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

[VietnamEraVet]

So, back in 2023, a guy showed up at a home in Springville, NY; apparently threatened the homeowner over a woman, and got his ass shot and killed.

The Erie County Sheriff seized all 30 guns from the father and son, and despite no arrest made at the time, and no indictment later, now, 11 months later, the Sheriff still refuses to return their property. Which is, IMHO, absolute horseshit for a host of reasons. And I am pretty certain the aggressor was not shot with all 30 guns...

So, now an Article 78 suit has been filed against the Sheriff, and has been assigned to the Erie County Supreme Court judge, Judge William Boller, who, coincidentally handles all of the CCW permits in Erie County. Judge Boller is considered to be tough but fair, and generally Pro 2A.

Should be interesting to follow. Details with the case number listed so you can look it up and follow it to see how an Article 78 case goes, over seized firearms with no arrests in the case.

 

[JunkBoxFull]

Well, this is, NY, so there`s that. A blue state that is against its own people.
As far as the sheriff, arrest, trial, guilty, send to prison for 25yrs, just for being a dumbass.

 

[spat]

Well, this is, NY, so there`s that. A blue state that is against its own people.
As far as the sheriff, arrest, trial, guilty, send to prison for 25yrs, just for being a dumbass.

For grand theft.

When you take someone's property against their will and outside the confines of the law it's called theft.

Badges don't change that.

 

[RedBreast21]

At this point I would report them stolen and direct the investigation towards the Sheriff. Get a police report.

 

[repete]

At this point I would report them stolen and direct the investigation towards the Sheriff. Get a police report.

They would then arrest you for filing a false report, this NY after all!

 

[Clancy]

In the early 90's a friend of mine moved back to NY from Oklahoma. He had a Colt Python and a Belgian Browning Hi-Power that we considered putting on my pistol permit while he applied for his. For whatever reason he decided to turn the handguns in to be held by the State Police. He got paperwork stating the guns were turned in and the reason why. 14 months later he gets his permit and goes to the barracks, paperwork and permit in hand. Guess what. Not only were the guns not there, but there was also no paperwork stating they were ever there and the trooper who signed my friend's original paperwork retired just a few weeks after my friend turned his pistols in. He spoke to a lawyer who said he probably would lose his case if it even made it to court and that spending $3000 or more to try to get back 2 handguns that were, at the time worth maybe $500 each and are most likely gone forever wasn't the smartest thing to do. My friend took his lawyer's advice and still harbors a very strong grudge agaisnt the troopers.

I would be surprised if the Sheriff in Erie County hasn't disposed of those 30 guns, one way or another.

 

[GOPerfect]

I reached out to a really good friend about this, I'll see what his response is.

 

[VietnamEraVet]

In the early 90's a friend of mine moved back to NY from Oklahoma. He had a Colt Python and a Belgian Browning Hi-Power that we considered putting on my pistol permit while he applied for his. For whatever reason he decided to turn the handguns in to be held by the State Police. He got paperwork stating the guns were turned in and the reason why. 14 months later he gets his permit and goes to the barracks, paperwork and permit in hand. Guess what. Not only were the guns not there, but there was also no paperwork stating they were ever there and the trooper who signed my friend's original paperwork retired just a few weeks after my friend turned his pistols in. He spoke to a lawyer who said he probably would lose his case if it even made it to court and that spending $3000 or more to try to get back 2 handguns that were, at the time worth maybe $500 each and are most likely gone forever wasn't the smartest thing to do. My friend took his lawyer's advice and still harbors a very strong grudge agaisnt the troopers.

I would be surprised if the Sheriff in Erie County hasn't disposed of those 30 guns, one way or another.

About 10 years ago, I was essentially red flagged (before red flags were an actual thing) and forced to turn in my handguns at the OPPD in Erie County. What a corrupt little shit show that was.

When I turned them over to the cops, they made me sign a form stating that if I didn't get them back within 12 months, that the cops could dispose of them as they chose. As it happened, even pushing them, it still took me 6 months to get them back. And even that was a struggle.

I did find out from some officers in the department that I had been long term friends with, that it was actually a common thing. They told me how the officers would stand in line (seniority ruled, of course) waiting for people whose guns had been seized and not gotten them back within 12 months, and then taking them home to their private collections. And IF the gun owners DID show up after the 12 month period, they would tell them "Oh Well. Too bad, so sad. Your firearms were disposed of".

That is one reason why when I saw this suit that I wanted to follow it. Not very often we get to see how this actually goes down. Likely need to keep a timely eye on it, as files can and do get sealed from public access.

 

[GOPerfect]

About 10 years ago, I was essentially red flagged (before red flags were an actual thing) and forced to turn in my handguns at the OPPD in Erie County. What a corrupt little shit show that was.

When I turned them over to the cops, they made me sign a form stating that if I didn't get them back within 12 months, that the cops could dispose of them as they chose. As it happened, even pushing them it still took me 6 months to get them back. And that was a struggle.

I did find out from some officers in the department that I had been long term friends with, that it was actually a common thing. They told me how the officers would stand in line (seniority ruled, of course) waiting for people whose guns had been seized and not gotten them back within 12 months, and then taking them home to their private collections. And IF the gun owners DID show up after the 12 month period, they would tell them "Oh Well. Too bad, so sad. Your firearms were disposed of".

That is one reason why when I saw this suit that I wanted to follow it. Not very often we get to see how this actually goes down. Likely need to keep a timely eye on it, as files can and do get sealed from public access.

This is why I used to tell people to always, co-register hand guns. Always

 

[Depick]

This is why I used to tell people to always, co-register hand guns. Always

If your willing to share your thoughts on this.

If the owner of the 30 firearms in the original post had a co registrant would the firearms be put in the custody of the other registrant? Or would both registrants firearms be at risk.

I have been wanting to co-register with a friend so I am genuinely curious.

 

[VietnamEraVet]

If your willing to share your thoughts on this.

If the owner of the 30 firearms in the original post had a co registrant would the firearms be put in the custody of the other registrant? Or would both registrants firearms be at risk.

I have been wanting to co-register with a friend so I am genuinely curious.

I recall reading that the father and son both live at that address, but in separate flats? And I also recall reading that some guns belonged to the dad, and some to the son, - and yet the cops reportedly seized EVERY gun at that address???

I really would like to know specifics on that point.

 

[RedBreast21]

They would then arrest you for filing a false report, this NY after all!

Nope they will refuse and you have names, dates and a police log. File a compliant with the State AG office as well. Once they see the paper piling up, action will be taken.

If you don't document anything, just sit there waiting, you will be their bitch. Sitting back waiting is exactly what they want you to do. Play ignorant, go file and collect all the documents. A paper trial is your best friend.

 

[VietnamEraVet]

If your willing to share your thoughts on this.

If the owner of the 30 firearms in the original post had a co registrant would the firearms be put in the custody of the other registrant? Or would both registrants firearms be at risk.

I have been wanting to co-register with a friend so I am genuinely curious.

I think part of the problem is that the cops treat long guns and handguns differently. I know of someone who owns a good number of both, and was arrested on a BS charge that they were able to later get dismissed. But at the time, their CCW got suspended due to the arrest. Happened in Erie County about 15 years ago.

The cop who had arrested them came out and demanded that they turn over all of the handguns on their permit, but that person refused because every handgun on the suspended CCW was co-registered to their spouse. The cop was pretty pissed as they had planned to walk away with a pile of handguns. They were told to get off the property and stay off. Before they left empty handed, they told the suspended CCW holder to "do not touch" those handguns. With a grin bordering on a scowl, they showed the cop to the door.

The other problem comes when the cops seize long guns, because there is no straightforward legal mechanism to get the cops to return them to you. At least with handguns, if a CCW suspension is lifted, you can fight to get them back.

I also remember a case around 10 years ago where a guy in Blasdell, NY had his long guns taken, and the cops would not return them to him. It went on for 2 years before he finally sued and was able to get a judge in Supreme Court in Erie County to order their return. It can be a real shit show.

 

[JunkBoxFull]

What a sad time it is for our country and some of its people.

 

[Saltwater60]

I thought the republican erie county sheriff is pro gun? I guess not.

 

[Depick]

I thought the republican erie county sheriff is pro gun? I guess not.

Political affiliation doesn’t matter. They wouldn’t risk their pension.

 

[spat]

I think part of the problem is that the cops treat long guns and handguns differently. I know of someone who owns a good number of both, and was arrested on a BS charge that they were able to later get dismissed. But at the time, their CCW got suspended due to the arrest. Happened in Erie County about 15 years ago.

The cop who had arrested them came out and demanded that they turn over all of the handguns on their permit, but that person refused because every handgun on the suspended CCW was co-registered to their spouse. The cop was pretty pissed as they had planned to walk away with a pile of handguns. They were told to get off the property and stay off. Before they left empty handed, they told the suspended CCW holder to "do not touch" those handguns. With a grin bordering on a scowl, they showed the cop to the door.

The other problem comes when the cops seize long guns, because there is no straightforward legal mechanism to get the cops to return them to you. At least with handguns, if a CCW suspension is lifted, you can fight to get them back.

I also remember a case around 10 years ago where a guy in Blasdell, NY had his long guns taken, and the cops would not return them to him. It went on for 2 years before he finally sued and was able to get a judge in Supreme Court in Erie County to order their return. It can be a real shit show.

Wonder if you could sue them in small claims so that you're not spending $5k for a lawyer to get a $500 gun back.

 

[Saltwater60]

Political affiliation doesn’t matter. They wouldn’t risk their pension.

No crime and he’s not a prohibited person so there’s no risk of a pension loss at all.

 

[Tisto]

I thought the republican erie county sheriff is pro gun? I guess not.

Sheriff Garcia is about as much Republican as is Mayor Brown. Garcia only became a Republican about an hour before he ran for the office, and only for political expediency.

 

[GOPerfect]

Political affiliation doesn’t matter. They wouldn’t risk their pension.

If he does not reelected, he gets no pension from this job.

His from Buffalo is secure

 

[Bustedknees]

This is why I used to tell people to always, co-register hand guns. Always

Then you will both lose your guns.

 

[GOPerfect]

Then you will both lose your guns.

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.

 

[Saltwater60]

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.

This is why I’m paying for my son to get his permit this weekend. Well for the class this weekend.

 

[Defilade]

They should do exactly what was done in this case where the Cops stole property(German Shepards) from this woman. Granted this is in Canada but the same laws apply everywhere. They have NO jurisdiction! None! What they did is clearly trespass and unlawful.

REPUGNANT RCMP/SPCA STEAL 43 GERMAN SHEPHERDS / POWERFUL SOLUTION SHOWN TO WORLD

THE ENTIRE WORLD NEEDS TO SEE THIS NOW
THIS IS WHERE EVERYONE SEES POWERFUL TRUTH/SOLUTION
THE SOLUTION WILL SAVE OUR WORLD RIGHT NOW
COMMON LAW COURTS OUTSIDE OF THE CORRUPT MAGGOT BAR MEMBERS GETS IT DONE!
Dr. Monica of the Marcu family of 40 years holds 2 doctorates
RCMP/SPCA horrifically have attacked, kidnapped and almost killed her while stealing her entire family of German shepherds [property]
43 German Shepherds which she breeds and trains for 18 years taken
This was all done unlawfully this ONE case i expose the SOLUTION
The Solution STOPS evil world wide once people have correct conversation.

Everything the people need to see is shown right here in paperwork.
It is time these maggots acting for service corporations are held accountable

Corruption worldwide is occurring because POLICE are CORRUPT TO THE CORE/IGNORANT OF LAW

If our entire world would have the correct conversation we could stop all evil right now.
The no bars hold discussion everyone needs to watch.
The ONLY site in the world that simply show the way forward is www.awarriorcalls.com

POWERFUL TRUTH REQUIRES GOOD MEN TO DO SOMETHING ON MASS WAKE UP WAKE UP!!!!

 

[VietnamEraVet]

More information for everyone below.

Here is the website address to go to and look this case up as it progresses. If you do a party search, look for Riley Mahoney.

The first hearing date is now scheduled for September 17th @9:30AM.

WebCivil Supreme - Case Search

iapps.courts.state.ny.us

 

[Zerex]

The subject was in possession of handguns illegally in NYS...................he simply paid a tax to not be arrested....................everybody wins.

Trooper simply did him a favor.............no paperwork.............man goes free.

In the case of the op...................the man is a killer. He will likely not get his guns back, AND IF HE DOIES..............and only by passing a NICS check for each gun given back ,and obtaining a new CCP.......DENIED

 

[GOYABEAN]

THE SYSTEM IS CORRUPT TO THE CORE

 

[FP1201]

I think part of the problem is that the cops treat long guns and handguns differently. I know of someone who owns a good number of both, and was arrested on a BS charge that they were able to later get dismissed. But at the time, their CCW got suspended due to the arrest. Happened in Erie County about 15 years ago.

The cop who had arrested them came out and demanded that they turn over all of the handguns on their permit, but that person refused because every handgun on the suspended CCW was co-registered to their spouse. The cop was pretty pissed as they had planned to walk away with a pile of handguns. They were told to get off the property and stay off. Before they left empty handed, they told the suspended CCW holder to "do not touch" those handguns. With a grin bordering on a scowl, they showed the cop to the door.

The other problem comes when the cops seize long guns, because there is no straightforward legal mechanism to get the cops to return them to you. At least with handguns, if a CCW suspension is lifted, you can fight to get them back.

I also remember a case around 10 years ago where a guy in Blasdell, NY had his long guns taken, and the cops would not return them to him. It went on for 2 years before he finally sued and was able to get a judge in Supreme Court in Erie County to order their return. It can be a real shit show.

So there will be case precedent with the Case in question.
I expect the Sheriff will claim he couldn't do anything without a Judges Order, while backpedaling to absolve himself and Department.

 

[2WheelGnnr]

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????

 

[Defilade]

If they didn't charge him with a crime than it is theft!