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His first email a month or two back
Thank you for your e-mail response. Glad to hear from you.
The first sentence of your e-mail is incorrect. Failure to recertify one’s
pistol license would not result in an automatic seizure of one’s rifles and
shotguns. That would require that one be charged with, and convicted of, a
felony.
I think you are properly concerned with one’s legal status if someone fails
to recertify; the person’s pistol license is revoked; and then the person
is in possession of unlicensed handguns until a deputy or trooper shows up
to collect them. First, the licensee would have to know that his license
has been revoked to have the intent to possess illegally. Second, he would
have to be charged with unlicensed possession and then convicted of a
felony. Last, I find no interest on the part of any local judges or law
enforcement officials to even attempt seizing weapons under cover of the
SAFE Act’s recertification provisions.
And please refrain from using the second person plural in your otherwise
justified criticism – “you” politicians. I voted against the SAFE Act;
secured passage of the only changes to the SAFE Act in either house of the
legislature; headed up an effort to cut funding for its implementation; and
secured a ban on enactment of the ammunition background check.
As always, please do not hesitate to contact me if I can be of further
assistance.
Cordially,
Jim
the bulk of the most recent reply he sent,
B. The SAFE Act does not provide for the seizure of all handguns and long guns if the permit holder does not renew. The “Evening Tribune” article you sent a link to pulls a snippet from the state penal law that was in effect prior to the SAFE Act’s passage. The language referenced in the article is from penal law 400.00(11)(c) and specifically relates back to paragraphs (a) and (b) which deal with (a) a disqualifying conviction (felony or serious offense) and (b) a report pursuant to the mental hygiene law.
So, only if the failure to recertify resulted in a conviction under penal law 265.01-b (criminal possession of a firearm, a class E felony- failure to recertify must be done knowingly). Then someone would be disqualified from possessing any gun and the procedure would kick in.
This section of law provides for seizure of long guns and pistols under two conditions: revocation following conviction of a felony or serious misdemeanor; or a revocation due to a mental health “danger to the community” finding.
I didn’t check with my fellow politicians, as you suggested. I don’t think they understand the law. I checked with an attorney who handles penal law issues. You can’t take a section of the law out of context.
As I noted in my most recent e-mail to you, to have your guns seized after failing to recertify requires that you first be charged with, and convicted of, a felony. This is the due process required in the law.
I trust this addresses your concerns.
Cordially,
Jim