DWI surrendered handguns

[John R Branson]

About six months ago at 59 years old I got my first, and hopefully only DWI ever. It was in Saratoga county. I've held a Saratoga County pistol permit for about 35 years. They of course made me surrender my two pistols and pistol permit for one year.

Here's the rub, the permit suspension is for one year before I can mail the court about having it re-instated, however with surrendered weapons they will be destroyed one year from the date they are surrendered, which means there is no way I can get the permit back, and retrieve my pistols before they are destroyed.

I'm in the process of helping my wife get a pistol permit in hopes of transferring them to her before the destruction date. But the fine print seems ambiguous in regard to transfer to another permit holder. It does say they can be transferred to an FFL license holder. Does this mean I could if necessary transfer them to a gun dealer and then myself or my wife retrieve them after either or both of use get a valid pistol permit in the near future?
I am unclear as to the transfer to FFL process. In this case the FFL holder would probably have to go to the Sheriff's office and retrieve them. Is this something they do?

Has anyone else been in this unfortunate situation?
Thanks for any advice or comment.

 

[dsdmmat]

About six months ago at 59 years old I got my first, and hopefully only DWI ever. It was in Saratoga county. I've held a Saratoga County pistol permit for about 35 years. They of course made me surrender my two pistols and pistol permit for one year.

Here's the rub, the permit suspension is for one year before I can mail the court about having it re-instated, however with surrendered weapons they will be destroyed one year from the date they are surrendered, which means there is no way I can get the permit back, and retrieve my pistols before they are destroyed.

I'm in the process of helping my wife get a pistol permit in hopes of transferring them to her before the destruction date. But the fine print seems ambiguous in regard to transfer to another permit holder. It does say they can be transferred to an FFL license holder. Does this mean I could if necessary transfer them to a gun dealer and then myself or my wife retrieve them after either or both of use get a valid pistol permit in the near future?
I am unclear as to the transfer to FFL process. In this case the FFL holder would probably have to go to the Sheriff's office and retrieve them. Is this something they do?

Has anyone else been in this unfortunate situation?
Thanks for any advice or comment.

talk to your FFL. It is easy to turn over your guns to an FFL never surrender them to the police if you don't have to. Also the current law states if you lose your permit you also lose your long guns. So be ready for that axe to drop one day. Good luck.

 

[Depick]

If you haven’t obtained one yet get a lawyer immediately!!! They should be able to help you lay out a game plan regarding your firearms and help you with DWI.

 

[Twogunwilly]

Lawyer up and get those guns to a safe place.

 

[Drinkthekoolaid]

Wtf?

Is this real I hadn't heard this before?

A dwi equals loss of gun ownership??!!

 

[BDinPutnam]

Wtf?

Is this real I hadn't heard this before?

A dwi equals loss of gun ownership??!!

He got his permit suspended. Q.e.d.

 

[Tintalieau]

yes, there is something in the safe act that states if your pistol permit is suspended you can also lose your long guns (sorry my google fu isn't finding the law at the moment)

 

[Celt]

So a dwi equals a denial of your 2nd Amendment???? Wtf

 

[Darth]

"Nobody is coming for your guns."

 

[livingston]

So a dwi equals a denial of your 2nd Amendment???? Wtf

That is Cuomo's plan... Pick us off one at a time ... I would say be prepared for the judge to deny you further ... In today's climate very possible . Just a little toe stub is all one needs in some court rooms .

 

[Sneezy]

I agree with the lawyer part but you should be able to get them transferred to an FFL for the time being.

If they destroy em, they should pay for em.

 

[livingston]

I agree with the lawyer part but you should be able to get them transferred to an FFL for the time being.

If they destroy em, they should pay for em.

They will just say they lost them

 

[Sneezy]

They will just say they lost them

and I lost my tax dollars.

FUAC - I have a receipt (I hope to god he has a receipt) and they fucking owe you. I'd spend 1K to get back $300 in guns just on principle. Fucking ass government. They have nothing better to do but hassle people that are not true criminals.

 

[Carlos Hathcock]

If they destroy em, they should pay for em.

 

[Criticalt]

Is this a state law?
I know 2 people who got DUIs and never lost their permits.

 

[livingston]

Is this a state law?
I know 2 people who got DUIs and never lost their permits.

Perhaps it is up to the individual judge to decide ... Judge can pull your permit at a whim .

 

[BDinPutnam]

So a dwi equals a denial of your 2nd Amendment???? Wtf

What tree have you been sleeping under, Van Winkle?

Just busting your balls.

 

[FrankenCub]

So a dwi equals a denial of your 2nd Amendment???? Wtf

My scumbag neighbor lost his 2A rights, felony DWI.

 

[Celt]

What tree have you been sleeping under, Van Winkle?

Just busting your balls.

One that was not big enough. I was dreaming happily of an America I grew up in during the 70s and 80s. What I woke up to was a complete fucking nightmare.

 

[Celt]

My scumbag neighbor lost his 2A rights, felony DWI.

I guess I didn't realize DWI was a felony. Personally I think it's incredibly irresponsible to drive under the influence, and I could see having harsher penalties for repeat offenders. But to be denied your second amendment rights for a first-time offense, I think is ridiculous. And this goes for virtually any victimless crime.

 

[dsdmmat]

Is this a state law?
I know 2 people who got DUIs and never lost their permits.

No it is up to the issuing authoity.

 

[dsdmmat]

I guess I didn't realize DWI was a felony. Personally I think it's incredibly irresponsible to drive under the influence, and I could see having harsher penalties for repeat offenders. But to be denied your second amendment rights for a first-time offense, I think is ridiculous. And this goes for virtually any victimless crime.

Not all DUIs are felonies

 

[Doc8404]

Penalties for alcohol or drug-related violations

 

[thegatman]

Always have your handguns on two permits.

 

[Jezman]

If you are charged with a DWI and not yet convicted how in the hell is this not unconstitutional?

 

[Jezman]

Always have your handguns on two permits.

Or dont get yourself into a legal jam?

 

[S&W Fan]

Not all DUIs are felonies

The op specifically said DWI , not DUI

 

[GOPerfect]

Back on topic. Get someone you know that has a permit to co-register the pistols. Do it, do it now.

 

[S&W Fan]

I guess I didn't realize DWI was a felony. Personally I think it's incredibly irresponsible to drive under the influence, and I could see having harsher penalties for repeat offenders. But to be denied your second amendment rights for a first-time offense, I think is ridiculous. And this goes for virtually any victimless crime.

Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes. The annual cost of alcohol-related crashes totals more than $44 billion. Source; CDC

Hardly a victimless crime

 

[nortatoga]

You need a Lawyer for the DWI, Give this link if he/she is not already aware of this SCOTUS ruling 9 to 0!

https://www.supremecourt.gov/opinions/14pdf/13-1487_l6gn.pdf