Buffalo, NY to seize guns after funeral of owners

2014-12-05T18:40:12-05:00

With all the discussions about guns lately what are your thoughts on this? Should the families be given more time to apply for permits or have them added to their existing permits? Should they be allowed to sell them? If 15 days really long enough (given that many permits take well over 6 months in certain places)?

http://www.foxnews.com/us/2014/11/14/buffalo-police-search-for-firearms-at-home-after-funerals/

Cold, dead hands: Buffalo to seize guns from families following owners' funerals

Gun-rights advocates are criticizing the Buffalo police commissioner who said last week that his department will start enforcing a little-known state law that enables law enforcement to take guns from residents who died and had pistol permits and left their guns behind.

Response by LTC Private RallyPoint Member made Dec 5 at 2014 6:51 PM

2014-12-05T18:51:16-05:00

Capt Richard I P. would enjoy hearing your thoughts on this.

Response by Capt Richard I P. made Dec 5 at 2014 7:01 PM

2014-12-05T19:01:41-05:00

LTC Private RallyPoint Member Yeah this strikes me as a pretty obvious "infringement" on the right of the people to "keep" arms. But I would expect it from the least free state in the Union. I am strongly opposed to the practice but un-surprised.

Response by SSG Gerhard S. made Dec 5 at 2014 7:15 PM

2014-12-05T19:15:22-05:00

Does the State of New York treat REGISTERED automobiles in the same manner? Both cars and guns are potentially dangerous and deadly pieces of equipment but clearly the State of New York doesn't feel obligated to confiscate every dead person's car: There is no logical reason to treat firearms any differently.

Since you're asking my opinion, I will start by stating the Obvious. The "State" already has enough guns, as well as a monopoly on the initiation of force. Guns are, and should be treated as personal property and should therefore be treated as such by the State when one passes away. Wills, should be the deciding factor regarding where firearms should end up, once one passes away. If the person the gun is willed to does not meet the State's criteria for gun ownership then the heir should be given the opportunity transfer ownership to another qualified heir, or to have the gun sold by, or through a dealer. Either way, the guns belong to the owner who should be able to dispose of them in any manner he/she sees fit.

Response by Cpl Christopher Allen-Shinn made Dec 6 at 2014 1:33 AM

2014-12-06T01:33:40-05:00

This program appears legal, but ill-advised. If the Buffalo, NY Chief of Police is really so concerned, why not consider a public education program to inform the public of their rights as heirs, and their legal duty (the 15-day rule). This way, people could make informed decisions in compliance with state law, and the Buffalo PD wouldn't appear to be playing "gotcha!" with the heirs of legal gun owners. I suspect that most people in upstate NY would like to see this state law abolished or amended, but they'll face stiff resistance from the law enforcement and NYC communities who want to maintain strict gun control. In case anyone is wondering, it's nearly impossible to get a concealed carry permit in NYC unless you're law enforcement (active or retired).

Response by MAJ Robert (Bob) Petrarca made Dec 7 at 2014 6:29 PM

2014-12-07T18:29:33-05:00

Apparently, you can't will them? :-)

Response by CPT Private RallyPoint Member made Dec 29 at 2018 2:55 PM

2018-12-29T14:55:13-05:00

If the individual died intestate perhaps they would at least have an argument. But what is described here is the seizure of private property from an estate (with standard rights during the process), the possession aforementioned guns is guaranteed by the Bill of Rights.
What a CROCK!

Response by SGT Michael Hooker made May 17 at 2019 7:31 AM

2019-05-17T07:31:23-04:00

Since it takes sometimes over a month just to receive a death certificate, I think it’s just another way making it impossible for family members to transfer ownership. This is why nobody should register their firearms! The state or government has no reason except confiscation to know who has one.

Response by CPT Private RallyPoint Member made May 17 at 2019 11:35 AM

2019-05-17T11:35:23-04:00

Well these actions would appear to be violations of the 4th Amendment (q.v. "secure in their...effects...against unreasonable seizure)
The 5th Amendment (q.v. no person...shall be deprived...of property...without "due process of law")
and the 14th Amendment (q.v. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [e.g. 2nd Amendment] ; nor shall any state deprive any person of...property, without due process of law...)

What is really sad is that 95% of law abiding citizens will just "roll over" and allow their constitutional rights to be stripped from them.