[2edgesword]

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.

 

[2edgesword]

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.

 

[2edgesword]

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.

 

[2edgesword]

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.