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 Questions About Residence Inspection in Westchester [Help NYSRPA]
Shqype  [Member]
5/2/2012 5:17:14 PM
I put in an amendment to my pistol license to finalize a recent purchase. While waiting for the judge to sign off on it, I received a letter in the mail addressed to the Commissioner of the Westchester Department of Public Safety that says:

The individual named above has applied to the County Court for an Amended Pistol License. The applicant already possesses 4 handguns and has listed an additional 1 acquired handgun for a total of 5.

Before issuing the requested Amended Pistol License, the Court requires some assurance that the applicant has adequate, safe and secure storage facilities for these weapons.

The applicant should contact the Westchester County Department of Public Safety, Pistol Permit Unit at 995-2709 to make arrangements to inspect said storage facilities as to their safety and security.


I was under the impression that in Westchester you only had to have a gun safe on your 6th handgun. Can anybody clarify this?

Also, is there anything I should know or be aware of before I invite somebody into my home to inspect my gun safe? What does this encounter typically entail? Can somebody who has already done this offer their input?
rkbar15  [Team Member]
5/2/2012 5:37:48 PM

Originally Posted By Shqype:

I was under the impression that in Westchester you only had to have a gun safe on your 6th handgun. Can anybody clarify this?


Nope. The judges require an inspection when you add the 5th handgun.
Shqype  [Member]
5/3/2012 9:26:59 AM
OK. So has anybody gone through this? There's gotta be someone else on this forum that lives in Westchester and has 5+ handguns, right?
rkbar15  [Team Member]
5/3/2012 9:54:57 AM
Contact the WCFOA. They have been working with WC Board of Legislators and the WCDPSS on issues related to issuing WC pistol licenses and the 5th pistol home inspection procedure. Let us now how you make out for future ref.

http://wcfoany.org/index.html
scolist  [Life Member]
5/3/2012 1:15:25 PM
Are there any other counties in NY that have that same policy?
45stops-em-quick  [Team Member]
5/3/2012 1:20:39 PM
Originally Posted By scolist:
Are there any other counties in NY that have that same policy?


I believe that NYC does, however, they don't require a home inspection, just a receipt for a safe, and/or a picture of said storage safe.

rkbar15  [Team Member]
5/3/2012 1:27:08 PM

Originally Posted By scolist:

Are there any other counties in NY that have that same policy?


Yes. I don't recall which counties though.
Shqype  [Member]
5/3/2012 2:26:59 PM
This is WCFOA's reply:

The inspection requirement is a point of controversy. At this time it is mandatory. The inspection will
be carried out by an officer from the Department of Public Safety. You will be asked questions about
your storage, alarm, locks, etc, and most likely the officer will ask to see the safe.

Our position is that the inspection constitutes an illegal search because it is not done under
authority of a search warrant, probable cause of criminal activity, nor a court order. We must advise
(although this communication is not to be construed as legal advice) that once you allow the officer on the premises
any other "issue" which is seen could be involved since you consented to the "search".

We continue to negotiate with the County for the removal of this stipulation, especially in light
of recent US Supreme Court rulings. Until such time as the County agrees to stop the inspections, or
we end up in court, you will have to undergo it.
brain  [Team Member]
5/3/2012 7:31:42 PM
Schedule the appointment and when the inspector comes to visit meet him at the door;
tell him you carry all four all the time and don't need a safe.

.....of course you will have pre-positioned your pistols and strapped them to your naked body beforehand;
ya whip open that trench coat.....show him how you're carrying.....

One of two things will happen: he'll see you already have FIVE guns and you'll get approved
or he'll haul you away........then you sue him for a civil rights violation and profit

win-win


.....sorry I know its not funny, but that inspection requirement is nuts, why the fifth pistol, why not the sixth
or seventh or third?

NY gets worse and worse everyday <––––and that is being said by somebody whose family has been
in this state for ten generations.......We're outta here in 2020.

IIRC I remember reading a letter here from one of the forum members from his Judge asking him why he
needed or why he was buying so many guns......NY never fails to amaze me
Shqype  [Member]
5/3/2012 7:56:03 PM
What it comes down to is essentially forgoing one Constitutional right (protection from unreasonable search and seizure) in order to exercise another (keep and bear arms).
Walt-AR  [Member]
5/3/2012 8:31:17 PM
Hi I just had a home inspection about a year ago. I made a appointment to set a date and time for a officer to do the inspection. He showed up on time he asked a few questions like do you have a alarm system, how many hours of the day are people at home etc. He then asked to look at my safe and asked the approximate weight. That was about the extent of it. I think it took about 10 or 15 minutes total. 

fp1201  [Team Member]
5/3/2012 10:50:00 PM
"five handguns"....man that sucks, I've got more than five pages on my licenses.
Shott8283  [Team Member]
5/3/2012 10:56:53 PM
i can tell you that my county has no such authority to inspect someones house based on a 2nd amendment issue without a warrant.

and frankly i think its complete bullshit for them to use this to force themselves into your home just b.c your an avid enthusiast.

fuck
P400  [Team Member]
5/3/2012 11:30:14 PM
How did 5 become the magic number?
ml2150  [Member]
5/4/2012 7:12:32 AM
What happens if you adult children live in your house, and you, them and the spouse all have permits?

Does that mean when the # of guns > or =5, Westchester County needs to see how those guns are secured?


eddiegunks  [Team Member]
5/4/2012 7:52:33 AM
why not get a small safe, carry it to the porch and wait for him to come, point to the safe and be done with it. (tell him normally it is bolted to the floor)
rkbar15  [Team Member]
5/4/2012 12:25:00 PM

Originally Posted By Shott8283:

i can tell you that my county has no such authority to inspect someones house based on a 2nd amendment issue without a warrant.


If your pistol licensing officer directs the licensing agency to conduct a security assessment of your residence your choice will be to either move, comply or dispose of your handguns and turn your pistol license in.

Originally Posted By P400:
How did 5 become the magic number?

I suspect that the vast majority of pistol licensees have four or fewer handguns registered on their licenses.

Originally Posted By eddiegunks:
why not get a small safe, carry it to the porch and wait for him to come, point to the safe and be done with it. (tell him normally it is bolted to the floor)

I kinda doubt that you would like the outcome of that after your licensing officer reads the officer's report.

Shqype  [Member]
5/4/2012 2:57:30 PM
Here's a news article I found online relating to this:

Westchester gun owners take aim at county's firearm safety laws

Westchester gun owners are balking at the county's firearm safety laws.

With the echo of the Supreme Court decision upholding the Second Amendment right to bear arms still ringing in their ears, they want the county to stop scrutinizing applicants for permits and licenses.

Scott Sommavilla, president of the Westchester County Firearm Owners Association, criticized police for using "no-knock" (if need be) search warrants issued by local judges.

The warrants allow police to enter homes - by force if needed - to verify weapons listed on permit applications are safely stored.

"This is an invasion of privacy and denies a gun owner's civil rights," charged Sommavilla, who met Monday with county legislators and state Supreme Court Justice Alan Scheinkman to review the county's gun law.

Legislator Tom Abinanti (D-Greenburgh), who authored the law 10 years ago, called the searches prudent in cases in which owners had more than five guns.

"It bears on judges to issue handgun licenses and additional permits. They want to know what the circumstances are, how the guns are stored," Abinanti said.

Unlike New York City, which requires renewal of gun licenses and permits every two years, Westchester requires it every five years.

The U.S. Supreme Court ruling also upheld the right to possess a firearm inside a person's home for self-defense. But the county is sticking to its gun storage law, which mandates the use of trigger locks or that guns be stored in a locked space. Some gun owners say the rules make it impossible for them to defend themselves.

Charles Timlin, who, with his wife Rita, owns the RT Smoke & Gun gun shop in Mount Vernon, said the county law favors criminals.

"If my home is being invaded by a criminal carrying an illegal gun, do I ask him to wait so I can unlock my gun and protect my family, or do I get killed?" he asked.

Timlin's shop requires gun permit applicants to take classes and be fingerprinted, photographed and investigated by police.

"The problem is that the criminal doesn't have to lock up anything, but the person who's not a criminal - the legal firearm owner who goes through all the testing - is the one who is always the target," he said.

Westchester Legislator Martin Rogowsky (D-Harrison), chairman of the county's Public Safety & Security Committee, said regardless of the Supreme Court ruling, Westchester will not change its gun law.

"The game plan is to do nothing. The laws on our books are lawful. Why should we play judge on a law that we voted for?"
Shqype  [Member]
5/4/2012 3:29:35 PM
Does this mean that in addition to consenting to a home inspection in order to receive the 5th handgun, I open my home to further inspections in the future, without a warrant?
secamp32  [Team Member]
5/4/2012 3:47:38 PM
Make sure the guns are unloaded and that no ammo is nearby.
Sawnoff  [Team Member]
5/4/2012 4:58:31 PM
Originally Posted By secamp32:
Make sure the guns are unloaded and that no ammo is nearby.

Yes and keep one of these handy for self defense, its got more knock down power than an empty pistol


burlysoldier  [Team Member]
5/6/2012 12:16:07 PM
Originally Posted By 45stops-em-quick:
Originally Posted By scolist:
Are there any other counties in NY that have that same policy?


I believe that NYC does, however, they don't require a home inspection, just a receipt for a safe, and/or a picture of said storage safe.



That is correct. I had to show bill of sale and two pictures of the safe (opened and closed). Received my 5th pistol purchase order is roughly same time as others (3-4 months). And that was 3-4 months after waiting 90 days.
rkbar15  [Team Member]
5/6/2012 2:25:42 PM

Originally Posted By burlysoldier:

That is correct. I had to show bill of sale and two pictures of the safe (opened and closed).


Welcome to the NYPD kindergarten class of pistol licensing. Did you show the BOS and pics during the "Show & Tell" hour at the puzzle palace?
Shqype  [Member]
5/6/2012 9:13:24 PM
Does anybody have the text of the law that authorizes them to conduct these inspections? I couldn't find it in the Westchester County Code.
burlysoldier  [Team Member]
5/7/2012 6:09:24 AM
Originally Posted By rkbar15:

Originally Posted By burlysoldier:

That is correct. I had to show bill of sale and two pictures of the safe (opened and closed).


Welcome to the NYPD kindergarten class of pistol licensing. Did you show the BOS and pics during the "Show & Tell" hour at the puzzle palace?


Hahahah yeah right after I got through 2 levels of security and signed my name onto a waiting list in front of an actual Obama shrine -fact!

"Sign yo name rite theh and we be gittin you when we can"

rkbar15  [Team Member]
5/7/2012 8:26:08 AM

Originally Posted By Shqype:
Does anybody have the text of the law that authorizes them to conduct these inspections? I couldn't find it in the Westchester County Code.

The WC security inspection requirement was in effect many years prior to the enactment of the safe storage law. Several NY COA decisions have authorized pistol licensing officers the authority to place restrictions on pistol licenses as long as the restrictions/regulations are not arbitrary/capricious.
Shqype  [Member]
5/7/2012 12:29:46 PM
Originally Posted By rkbar15:

Originally Posted By Shqype:
Does anybody have the text of the law that authorizes them to conduct these inspections? I couldn't find it in the Westchester County Code.

The WC security inspection requirement was in effect many years prior to the enactment of the safe storage law. Several NY COA decisions have authorized pistol licensing officers the authority to place restrictions on pistol licenses as long as the restrictions/regulations are not arbitrary/capricious.


I thought it was the judge that determined restrictions and not the pistol licensing officer ...
rkbar15  [Team Member]
5/7/2012 1:21:03 PM

Originally Posted By Shqype:

I thought it was the judge that determined restrictions and not the pistol licensing officer ...



NY PL

§ 265.00 Definitions. As used in this article and in article four hundred, the following terms shall mean and include:

....................

10. "Licensing officer" means in the city of New York the police commissioner of that city; in the county of Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of police of that county; for the purposes of section 400.01 of this chapter the superintendent of state police; and elsewhere in the state a judge or justice of a court of record having his office in the county of issuance.
Shqype  [Member]
5/19/2012 3:55:00 PM
I had the inspection done: the detective came inside, asked me a few questions (how many entrances to the dwelling, entrances to the safe, etc.) and asked to see the safe. He saw it, made some notes (presumably about the type of safe and its location), asked about the type of locking mechanism that it used, and that was it. He was out in about 5 minutes.
carlschmarl2  [Member]
5/19/2012 8:00:15 PM

Are you fucking kidding me?!

How can this shit be legal?!

It's a fucking Constitutional Right.

Is anyone trying to fight this in court?


Fuck me. Glad I moved out when I did. Cayuga Co. is starting to get just as bad too.