Quote 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.
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Quote 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