The person you name, to safeguard your handguns, does not have to be an FFL or even a handgun license holder. That person is there, to safeguard them, not just in the event of your demise but any incapacitating situation, such as extended hospitalization, confinement to a nursing home, etc. In the event of your demise, your estate's administrator will handle the transfer to an FFL or to the SC Property Unit or the sale, all of which must take place within 15 calendar days of your demise. If they are in the hands of an FFL or the SCPD's Property Unit, they can be sold, by the estate or the FFL, then processed, by an FFL, for transfer.

Gary

 

A safeguard person is any adult that can contact the PLB and/or safely hand/transfer/sell the guns and surrender the license.

After a pistol license holder's death, the person who lawfully possesses the guns (typically the safeguard person) has 15 days to lawfully sell or transfer the guns and turn in the license with proof of sale, etc. If not, they (county) has to get them and hold them until the heir/family/executor gets a license, authorizes them to be transferred to someone else (dealer or PL holder)

 

Thanks all. My wife will have them sold if I kick the bucket.

 

As I'm interpreting it -- yea an adult in your county to watch over your stuff -- but without a hand gun license -- they're gonna take them at some point --

Which is why all mine are licensed --

 

I'm stating the obvious but the person you're naming cannot be a person prohibited by law from possess firearms (felon, been adjudicated mentally unfit, current under an order of protection, etc.). Beyond that Suffolk County might have something to say about specifying a person that has been arrested for a serious or multiple misdemeanors as the person to safeguard the weapons.

 

The only person who can safeguard your property if you die is your estate administrator.

They have 15 days to dispose of your handguns or turn them in.

Anyone else has illegal possession.

If you are incapacitated and someone has a power of attorney before hand, they can dispose of them for you, but they cannot posses them.

Since they want you to have them locked up in a safe, better have a locksmith on speed dial too.

You cannot designate a person to safeguard them without giving them power of attorney.

 

Does either county still allow the same pistols to appear on both husband's and wife's individual licenses ? I think I read that Suffolk no longer does. Either way, like fishbust, my wife will have them sold before I am in the ground.

 

The only person who can safeguard your property if you die is your estate administrator.

They have 15 days to dispose of your handguns or turn them in.

Anyone else has illegal possession.

If you are incapacitated and someone has a power of attorney before hand, they can dispose of them for you, but they cannot posses them.

Since they want you to have them locked up in a safe, better have a locksmith on speed dial too.

You cannot designate a person to safeguard them without giving them power of attorney.

I don't think this is accurate...

PL 265 under exemptions: A person voluntarily surrendering such weapon, instrument, appliance or substance, provided that such surrender shall be made to the superintendent of the division of state police or a member thereof designated by such superintendent, or to the sheriff of the county in which such person resides, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police department thereof designated by such commissioner, or if such person resides in a city, town other than one named in this subparagraph, or village to the police commissioner or head of the police force or department thereof or to a member of the force or department designated by such commissioner or head; and provided, further, that the same shall be surrendered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or department. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such weapons, instruments, appliances or substances surrendered as herein provided.

From the Suffolk County Handbook: SAFEGUARD PERSON: An individual, at least twenty-one (21) years of age, appointed by the licensee who, in the event of the licensee‟s inability to safeguard his or her firearms due to incapacitation or death, will surrender or facilitate the surrender of all firearms listed on the license. This individual should be a Suffolk County resident, and does not need to possess a pistol license, but must be eligible to possess a firearm. A safeguard person may ONLY possess the licensee‟s registered handguns for the purpose of the immediate surrender of same to a law enforcement entity.

As far as surrendering the firearms Suffolk County allows the designated person, even oen that doesn't possess a license but it's a prohibited person, to surrender the firearms and not be charged with illegal possession. That person cannot sell them because they legally are not their property until an individual is recognized as the executor of the estate but they can surrender them.

 

The reason I say power of attorney is:

1. According to the PL265 exemption, if you are incapacitated, anyone can say they are authorized to dispose of your property.

You're in no condition to contest it. Family members might want them held and transferred, but the Libtard Aunt/Uncle want them gone.

If they get to them first, and turn them in, they're gone. Without the power of attorney, you have no recourse.

As a matter of fact, the way it reads is that If anyone can get a hold of your handgun, incapacitated or not, and wants to turn it in, they will not be prosecuted.

2. If you die, your property becomes part of your estate and must be disposed of by your administrator.

The fact that Suffolk County makes crap up, well, since when do they abide by State or Federal law if it doesn't suit them.

Thing is that you need to have a will, and someone with a limited power of attorney for general and medical stuff.

I'm not a lawyer, but I do have Libtard relatives that would jump at the chance to quickly dispose of my stuff.

 

The reason I say power of attorney is:

1. According to the PL265 exemption, if you are incapacitated, anyone can say they are authorized to dispose of your property.

You're in no condition to contest it. Family members might want them held and transferred, but the Libtard Aunt/Uncle want them gone.

If they get to them first, and turn them in, they're gone. Without the power of attorney, you have no recourse.

As a matter of fact, the way it reads is that If anyone can get a hold of your handgun, incapacitated or not, and wants to turn it in, they will not be prosecuted.

2. If you die, your property becomes part of your estate and must be disposed of by your administrator.

The fact that Suffolk County makes crap up, well, since when do they abide by State or Federal law if it doesn't suit them.

Thing is that you need to have a will, and someone with a limited power of attorney for general and medical stuff.

I'm not a lawyer, but I do have Libtard relatives that would jump at the chance to quickly dispose of my stuff.

What you say is reasonable but the person surrendering the firearms is the person you designate on the application. It can't be just anyone.

 

Like every other Law in NY, I guess it depends...

If you do not properly safeguard your firearms (any), anyone who can access them can turn them in and not be prosecuted for illegal possession. PL 265 says a person, not a designated person.

Your problem is getting them back, and or proving you are no longer incapacitated.

I'm just saying that the Counties make crap up to suit their anti gun agenda and nothing short of an expensive lawsuit is going to stop it.

On the other hand, what happens if all your designatees go before you do. All that planning shot to hell. :fie

You really gonna make an effort to tell the PLB you want to add a new one? NOT!

edited for fat finger spelling

 

Like every other Law in NY, I guess it depends...

If you do not properly safeguard your firearms (any), anyone who can access them can turn them in and not be prosecuted for illegal possession. PL 265 says a person, not a designated person.

Your problem is getting them back, and or proving you are no longer incapacitated.

I'm just saying that the Counties make crap up to suit their anti gun agenda and nothing short of an expensive lawsuit is going to stop it.

On the other hand, what happens if all your designatees go before you do. All that planning shot to hell. :fie

You really gonna make an effort to tell the PLB you want to add a new one? NOT!

edited for fat finger spelling

Actually I think PL265 says the licensing authority designates how the process of surrender is to occur in order for the person to avoid prosecution. If that is the case (I'm not a lawyer) than according to the statement by SCPL the designated person is the only person granted immunity from prosecution, at least that's how I interpret the statement in PL 265 "that the same shall be surrendered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or department" couple with the statement by SCPL. That said I guess one exception would be a member of the family or a friend that is also a recognized police of peace officer.

Regard what happens if your designee goes before you? I think you should contact PL to let them know and have some else designated as the person to safeguard the firearms. Otherwise you're setting up whoever does take possess for being charge with a illegal weapons charge.

 

The only person who can safeguard your property if you die is your estate administrator.

They have 15 days to dispose of your handguns or turn them in.

Anyone else has illegal possession.

If you are incapacitated and someone has a power of attorney before hand, they can dispose of them for you, but they cannot posses them.

Since they want you to have them locked up in a safe, better have a locksmith on speed dial too.

You cannot designate a person to safeguard them without giving them power of attorney.

My son is a Leo and is designated to safeguard mi pistoles but he is not my administrator;:that being said when I am dead does it really matter to me

 

The executor of your estate is stated in your will.

The administrator is assigned if you die without one.

Neither one has to be a NY resident.

They have 15 days to possess them and properly dispose of them or turn them in.

If neither one is the designated safeguard person, your estate will turn into a cluster *uck,

because the safeguarder is illegally disposing of estate property.

Especially if you have $4-5 grand in arms.

As far as being declared incapacitated, why would you assign any person to safeguard your firearms other than the person who has your power of attorney.

The reason they want you to declare ahead of time is that they're too frigging lazy to do their job, which is the administration of your license.

So, if you must comply... I would give them 2 names.

1. Tell them you have no will, and designate your estate administrator.

Since your dead, they are the only one who can legally dispose of your property, and

being it has to be a Suffolk resident and you have no will, an administrator will be assigned by the Suffolk County Public administrators office after a hearing where all your money grubbing relatives will show up to want to be the administrator.

2. I designate so and so if I become incapacitated.

Let them suck eggs. Just saying...

While most of what I say is true, I'm obviously over complicating things to show my frustration about that small little phrase... "SHALL NOT BE INFRINGED"

 

Does it have to be a person in your state?

 

It would be exceedingly difficult, if not impossible, for someone, in another state, to safeguard your handguns, in the event of that need.
Gary