Recently my step father died. He lived in New York State, my mother and I live in Virginia. Part of his estate (estate is a funny word; it seems to imply being rich!) included:
1) Rem 870
2) Ruger 22LR Target Pistol
3) FN49 30-06 Sniper Rifle
4) Greasegun
5) Colt AR-15 SP1
6) Valmet M60 Semi Auto
7) SKS
Also included were many magazines for the guns that needed them. He owned all these guns for a very long time (since the early 80's at least). I personally learned to shoot with the AR.
My stepfather was found dead in his house of natural causes by one of his friends. The friend called 911. Of course, along with paramedics, the police showed up.
The police found the greasegun sitting there next to the couch where he laid. Upon further examination into another room, they found the rest of the guns. Unfortunately, they also found weed (for medicinal purposes I'm sure :-) ).
They took all the guns back to the station and filed them as 'evidence'. When my mother (who was seperated from, but not divorced from my step father) went to pick them up, the police only gave her the 870, the FN, and the SKS. They refused to let her have the others because 'they were considered assault weapons'. We didn't get the pistol because they said that NYS requires a pistol permit. We also didn't get any of the magazines.
My mother has handed this situation to me, since I will be the heir of these guns.
Through the internet and hundreds of law books, I copied and printed out all the federal and NYS laws concerning the ownership of pre-ban assault weapons and mailed them all to the investigator in charge up in NY. I was unable to find a readily available copy of the ATF bluebook, but I plan on running up to DC shortly and grap a copy.
Now the investigator has turned it over to the head sheriff up there because they got the ATF involved. The head sheriff is supposed to be sending me a letter in a couple weeks. I have no idea what it's about.
1) We have no records of the purchase date of any of these guns, only personal testimonies from family and friends. I called a couple gunshops where he picked up the guns. They said they don't have records dating back that far. How is this gonna mess me up? What can I do?
2) What do you think that letter's all about? Why won't he just call me? I felt my butthole twinge when I heard he was sending a letter...
3) I guess these are NFA weapons? What's involved in registering them to me? I get them sent directly to me tax-free with no FFL involvement, since I am the heir - I read that on the net.
4) Was this seizure legal? There was no crime commited, there was no search warrant. What is my recourse?
5) I think I can line up a local sheriff friend of mine to accept the greasegun. I won't own it or posses it, but at least I can shoot it sometimes. Will that work?
6) How is the possession of that weed gonna affect this situation? There was a lot of it.
I'm sure I'm forgetting a thousand more questions, but these will do for now. When responding, I'm sure there will be people tempted to start an ATF and police-bashing session. Let's try not to go there. I have no time or patience left for that crapola. I just want some answers and suggestions. I could really use some advice from some police, FFL holders, lawyers, people who've gone through this situation, or whoever.
Please help.