy of the death certificate too? Thanks for the info. It is appreciated.

 If s/he is within the NY 15 period and it was registered:

Yes, the FFL will need a copy of the death cert, plus proof that s/he is the estate's administrator, plus a copy of the decedant's handgun license, showing it was on there, as the administrator is the only person who is legally able to do the transfer.

 

If it wasn't registered:

No FFL will touch it. S/he will have to bring it to the licensing agency, in the jurisdiction in which his/her handgun license is issued, have them log it, with the explanation; then, after it's cleared all criminal use checks, s/he can have it added to his/her handgun license.

 

Gary


Edited by Gary_Hungerford, March 06 2020 - 07:51 AM.

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#8 pequa1

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Posted March 06 2020 - 07:59 AM

I found a semiauto WW2 bringback in my mom's attic when I was selling her house in 2004.   I didn't have my pistol license that long at the time (I assume this thread involves a pistol) and got a notarized letter from my SIL attesting to the find, her recall my dad was a vet and brought it to my local precinct, the 7th, requesting it be run through the "checks" at Mineola so that it could be added to my license.   (I removed the mag!)   They did give me a receipt.   About 5 weeks later I got a call from the property clerk (down the hall from the PLB) to come and get it.   He and I walked it over to the PLB (either before or after I purchased a purchase order for ten bucks) and had it added to my license.   The gun itself sucks but no way was I parting with it.

Edited to add that I did bring my dad's WW2 documentation and a bill from my mom's assisted living residence, and my SIL's letter attested to mom's dementia etc.  NY, gotta love it or leave it.



#9 boosti

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Posted March 06 2020 - 12:51 PM

I have knowledge of a the same situation a few years ago.
 
 
Called SCPDPLB.  Officer advised that unless official paperwork can be provided that shows that the gun was given to the deceased person as a "war prize", it is not possible to put the gun on a pistol license holder's license and the only option was to bring the gun in and surrender it for destruction.  They actually have a name for it, I think they call it a nuisance gun or something like that.  Maybe a different officer will tell you of a more friendly approach, but it seems to be risky, and you have very little recourse once they get their hands on it.
 
The only "provision" in the penal law is as described above.  You have up to 15 days to surrender the gun.  There is no provision that covers past 15 days (15 days goes by pretty quickly).  After 15 days you could be charged criminally for holding on to it for more than 15 days.  There is no provision that covers the process of legally registering it, and getting it back.  Worse case scenario (if they decide to charge you), you'll never own another gun again in your life.
 
A NYS based FFL will not take the gun for transfer purposes.
 
An out of state (free state)  FFL (for example Pennsylvania) may take the gun for transfer purposes, but transporting the gun to the out of state FFL could be problematic while in transit, until you get into the "free" state.

Depending on the agency, I bought a house and found two revolvers. I notified the county sheriff’s non emergency line and a sergeant responded to the residence. I was contacted four years later that my two revolvers were in the property locker. I thought that these two revolvers were destined for the scrape yard as I spoke to a lieutenant about the possibility of registering them. He said No, we don’t know who owns them so therefore they will be destroyed. I guess, property sold through a real estate sale becomes the property of the new owner. I didn’t pursue it or bother to follow up on it as I have a nice handgun collection. If the items are not stolen or ever registered it is possible to take full possession of them.
A 1948 S&W 6” Target Master and 1918 Webley MK VI in .455 with Australian Army stamps no import Mark. I would definitely research it a bit further if you wanted them.
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#10 Urban Tarzan

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Posted March 06 2020 - 04:29 PM

Outside NY you can just put it in your holster and wear it like a trophy!!
Dont destroy it , dont turn it in, take it to a relative or friend who lives in a free state for safe keeping and or sell it !
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#11 mvphilly

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Posted March 06 2020 - 05:04 PM

Keep it safe and undisclosed til you move outta here.



#12 grifhunter

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Posted March 06 2020 - 10:57 PM

".....I spoke to a lieutenant about the possibility of registering them. He said No, we don’t know who owns them so therefore they will be destroyed."


I love how people just take the police department's word  on what the law is.   Jeesh. 
 
 
 
 
 
 
 
 
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Edited by grifhunter, March 06 2020 - 10:59 PM.

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#13 boosti

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Posted March 07 2020 - 07:37 AM

".....I spoke to a lieutenant about the possibility of registering them. He said No, we don’t know who owns them so therefore they will be destroyed."
I love how people just take the police department's word on what the law is. Jeesh.








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#14 boosti

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Posted March 07 2020 - 07:41 AM

".....I spoke to a lieutenant about the possibility of registering them. He said No, we don’t know who owns them so therefore they will be destroyed."
I love how people just take the police department's word on what the law is. Jeesh.
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Never did I take that Lieutenant’s word as law. I knew it was possible to get them registered but didn’t care about being bothered. When the Sheriff’s Department notified me they said I may place those revolvers on my pistol license and it was easy.
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#15 NRATC53

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Posted March 07 2020 - 08:08 AM

My friend just inhereted a semiauto from his father. It looks like an unregistered gun from WW II. Is there any way for him to make it legal? My friend has a NY license...his father may have had as well.

Does anyone have experience on this?

If an attorney is needed, is there someone to recommend?

Thanks.

 

 

It was 15 days upon discovering a handgun to bring it to a Police station without any penalty, this was common with war souvenirs found in a home. The penal law has a provision for that. You may go in person to the precinct. The Police would like to see a death certificate and an expired pistol license if it was ever registered . Another option is an FFL take it and put it on there books.

If you have any capture papers, that will help a lot. They were commonly given toi the GI who took possession of arms taken from prisoners. Long gun or handgun? IF that item were to surface in a free state, and it was NY legal, it would be a simple matter to send from FFL there to FFL in NY


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#16 Lou G

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Posted March 07 2020 - 08:08 AM

When you ask on the phone you get that person's  interpretation of the law. Always write a letter then you will get a documented response. 


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#17 NRATC53

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Posted March 07 2020 - 08:09 AM

".....I spoke to a lieutenant about the possibility of registering them. He said No, we don’t know who owns them so therefore they will be destroyed."


I love how people just take the police department's word  on what the law is.   Jeesh. 
 
 
 
 
 
 
 
 
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Amazing how those in power don't know or willingly disregard the law. And they wonder why they are viewed with suspicion/derision



#18 Wowzer

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Posted March 08 2020 - 08:39 AM

I will pass the info on. I don’t know if there are any papers. It is a pistol P08.

#19 boosti

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Posted March 08 2020 - 11:00 AM

Amazing how those in power don't know or willingly disregard the law. And they wonder why they are viewed with suspicion/derision

You have to play politics especially when working in a Police Department. As most know the administration is anti gun and will use certain words like Public safety etc.
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#20 dr. glock

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Posted March 08 2020 - 03:54 PM

Sad that many pistols from WWII likely ended up being declared a "nuisance" and were left to rust or be destroyed. 

Good luck to your friend, I'm sure his father had a interesting backstory behind getting one and bringing it back with him.

 

I will pass the info on. I don’t know if there are any papers. It is a pistol P08.






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