I live in Suffolk idk if the rules are the same but im pretty sure upon demise your wife can safe guard your guns for up to 6 months in that time she can sell them to an FFL or hand them in to the police. If i had to guess if hes going to be come back to the house to live they aren't going to give them back unless he can get cleared by a doctor.
Friend's guns taken by NCPD due to dementia episode - Questions
Long story short, I have a friend in his 70's who is suffering from a worsening case of dementia. I don't know all of the details yet, but my understanding is that he was recently found driving aimlessly, was taken in by NCPD and is now in a hospital psych ward. Due to having a Nassau Pistol License, officers visited his house shortly afterwards and confiscated one or more pistols and probably one or more long guns. His wife is relatively healthy but does not have a pistol license or any interest in firearms.
What I'd like to know is, what is the standard procedure in this sort of scenario? Would the wife have been given a voucher for whatever firearms were confiscated? Assuming her husband will never be eligible to possess them again, can his wife arrange for sale of the firearms? If my friend or his wife take no further action to arrange for transfer or sale to another eligible individual, would NCPD eventually destroy his firearms after a period of time?
Thanks in advance.
What I'd like to know is, what is the standard procedure in this sort of scenario? Would the wife have been given a voucher for whatever firearms were confiscated? Assuming her husband will never be eligible to possess them again, can his wife arrange for sale of the firearms? If my friend or his wife take no further action to arrange for transfer or sale to another eligible individual, would NCPD eventually destroy his firearms after a period of time?
Thanks in advance.
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Pretty much....or they are transferred to someone else in the home and locked up.I live in Suffolk idk if the rules are the same but im pretty sure upon demise your wife can safe guard your guns for up to 6 months in that time she can sell them to an FFL or hand them in to the police. If i had to guess if hes going to be come back to the house to live they aren't going to give them back unless he can get cleared by a doctor.
Generally guns have to be held for 1-2 years legally, but usually it's longer than than if the people make arrangements if they must.
But to answer the OP's questions, the wife or the guys executor or agent have to say what they want done or not done with the guns.
Yes, the wife should have been given a detailed receipt and she should not have been deprived of the long guns, without her agreement. It's up to her, not the PD, how the long guns and hand guns should be disposed of. I would have her speak with her attorney.
Gary
Gary
"Assuming her husband will never be eligible to possess them again" because of his medical condition.
And because you said the "she has no interest in firearms." She can hire an FFL (you can help her find an FFL?) to go retrieve the husband's firearms from NCPD property dept. The FFL will put the firearms on their books.
opt 1: She can then sell them to the FFL or
opt 2: have the FFL sell them for her (consignment). Or
opt 3: You or someone else can buy them from her via FFL transfer.
The wife should have been given a receipt for the confiscated firearms. if not contact the officer or NCPD.
And because you said the "she has no interest in firearms." She can hire an FFL (you can help her find an FFL?) to go retrieve the husband's firearms from NCPD property dept. The FFL will put the firearms on their books.
opt 1: She can then sell them to the FFL or
opt 2: have the FFL sell them for her (consignment). Or
opt 3: You or someone else can buy them from her via FFL transfer.
The wife should have been given a receipt for the confiscated firearms. if not contact the officer or NCPD.
All,
Thank you for your input. I have another question: Would his wife be able to arrange for sale of some or all of the firearms without hiring an FFL? In other words, person A is interested in buying guns X, Y and Z. Can she take just the info (make, model and serial #) with her and person A to an FFL for the transfer then A would pick the gun up at NCPD?
I ask as I did something similar with a guy years ago whose Nassau Pistol License got suspended. He 'sold' me a pistol which I had to then provide a voucher to the County Clerk to pick up (plus have it added to my license at the Pistol section). This was well before SAFE passed though.
Thank you for your input. I have another question: Would his wife be able to arrange for sale of some or all of the firearms without hiring an FFL? In other words, person A is interested in buying guns X, Y and Z. Can she take just the info (make, model and serial #) with her and person A to an FFL for the transfer then A would pick the gun up at NCPD?
I ask as I did something similar with a guy years ago whose Nassau Pistol License got suspended. He 'sold' me a pistol which I had to then provide a voucher to the County Clerk to pick up (plus have it added to my license at the Pistol section). This was well before SAFE passed though.
I believe afterb the "unsafe act" all transfers must go thru an FFL,no more face to face anything.All,
Thank you for your input. I have another question: Would his wife be able to arrange for sale of some or all of the firearms without hiring an FFL? In other words, person A is interested in buying guns X, Y and Z. Can she take just the info (make, model and serial #) with her and person A to an FFL for the transfer then A would pick the gun up at NCPD?
I ask as I did something similar with a guy years ago whose Nassau Pistol License got suspended. He 'sold' me a pistol which I had to then provide a voucher to the County Clerk to pick up (plus have it added to my license at the Pistol section). This was well before SAFE passed though.
Mason is correct. Under the terms of the current SAFE Act, all transfers, other than those among immediate family members, must process through an FFL. The wife has the ability to retrieve the long guns, provided they're not semi-auto. Semi-autos now require an amended handgun license or a separate semi-auto long gun license. Feel free to PM me, if you have any questions you don't want public.All,
Thank you for your input. I have another question: Would his wife be able to arrange for sale of some or all of the firearms without hiring an FFL? In other words, person A is interested in buying guns X, Y and Z. Can she take just the info (make, model and serial #) with her and person A to an FFL for the transfer then A would pick the gun up at NCPD?
I ask as I did something similar with a guy years ago whose Nassau Pistol License got suspended. He 'sold' me a pistol which I had to then provide a voucher to the County Clerk to pick up (plus have it added to my license at the Pistol section). This was well before SAFE passed though.
Gary
Why would the wife require a semi-auto license? She's not buying them.Mason is correct. Under the terms of the current SAFE Act, all transfers, other than those among immediate family members, must process through an FFL. The wife has the ability to retrieve the long guns, provided they're not semi-auto. Semi-autos now require an amended handgun license or a separate semi-auto long gun license. Feel free to PM me, if you have any questions you don't want public.
Gary
I would contact South Shore Sportsman to help facilitate the paperwork for you to acquire the firearms.
She is taking possession/ownership of the semi-automatic rifle.
Under the terms of the currently enforceable CCIA, she cannot take ownership, without a handgun license or a semi-auto rifle license. It doesn't matter that she's not paying for them. Even if someone wanted to provide a semi-auto rifle to someone else, as a gift, the recipient would have to have a semi-auto rifle license or a handgun license, to legally take possession. That's among the items being litigated.Why would the wife require a semi-auto license? She's not buying them.
The question I have, though, is this: Was the taking of the hand guns or long guns legal, in the first place, since they were owned by her husband and senility is not a legal ground for losing one's Constitutionally-protected rights.
Gary
Except that we cannot say they "were owned by her husband". Even the serial numbers recorded on the pistol license are not actually proof of ownership, though the PLB likes to say they want to stay out of property disputes. But she has a valid claim to say the long guns were HERS (as joint property). The problem with the law as it stands is that it empowers law enforcement to take all guns from a household, regardless of the ownership status....
The question I have, though, is this: Was the taking of the hand guns or long guns legal, in the first place, since they were owned by her husband and senility is not a legal ground for losing one's Constitutionally-protected rights.
Gary
I suspect that I should have phrased my question and what I was getting at more clearly.Except that we cannot say they "were owned by her husband". Even the serial numbers recorded on the pistol license are not actually proof of ownership, though the PLB likes to say they want to stay out of property disputes. But she has a valid claim to say the long guns were HERS (as joint property). The problem with the law as it stands is that it empowers law enforcement to take all guns from a household, regardless of the ownership status.
The intent of my question is will the seizure withstand the 2A's Constitutional standard of strict scrutiny? That bears on the subject, regardless of ownership. The Bruen decision did invalidate all of the "red flag" laws (federal court confirmation, in United States v. Rahimi, 61 F. 4th 443 5th Cir. [2023]) and this action, by NCPD, appears to also violate Murdock v. Pennsylvania, 319 US 105 (1943).
Gary
Gary, the Handgun License must have Semi Automatic Rifle printed in order to take possession of the firearm. I heard SCPD requires you to add the semi automatic rifle to the handgun license.Under the terms of the currently enforceable CCIA, she cannot take ownership, without a handgun license or a semi-auto rifle license. It doesn't matter that she's not paying for them. Even if someone wanted to provide a semi-auto rifle to someone else, as a gift, the recipient would have to have a semi-auto rifle license or a handgun license, to legally take possession. That's among the items being litigated.
The question I have, though, is this: Was the taking of the hand guns or long guns legal, in the first place, since they were owned by her husband and senility is not a legal ground for losing one's Constitutionally-protected rights.
Gary
Yes, you are correct. I should have said handgun license with the semi-auto endorsement.Gary, the Handgun License must have Semi Automatic Rifle printed in order to take possession of the firearm. I heard SCPD requires you to add the semi automatic rifle to the handgun license.
Gary
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