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Offline Acebird

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Legal advice
« on: August 01, 2018, 06:05:02 pm »
I know I shouldn't ask ...
How does one legally dispose of or keep a Smith and Wesson new in plastic bag revolver?  What is required to obtain a gun permit if you already have the gun?  Previous owner is deceased.  Origination of gun is unknown.  Actual age of gun could be old.
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Online iddee

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Re: Legal advice
« Reply #1 on: August 01, 2018, 07:37:40 pm »
Find a friend with a permit to hold it for you until you find your state's regs ad do the routine for where you live.
"Listen to the mustn'ts, child. Listen to the don'ts. Listen to the shouldn'ts, the impossibles, the won'ts. Listen to the never haves, then listen close to me . . . Anything can happen, child. Anything can be"

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Online sawdstmakr

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Re: Legal advice
« Reply #2 on: August 01, 2018, 08:03:31 pm »
Ace,
Hold it until you move to Florida. We do not register guns, period.
Jim

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Re: Legal advice
« Reply #3 on: August 01, 2018, 08:04:42 pm »
By the way, it is very easy to get a concealed weapon permit.
Jim

Offline Robo

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Re: Legal advice
« Reply #4 on: August 02, 2018, 12:13:02 am »
By Law in NY you are suppose to turn it over to the county sheriff (or maybe an FFL, but without it being yours I'm not sure they will take it) to hold while you attempt to get the proper permit.  Depending on the county it can take 6 months or more. 
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Re: Legal advice
« Reply #5 on: August 02, 2018, 12:29:11 am »
Sounds like NY does not think you have a second amendment.
Jim

Offline Acebird

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Re: Legal advice
« Reply #6 on: August 02, 2018, 08:03:42 am »
Ace,
Hold it until you move to Florida. We do not register guns, period.
Jim
But then how do I travel with it?  How do I prove it is not stolen?  I was under the impression if you had a permit you could travel within the states.
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Online iddee

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Re: Legal advice
« Reply #7 on: August 02, 2018, 08:42:37 am »
Go to a local gun shop and ask if they will ship it to Jim. He can get a local ffl to accept it. It will be there when you get there.

Personally, I would lock it in the trunk or truck bed in a suitcase and go. There's no reason for you to be stopped and searched.
"Listen to the mustn'ts, child. Listen to the don'ts. Listen to the shouldn'ts, the impossibles, the won'ts. Listen to the never haves, then listen close to me . . . Anything can happen, child. Anything can be"

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Offline Robo

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Re: Legal advice
« Reply #8 on: August 02, 2018, 09:48:10 am »
Personally, I would lock it in the trunk or truck bed in a suitcase and go. There's no reason for you to be stopped and searched.

And avoid driving through NJ.    Although you have no reason to be stopped, sometimes bleep happens (accident, breakdown) and you have no choice.
"Opportunity is missed by most people because it comes dressed in overalls and looks like work." - Thomas Edison



Offline Robo

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Re: Legal advice
« Reply #9 on: August 02, 2018, 09:53:09 am »
"Opportunity is missed by most people because it comes dressed in overalls and looks like work." - Thomas Edison



Offline Acebird

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Re: Legal advice
« Reply #10 on: August 02, 2018, 10:16:15 am »
If I can't travel with it it is not worth the hassle.  I think we will just call the sheriff and let them deal with the guns and ammunition (there is more than one).  We don't have any time to fool around and the last thing I want to be charged with is gun trafficking.  The bullets are huge.  It must be a 45.
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Offline Hops Brewster

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Re: Legal advice
« Reply #11 on: August 02, 2018, 04:30:58 pm »
Legal advice, get from an attorney.
However, it is legal to ship a gun to yourself.  Address it to yourself in Florida.

It would be a crying shame to turn over such a fine firearm to the polizei for destruction.  Besides, from what I've heard of NY police, they just might decide to nail you for possession even if you're merely turning them over.
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Offline Dallasbeek

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Re: Legal advice
« Reply #12 on: August 02, 2018, 04:35:03 pm »
Depending on age and models, they could be quite valuable.  I started getting rid of guns last year by selling to FFL holders, mostly collectors.  I was selling mostly WW1-era rifles, and came away with over $7,000 from five or six firearms.  The one pistol I sold was a Colt Ace made in 1938.  It sold for $2,500.  The Colt Ace was a .22 made using a 1911 .45 frame.  The best advice is to ship to Jim through a FFL dealer for a few bucks per gun for his trouble.  Turning them over to a sheriff is a bad idea.  As for the ammunition, there are collectors who pay big bucks for some of the old boxes the ammo came in.  I used to have a federal license, but dropped it about 30 years ago when it became more trouble than it was worth.  When I was licensed I charged $5 or $10 to handle a shipment like you're talking about (per gun, plus shipping charges, with you bringing them to me unsealed but packaged).
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

Offline Dallasbeek

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Re: Legal advice
« Reply #13 on: August 02, 2018, 04:38:20 pm »
Legal advice, get from an attorney.
However, it is legal to ship a gun to yourself.  Address it to yourself in Florida.

It would be a crying shame to turn over such a fine firearm to the polizei for destruction.  Besides, from what I've heard of NY police, they just might decide to nail you for possession even if you're merely turning them over.

As a lawyer, I agree with most of what you said, Hops, except for addressing it to yourself in Florida. You can, apparently, ship to a FFL holder, but NOT to an unlicensed person, so not to Jim.  Postal service won't accept handguns, leaving you with UPS or FedEx.  Ammo can't be shipped, according to one souce I looked at.  Check all this out with a local FFL holder in your area, because everything has changed since I held an FFL.
« Last Edit: August 02, 2018, 04:53:24 pm by Dallasbeek »
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

Offline Acebird

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Re: Legal advice
« Reply #14 on: August 02, 2018, 09:34:18 pm »
There ain't no way in heck these guns will be destroyed.  I am not that naive.  But it ain't worth the hassle for me to take possession.  It isn't like I don't know people that could make them disappear.  Yes Dallas I expect they would be worth a lot of money.
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Offline Acebird

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Re: Legal advice
« Reply #15 on: August 02, 2018, 09:39:12 pm »
Besides, from what I've heard of NY police, they just might decide to nail you for possession even if you're merely turning them over.
I don't have possession.  I just know where they are.
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Offline Dallasbeek

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Re: Legal advice
« Reply #16 on: August 02, 2018, 09:58:27 pm »
If you can legally take possession (I'm talking about lawful heir turns tham over to you, not stupid NY law on possession), when you move south, there's no way in heck anybody is going to take everything out of a moving van or U-Haul to look for hidden guns.  If they are in the bottom of boxes of household goods, they should be safe even from the sticky fingers of moving company people. 

BTW, handguns usually travel from south to north, so nobody is looking for handguns being moved from to the firearm-friendly southern states. You have a great awakening coming when you move to Florida.  You might even become conservative in your thinking. (okay, I doubt it, but it could happen.  I've known several New Yorkers [ mostly retired NYS cops] who moved to Texas and suddenly felt liberated.
"Liberty lives in the hearts of men and women; when it dies there, no constitution, no laws, no court can save it." - Judge Learned Hand, 1944

Online iddee

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Re: Legal advice
« Reply #17 on: August 02, 2018, 10:07:30 pm »
You're right, Dallas. Me and Jim get him down here and we'll edi-cate him as to the MAGA world.   :wink:  :cheesy: :cheesy: :cheesy:
"Listen to the mustn'ts, child. Listen to the don'ts. Listen to the shouldn'ts, the impossibles, the won'ts. Listen to the never haves, then listen close to me . . . Anything can happen, child. Anything can be"

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Offline Acebird

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Re: Legal advice
« Reply #18 on: August 03, 2018, 08:36:38 am »
My only desire for having the gun is to travel alone with it across the greater USA.  More for animal protection then fear from being mugged.  I recently bought a very small camper.  I call it my dog house on wheels.  My wife hates camping and I love it.  So for a couple of months a year I will get my thrill of seeing again how great this country is.  Complements of Uncle Sam's benefit package before Trump takes it away.
The best state to get a permit would be the one that is the hardest to obtain.  Then it is more a slam dunk for all the other states.  I do not have the time to research making a gun legal to own when I have no idea of it's origin.
Dallas, I wouldn't feel comfortable with a NY cop feeling liberated.  One of the reasons this state is so liberal is because you can't trust law enforcement.
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Online iddee

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"Listen to the mustn'ts, child. Listen to the don'ts. Listen to the shouldn'ts, the impossibles, the won'ts. Listen to the never haves, then listen close to me . . . Anything can happen, child. Anything can be"

*Shel Silverstein*