UPDATE! Erie County Sheriff refuses to return 30 firearms despite no charges; plaintiff sues; follow the case here.

[VietnamEraVet]

IM coregistered with wife... but here in lies the potential problem I present to you all. They usually want all the guns in or on the premises......wont they still take them so to speak as in the house?? are we better of having a co-registerant at a different address????

In my Post #13 above, the incident I wrote about happened to a husband and wife who lived together. Even though one of them had been arrested, and their CCW suspended, their spouse still had their CCW, - and with all of the guns listed on both permits. The cop who gleefully came to their home and wanted to seize those guns left empty handed.

 

[Nevar]

Just shows how the hero P*GS think they are gods above the law.

 

[VietnamEraVet]

Just shows how the hero P*GS think they are gods above the law.

I think you’re painting with an awfully oversized brush there. Sure there are a few bad apples in EVERY profession.

 

[JunkBoxFull]

Just shows how the hero P*GS think they are gods above the law.

Not all are bad. There are some really good fella`s out there. I personally know a few, and they are great people, just like you or i.

 

[spat]

I think you’re painting with an awfully oversized brush there. Sure there are a few bad apples in EVERY profession.

Some professions attract assholes like shit attracts flies though.

Those professions tend to be very polarized, with only boy scouts and shit weasels and not much in between.

 

[GOPerfect]

Just shows how the hero P*GS think they are gods above the law.

Love comments like this. Really I do, it shows the absolute stupidity and ignorance of so many.

 

[VietnamEraVet]

Not all are bad. There are some really good fella`s out there. I personally know a few, and they are great people, just like you or i.

In my almost 70 years on this side of the grass, I have had my share of interactions with cops (both when they were on the job, and personally). I found the vast majority of them to be decent people, - as you said, - just like you or me. Actually have been friends with more than a few of them.

Now, that's not to say that some I interacted with were not decent honest, law abiding people. In fact, the three that come to mind in that vein, were all in NY, and all three interactions were firearm (handguns specifically) related.

So, I try not to judge the many by the actions of the few, (who I consider to be bad apples and unfit to carry a badge).

Everybody's experiences can vary obviously. But it can be a tough damn job. And it is not one I would want to do. So I give them all the benefit of the doubt, as I hope they would (and have in the past given me).

 

[JunkBoxFull]

Love comments like this. Really I do, it shows the absolute stupidity and ignorance of so many.

Personally, and this is just my own opinion, i believe there is just way to much hate in our own country. Not enough people see the kindness out of anything anymore. I`m just as guilty for the hate as anyone else out there, i hate stupidity and ignorance as well, and DemOrats would be high on my list. They created the majority of all the hate in our country, mainly towards the cops. People act up, cops come in an knock some heads around, then end up being the bad guys. But one can never deny, there are some cops out there that like to abuse their "badged power" to provoke people. Those are the ones who need their asses thumped. AND i`ve seen a few in my day that needed it. And back in my day, some of them got taken out in the backyard and got their asses handed to them. Sometimes it was a fella blue that handed them their asses. But today my friend, all bets are off.

 

[GOPerfect]

Personally, and this is just my own opinion, i believe there is just way to much hate in our own country. Not enough people see the kindness out of anything anymore. I`m just as guilty for the hate as anyone else out there, i hate stupidity and ignorance as well, and DemOrats would be high on my list. They created the majority of all the hate in our country, mainly towards the cops. People act up, cops come in an knock some heads around, then end up being the bad guys. But one can never deny, there are some cops out there that like to abuse their "badged power" to provoke people. Those are the ones who need their asses thumped. AND i`ve seen a few in my day that needed it. And back in my day, some of them got taken out in the backyard and got their asses handed to them. Sometimes it was a fella blue that handed them their asses. But today my friend, all bets are off.

My friend..... the level of disdain and hate within me is strong. Yes indeed. My list would be too long to post.

In regards to professions, I tend to call out the bad players, on a one by one basis. As for the police, every horrible story we hear about them there are hundreds of examples of great things they do. Too often, those great things are ignored.

The blanket hate statements towards them, usually in one ear and out the other.

 

[JunkBoxFull]

My friend..... the level of disdain and gate within me is strong. Yes indeed. My list would be too long to post.

In regards to professions, I tend to call out the bad players, on a one by one basis. As for the police, every horrible story we hear about them there are hundreds of examples of great things they do. Too often, those great things are ignored.

The blanket hate statements towards them, usually in one ear and out the other.

"As for the police, every horrible story we hear about them there are hundreds of examples of great things they do. Too often, those great things are ignored."

THIS!!! ^^^^^^^^^ RIGHT PHUCKIN SPOT ON!!!!

 

[VietnamEraVet]

Here is an interesting and recent Court decision on this thread's very topic. It has the potential to make it to SCOTUS someday.

MSN

www.msn.com

 

[Nevar]

Love comments like this. Really I do, it shows the absolute stupidity and ignorance of so many.

really How so.? put yourself in that mans place before you spout off

 

[GOPerfect]

really How so.? put yourself in that mans place before you spout off

Which man's place?

 

[Cooolone]

Well, it's theft, plain and simple!

But honestly... Who would comply with a surrender notice? Especially when the firearms may not even be in possession of the person at the time. Are you obligated to reveal the wearavouts if they are out of State, outside the the jurisdiction of the so called issuing authority?

I have a hunting cabin in another State and moved all my firearms there. Done! I'm here, can't access them, so the State would be satisfied! No?

But the seizure of property, does not forfeit ownership! Regardless of what it is... The person who seized the property, his department and more would be named in the lawsuit! Do what it takes and drag them through the mud... Because that's some bullshit (keeping the Firearms).

Anyways...

 

[GOPerfect]

Well, it's theft, plain and simple!

But honestly... Who would comply with a surrender notice? Especially when the firearms may not even be in possession of the person at the time. Are you obligated to reveal the wearavouts if they are out of State, outside the the jurisdiction of the so called issuing authority?

I have a hunting cabin in another State and moved all my firearms there. Done! I'm here, can't access them, so the State would be satisfied! No?

But the seizure of property, does not forfeit ownership! Regardless of what it is... The person who seized the property, his department and more would be named in the lawsuit! Do what it takes and drag them through the mud... Because that's some bullshit (keeping the Firearms).

Anyways...

I like your thought process here. They do not know, at least long guns, what is owned. Pistols in NY, different story.

They do not know where they are all located, the owner needs to be able to think quickly to avoid the loss of all of them.

As for the Deputy taking the guns, I would imagine there was a court order, signed by a judge. The officer really does not have a choice to execute the judges order. There are things that he can do to mitigate the seizure. The Deputy that seized under the court order is well within his powers, and he is completely safe if an order existed. The department and the Sheriff, completely at fault at this time. As long as all of the information listed is full and complete. ( I believe the OP)....

 

[spat]

My friend..... the level of disdain and hate within me is strong. Yes indeed. My list would be too long to post.

In regards to professions, I tend to call out the bad players, on a one by one basis. As for the police, every horrible story we hear about them there are hundreds of examples of great things they do. Too often, those great things are ignored.

The blanket hate statements towards them, usually in one ear and out the other.

To be fair, one asshole can ruin the work of a hundred boy scouts though.

There just isn't enough "above and beyond" the good guys can do to make up for the truly evil acts that the bad ones can pull off.

How many cats do you have to rescue from trees to make up for one guy who plants evidence or rapes 13yr olds.

 

[GOPerfect]

I cannot answer this. I can only speak about the things that I have done, and accomplished while wearing the uniform.

 

[Defilade]

 

[VietnamEraVet]

So, here is the update on this Article 78 proceeding. And to be honest, I am disgusted at the BS "law" New Yorkistan pulled out of their asses here, however I am not surprised. (Last year I had to appear in Judge Boller's Court to oppose EC attorney Erin Molisani in order to keep my CCW permit, - and I did...) But I digress..

So, to recap, the plaintiffs filed an Article 78 proceeding to get their 30 guns back from the Erie County Sheriff after they were seized. One of the plaintiffs killed a man who showed up at his house and threatened his life. No charges were ever filed and the Sheriff refused to return he and his father's firearms (and clothes and cellphones) almost a year later. So they filed an Article 78 proceeding to get them back.

And what happened seems a bit off, if not outright shitty to me. EC attorney Molisani agreed to give them back 26 of the 30 guns, but refused to return the S&W .38 revolver (used to shoot the threatening perp), and 3 other long guns (AR style?) In the final court order, - they claim that the long guns will not be returned due to violating the (UN)SAFE ACT, and they refused to return the handgun, - declaring they could confiscate it for being a "nuisance" per Article 400.5(1) DESPITE their being NO CHARGES WHATSOEVER filed!!!!! What the fuck is that shit???

Apparently, legally defending your life against someone is now an OFFENSE????

So, - you save your own life, and don't break the law in the process, and the FUCKERS in New Yorkistan can just SEIZE and KEEP your lawfully owned firearm used to defend yourself???

I guess the lesson to be learned here, is that if you're going to defend yourself in New Yorkistan, - use some cheap piece of shit gun that you won't be out that much when the fuckers steal it!

 

[libertysnake]

So, here is the update on this Article 78 proceeding. And to be honest, I am disgusted at the BS "law" New Yorkistan pulled out of their asses here, however I am not surprised. (Last year I had to appear in Judge Boller's Court to oppose EC attorney Erin Molisani in order to keep my CCW permit, - and I did...) But I digress..

So, to recap, the plaintiffs filed an Article 78 proceeding to get their 30 guns back from the Erie County Sheriff after they were seized. One of the plaintiffs killed a man who showed up at his house and threatened his life. No charges were ever filed and the Sheriff refused to return he and his father's firearms (and clothes and cellphones) almost a year later. So they filed an Article 78 proceeding to get them back.

And what happened seems a bit off, if not outright shitty to me. EC attorney Molisani agreed to give them back 26 of the 30 guns, but refused to return the S&W .38 revolver (used to shoot the threatening perp), and 3 other long guns (AR style?) In the final court order, - they claim that the long guns will not be returned due to violating the (UN)SAFE ACT, and they refused to return the handgun, - declaring they could confiscate it for being a "nuisance" per Article 400.5(1) DESPITE their being NO CHARGES WHATSOEVER filed!!!!! What the fuck is that shit???

Apparently, legally defending your life against someone is now an OFFENSE????

So, - you save your own life, and don't break the law in the process, and the FUCKERS in New Yorkistan can just SEIZE and KEEP your lawfully owned firearm used to defend yourself???

I guess the lesson to be learned here, is that if you're going to defend yourself in New Yorkistan, - use some cheap piece of shit gun that you won't be out that much when the fuckers steal it!


View attachment 245687

Was there a specific thing they claimed it violated on the ARs?

 

[Parzival]

Sounds like someone wanted a trophy gun.

My old FFL in NY offers a free replacement gun if your gun gets confiscated in a good self defense shoot. Doesn’t make these unconstitutional NY laws any better though.

 

[togmaster]

Living in NY has become a nuisance.

 

[VietnamEraVet]

Was there a specific thing they claimed it violated on the ARs?

All I see is a BS statement from the Erie County attorney for the Sheriff, Erin Molisani, stating that it is "unknown if the guns seized were Safe Act compliant". I am not certain without going back to look at the list of the guns seized if any of the other 26 guns were AR's? Possibly they just refuse to return them because, you know...those assholes have a hard-on for anything AR or AK variety.

Below is a section of Judge Boller's order giving details on the 3 long guns (a RUGER 10/22 with a scope, - a .22LR rifle, and two AR's) they refused to return, and also below is an expanded screenshot with Molisani's statement (paragraph 6) about them being "unsure if they are SAFE Act compliant”.

How fucking ridiculous: New Yorkistan passes the (UN)SAFE Act, and it is so convoluted that they claim that THEY (NYS) cannot determine if said guns are SAFE Act compliant, so they refuse to return them! Fucking douchebags!!

 

[tirwin1]

Living in NY has become a nuisance.

Soon it may actually be hazardous, if it isn't already.

 

[Willyone]

So I guess if you want/need a gun to protect yourself or your family, realizing you probably won't get it back, spend a couple hundy for a cheap 9m SCCY or Taurus G2.

NY is so fucking corrupt

 

[REF]

Smells like bullshit to me. I’m pretty confident that in NY if you violated the SAFE ACT, that would be used by these fucking tyrants to confiscate or not return ALL of your guns

 

[C3D]

If the guns were not SAFE compliant I have no doubt that charges would have been brought.

Part of the problem here is the choice of Article 78 as a cause of action; while that tactic has some procedural advantages in terms of timing the deck is always stacked in New York's favor in its own court. I might have brought the suit differently.

 

[Willyone]

Not true. Not at all. I had a friends guns on my permit, he got picked for a crime, he called me, told to go to his house and get his guns, I did. When all was done on the charges, he got out of it, I returned his guns.

He was asked if he had any firearms, he said yes and that they were co-registered, I never got a call.

Great information @GOPerfect, thanks for the heads up. This is interesting, never thoght, knew or heard anything about co-registration. I'll be seeing my lawyer next week about finishing up my estate planning... will, Trust, POA, and all that stuff. I'm by no means wealthy, not even close, but I have no mortgage or truck payments. All I owe is normal monthly bills and my credit card bill that I pay off every month. Both my daughter and her hubby recently got their CCWs. To avoid any issues when I kick the bucket I'll talk to her about co-registration of my hand guns.

 

[Cerakoted]

All I see is a BS statement from attorney Erin Molisani statting that it is "unknown if the guns seized were Safe Act compliant". I am not certain without going back to look at the list of the guns seized if any of the other 26 guns were AR's? Possibly they just refuse to return them because, you know...those assholes have a hard-on for anything AR or AK variety.

Below is a section of Judge Boller's order giving details on the 3 long guns (a RUGER 10/22 with a scope, - a .22LR rifle, and two AR's) they refused to return, and also below is an expanded screenshot with Molisani's statement (paragraph 6) about them being "unsure if they are SAFE Act compliant.

How fucking ridiculous: New Yorkistan passes the (UN)SAFE Act, and it is so convoluted that they claim that THEY (NYS) cannot determine if said guns are SAFE Act compliant, so they refuse to return them! Fucking douchebags!!



View attachment 245693

View attachment 245692

Went to high school with minear the attorney. Good dude. Wild coming across him on here

 

[GTN]

So if those three long guns were unsafe compliant, then they should be charged with having illegal guns. But they won’t do that because then there might be a legal precedent set if they lost in court.