Reclaiming Seized Firearms

S

shiky

New member
I had a family member who had their firearms seized a while back. I was told by a local gunstore owner that i might be able to go reclaim it. Anyone know any validity to this statement? i'm in nassau county on long island if that helps.
 
I don't know how it works in your state, but when I did this all it took was some kind of motion or something that the prosecutor and court can sign off on that states the guns are not evidence. Once you get that, the cops will release the property back to you.

I had a great time going down to the police station with my court order.

Don't let that stuff rust in some junklocker, get it back.
 
I was always under the impression that New Yorkers who wanted their seized firearms were free to retrieve them from the riverbed.

Otherwise it seems some kind of hassle ensues. Perhaps because RKBA writers don't find cases where the NYPD act responsibly worth relating, or possibly because they don't happen very often in NYC.

I wish your family member good luck in getting their firearms back. There should be an advocacy group who could provide more info.
Is there a local NRA group?
 
well see, thats the thing.. the family member has since left the family legally, and is now living in another state. there is no contact between us and them, i was just hoping to retrieve them, since i believe there was a court order to relieve them from the member. its tough to get details when i'm trying to be so vague. if anyone has NY legal background, or is a NY LEO, please pm me if you think you can help.
 
I don't practice law in New York, but I'm fairly certian that absent death or someing having power of attorney, the only person that can get a siezed firearm back is the actual owner.
 
Since you are not the rightful owner the guns, I can't see how the police could release the guns to you -- the guns are not yours.
 
what about the person who had them seized in the first place, or a notarized letter from said person allowing me to claim them in her stead?
 
what about the person who had them seized in the first place, or a notarized letter from said person allowing me to claim them in her stead?
Click to expand...

I doubt that will fly. Unless the original owner actually comes to get them you aren't going to see them again.
 
Interesting subject. I have a friend who had all of his guns taken by the cops for an unrelated charge. Can another person assume temporary possession of these weapons since my friend maybe "away" for several years? Who knows what these guns will look like without proper care.
 
Here in CT., you can transfer guns to anyone that can legally own them. Meaning no felons and if they are pistols, you need to transfer them to someone with a permit.However, usually you need the owner to go with you and do the transfer paperwork. Unless they are seized as evidence you can transfer them to anyone. I am amazed at people that leave valuable expensive guns sitting in evidence instead of transfering them to somebody.
 
???

a lawyer could get a court order to sell the guns.if he was sent away the lawyer could get a notorised release.:rolleyes:--:confused:
 
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