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Posted: 5/2/2017 7:02:12 PM EDT
There was a thread not that long ago (time being relative and all ) about a guy who was a part-time resident of NY who sued to get, and won, a pistol permit in NY...but for the life of me I can't find the thread (here or in GD), or the article about it. Anyone remember what I'm talking about?

If I remember right the gist of it was he owned property, paid taxes, etc but only spent a few months of the year in NY. I can't remember if it came down to residence vs domicile or if it was something else...anyway, he sued and won the right to have a permit issued to him as a sort of resident/non-resident permit. I think.

Does anyone here remember the article/event? It was within the last year or two I think...?

Thanks
Link Posted: 5/2/2017 7:40:31 PM EDT
[#1]
I do not remember the article. But chemung county is taking applications from bordering pa county residents. If you lived out of state and wanted your permit, that's where I would try.
Link Posted: 5/2/2017 7:50:46 PM EDT
[#2]
A few upstate counties offer non-resident permits for those who can demonstrate they have a home in the state.

You will get more answers in a NY based forum than here


nygunforum.com
or
nyfirearms.com
Link Posted: 5/2/2017 8:02:25 PM EDT
[#3]
I remember, I think getting a non resident permit is contingent on having property, a business, or at least work in NY, not just because you want to.

I know my county had paperwork for non resident applicants in the office last time I was in there. Every county is different though and some are easier to deal with than others.  Next time I go in I'll grab one to check it out.
Link Posted: 5/3/2017 8:04:25 AM EDT
[#4]
I went back and forth about doing this the last few months. I am moving to Pennsylvania this summer but will still own a home in Ulster County. Ulster did offer to let me keep my permit but bottom line I decided against it. It is just not worth the hassle in NY. This state has no business knowing what I own once I leave here. My property will be a rental property and I will only come here for repairs and maintenance to that property. I vow to spend as little time and money as i possibly can in NYS once i move.
Link Posted: 5/3/2017 8:29:21 AM EDT
[#5]
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Quoted:
I went back and forth about doing this the last few months. I am moving to Pennsylvania this summer but will still own a home in Ulster County. Ulster did offer to let me keep my permit but bottom line I decided against it. It is just not worth the hassle in NY. This state has no business knowing what I own once I leave here. My property will be a rental property and I will only come here for repairs and maintenance to that property. I vow to spend as little time and money as i possibly can in NYS once i move.
View Quote
Hahha you sound like me... With my house still in Dutchess county

You will like the ass raping when you pay your NYS taxes next year also.. Its the price for freedom
Link Posted: 5/3/2017 8:32:36 AM EDT
[#6]
Quoted:
There was a thread not that long ago (time being relative and all ) about a guy who was a part-time resident of NY who sued to get, and won, a pistol permit in NY...but for the life of me I can't find the thread (here or in GD), or the article about it. Anyone remember what I'm talking about?

If I remember right the gist of it was he owned property, paid taxes, etc but only spent a few months of the year in NY. I can't remember if it came down to residence vs domicile or if it was something else...anyway, he sued and won the right to have a permit issued to him as a sort of resident/non-resident permit. I think.

Does anyone here remember the article/event? It was within the last year or two I think...?

Thanks
View Quote



Yes he did win the AG caved on it since the AG was going to lose on the 2nd and 14th amendments

Ill be doing the same this summer when i obtain my NC driver license.. Just to say FUAC and FUAGS

https://blog.princelaw.com/2013/11/01/start-spreading-the-news-new-york-to-finally-allow-part-time-residents-to-get-pistol-permits/
Link Posted: 5/3/2017 12:57:10 PM EDT
[#7]
Thanks for all the tips guys. Reason I bought this up - I used to live in NY. My parents/family are still back there; obviously I go back to visit them fairly often, but more than that, my dad's getting on in years...so we were trying to figure out a legal way for the items on his permit to fall to his chosen heir, especially if the heir lives out of state. He is concerned various LEO agencies will basically raid my parents house after his passing and confiscate everything on his permit, even if he left them to someone else to pick up and take possession of/dispose of. Short of storing all his stuff out of state (which he doesn't want to do, understandably)...
Link Posted: 5/3/2017 2:12:32 PM EDT
[#8]
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Quoted:
Thanks for all the tips guys. Reason I bought this up - I used to live in NY. My parents/family are still back there; obviously I go back to visit them fairly often, but more than that, my dad's getting on in years...so we were trying to figure out a legal way for the items on his permit to fall to his chosen heir, especially if the heir lives out of state. He is concerned various LEO agencies will basically raid my parents house after his passing and confiscate everything on his permit, even if he left them to someone else to pick up and take possession of/dispose of. Short of storing all his stuff out of state (which he doesn't want to do, understandably)...
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Sadly, the easiest way is to do it now, while he's alive.
Link Posted: 5/3/2017 5:08:29 PM EDT
[#9]
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Quoted:
He is concerned various LEO agencies will basically raid my parents house after his passing and confiscate everything on his permit, even if he left them to someone else to pick up and take possession of/dispose of. Short of storing all his stuff out of state (which he doesn't want to do, understandably)...
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Why specifically would they do that to him.
He's made arrangements for who gets his guns from the sounds of what you posted.
Link Posted: 5/3/2017 6:19:07 PM EDT
[#10]
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Quoted:


Why specifically would they do that to him.
He's made arrangements for who gets his guns from the sounds of what you posted.
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What's SOP if your county when an obit hits the papers?

In his county, the SO pays the grieving widow a visit to take possession of everything on the permit, and anything else they deem dangerous, until a will or other disposition has been formalized. They've done it before and will do it again, and there are a lot of stories about things getting ruined or going missing during that process.
Link Posted: 5/3/2017 8:12:13 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



What's SOP if your county when an obit hits the papers?

In his county, the SO pays the grieving widow a visit to take possession of everything on the permit, and anything else they deem dangerous, until a will or other disposition has been formalized. They've done it before and will do it again, and there are a lot of stories about things getting ruined or going missing during that process.
View Quote
They do that in my county. Neighbor passed away unexpectedly, the family lives out of state. Sheriff showed up with a list of guns, the family had to produce them. To make matters worse they were locked in a safe and the family had to rifle through paperwork to find the combo. All while the sheriff waited. Long story short sheriff took the guns to local ffl and said he didn't care where they went from there as long as the ffl did his job. Family was very stressed during the situation. It's bad enough to deal with losing a family member, then the sheriff shows up unexpected to take things. I will add I live in a very gun friendly county too.
Link Posted: 5/4/2017 4:55:50 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

What's SOP if your county when an obit hits the papers?

In his county, the SO pays the grieving widow a visit to take possession of everything on the permit, and anything else they deem dangerous, until a will or other disposition has been formalized. They've done it before and will do it again, and there are a lot of stories about things getting ruined or going missing during that process.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:

What's SOP if your county when an obit hits the papers?

In his county, the SO pays the grieving widow a visit to take possession of everything on the permit, and anything else they deem dangerous, until a will or other disposition has been formalized. They've done it before and will do it again, and there are a lot of stories about things getting ruined or going missing during that process.
First of all, any property taken by LE should have a receipt issued so that stuff can't just 'disappear".
I realize that some agencies are lax on this issue.
I had to harp on this exact issue at my PT PD last month when they instituted new evidence handling procedures and were talking us through their new policy.
They thought it would be perfectly acceptable to say that they'd be back later with a hand receipt.
I was like " if it was MY property, no ones leaving MY residence with MY stuff without giving me a detailed hand receipt of what is being taken". And I specifically mentioned my guns as an example
But then that's one reason why I am viewed as the grumpy old guy there.

Secondly, if your county allows it, get and handguns cross-listed on your respective permits NOW. Sure eventually any cross listed stuff will need to be accounted for in the estate settlement, but in the meantime the other relatives with those handguns on their permits can possess those guns.

Third, the executor has 15 days to possess and dispose of the handguns after the permit holder dies. That's plenty of time to come to some disposition of the firearms that doesn't involve LEAs having to secure the firearms. We'd just as soon NOT have to do that if it can be avoided, since room in evidence storage is limited. So folks, get your wills in order, your executors identified and have it spelled out in writing who gets your guns. I understand that some people here object to my advice about having it specified in your will who gets what guns, but as with any other legal documents, the more specific you are, the less wiggle room there is for in-fighting amongst your heirs.

I'm guessing the old gentleman lives in one of the anti-gun downstate counties, so I am not surprised if they jump all over any obit listings looking for guns to secure until the estate is settled.

Quoted:
They do that in my county. Neighbor passed away unexpectedly, the family lives out of state. Sheriff showed up with a list of guns, the family had to produce them. To make matters worse they were locked in a safe and the family had to rifle through paperwork to find the combo. All while the sheriff waited. Long story short sheriff took the guns to local ffl and said he didn't care where they went from there as long as the ffl did his job. Family was very stressed during the situation. It's bad enough to deal with losing a family member, then the sheriff shows up unexpected to take things. I will add I live in a very gun friendly county too.
I get that, Unless the guns are cross listed, its like prescription meds. The prescription is the exemption that made the meds legal to possess for the decedent. Once the person dies, we seize controlled prescribed meds because there is no one there that can legally possess those items. The permit is what allows possession of the handguns. So get the handguns cross listed if you can so someone other than the recently passed person can possess them.
I never used to deal with the estate stuff at all as an FFL.
My mom passing a few years ago made me realize just how stressful the whole process is for family members so I've been doing a handful of estate guns every year since then.
In the case you cite the agency probably didn't want to have to secure the guns either, and they didn't have room to store them, so the FFL was the legal alternative
They did the best they could given NYs laws because, as you say, they're a pro-gun county
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