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“Buffalo Police say they’re determined to get more guns off the streets and now they’re checking to see whether pistol permit holders have passed away and what happened to their gun or guns,” reports (click image to view video). “‘We recently started a program where we’re cross referencing all the pistol permit holders with the death records, and we’re sending people out to collect the guns whenever possible so that they don’t end up in the wrong hands,’ said Police Commissioner Daniel Derrenda. ‘Because at times they lay out there and the family is not aware of them and they end up just out on the street.'” Wait. Do handguns lay out there or sneak off onto the street? The gunblogosphere see this story as marking the beginning of the SAFE Act “they’re heeeere!” gun confiscation gunpocalypse. I don’t think so. After all, the people who would protest the gun grab, gun owners, are dead. Just sayin’.

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    • From what I understand of NYS law, it is illegal to own a pistol without a specific ownership license. Hence why people flying through NYC airports get jammed up on charges, and why they’re planning on going after dead folks’ weapons. If Sr. didn’t go to the trouble of passing his weapons to Jr. via an FFL through Jr.’s license before he passed, Jr. loses the guns and gains a set of handcuffs.

      • Yes, in New York State you pretty much need to have a permit to even hold a pistol. I’m in the process of trying to get my pistol permit, and if I went to the range with a friend of mine who has his permit, it would be against the law for him to let me try it out under his supervision. Things are unbelievable here.

        As far as ownership, each pistol you own must be listed on the permit (including serial number) and approved by a judge. The best way to do a transfer when a permit holder dies under NYS law is to make sure the pistol is also listed on the permit of the person you want to pass it to. This is what my friend does. If his father were to die, he could claim possession of the pistols because they are also on his permit. Some counties won’t approve that though, as far as I’m aware. As I said, the gun laws here are unbelievable.

        • This is exactly why it bothers me to see so many people moving to Arizona from New York/New Jersey and other places where not only do people put up with this idiocy, they actually RE-elect the legislators who sign this kind of stuff into law in the first place. It won’t be long before their numbers reach critical mass and they manifest all their irrational fears into irrational laws.

        • This is exactly why I will never set foot in New York.

          Soon the Empire State will be as free as Russia.

        • Too late, Cowboy. NYS has been lost for at least a generation, best to leave them to their idiocy and not have your own tax dollars pay for the enemy.

        • And WA state just passed a similar law “to close the Gun Show Loophole” and “reduce gun” violence. Last time I looked law abiding citizens were not out shooting people they did not like every night.

          They have been trying since the dawn of man to disarm him. Whether it is a rock, spear or arrow. Fear of anything does not produce good laws!!!

      • Sounds like this is a prime opportunity to have that unconstitutional law overturned.

        What other property can the government confiscate upon death? It would seem that the laws of inheritance would apply here, and the government not providing a means for the heir to possess the inheritance legally would constitute theft, and a violation of the fourth amendment.

    • I think an F U would be most appropriate. No, you do not have permission to search my property.

      Here’s another self defense tip: move out of NY. They are much closer to the gun control end game than most states. Your guns start off illegal unless specifically “allowed” by the state. And of course they are working diligently – even in the late hours of night – to whittle down those allowances. It should be obvious to all that the only ownership left will be for the state and the political elites. John Q. Taxpayer need not apply.

  1. Yeah, “Nobody’s coming for your guns” – bull. Confiscation is confiscation. If I’m dead, then those are my children’s guns they’re trying to take.

    • They’ve decided to play both a short and long game in NY. They made a bunch of scary guns illegal but allowed people who already owned them to legally keep them… if they registered them with the state. They cannot be passed down or given\sold to anyone in the state (except for active police officers, I believe).

      It’s absurd. And the electoral response from the millions of gun owners was lacking.

    • Why is it that “Chief of Police” and scumbag so often seem to be synonymous?

      This is why I would never live in any of the formerly free states of the Union. I know the question of secession has been settled, for the moment, but how about throwing them out?

      When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another and push them out to sink or swim on their own. Let them raise their own army and pay for their own defense and healthcare and every other thing they wish to spend money on.

  2. One little thing there buddy. The “owners” are not dead. They are the descendants of the people who the gun was registered to. Just like any other property. This is unconstitutional seizure. Plain and simple.

  3. I would call this out as more of a big deal from the aspect of preying on grieving family members and confiscating property before they have a chance to sort out wills/last wishes/etc. during a very emotional time.

    By the way, the video autoplays….

  4. Have these people ever heard of inheritance? intestate statutes? Are you telling me that you have to have a permit to even OWN a gun in NY state? Slave state, indeed.

    • You only need a permit to LEGALLY own guns. Notice there is nothing said about going around confiscating unregistered guns from deceased gang-bangers. The law abiding are easier to control than the criminals.

  5. What is important here; like property tax, you no longer own your own possessions. You are merely renting these goods from the State, the banks, the credit card companies.

    RF, you say the term ‘gun buy back’ is misleading because the police, and other agents of the State, never owned the firearms to begin with. However, for these people they view all goods as ‘community goods’, even your children.

    • Unless you want to take a squad car for a turn or two around a race track with lights and sirens. Then that is ‘government property’ and not ‘community property’.

  6. Yes to own a handgun here you need what we call a pistol permit. Mine is 30 years old,full carry never had to renew ,can carry where booze is sold,never had to take a “class” .

    So somethings are not to bad,but yes many are.

    Now each handgun I own has to be listed on it. What everyone with half a brain does well yes there is moving ….. But we just list them on our spouses permit as well.

    • Unless the SAFE Act is struck down, you’ll have to renew that permit every 5 years, even though yours probably says that it’s good until revoked.

      • Mines good for life or until revoked,
        I don’t even live there anymore.
        Your NY State drivers license is the same thing.
        Move out of the state. Go back to visit say a relative. Get a speeding ticket in NY. It still goes onto the NY drivers license you no longer posses even though you now live in another state.

    • Officer, right before he died he deliberately put them on the street. He put them all in a box and put that box on the street corner down in the ghetto. So all those guns are on the street right along with his giant stockpile of ammunition as well. They are street guns and street ammo now. I think it was done all out of spite. I’m fairly certain he broke quite a few laws and would have some felony charges against him, however, he is dead so there is nothing you guys can do about anything at all. So… No guns here. Go look on the street, do that stop and frisk thing to every single person you see, write some tickets for violation of soda drink beverage sizes, or whatever you do. No guns here.

  7. Oh and the cops will hold them for you for up to two years giving you time to sell them legally ,to either another permit holder or ffl holder.

    I have friends that inherited guns that were not on permits. Simple call to cops,they pick them up run serial numbers,if not stolen you then can place them on your permit and pick them up.

  8. Ok, so what’s a New York slave to do? Will them to an out-of-state relative, and get them shipped ASAP before the New York Nazis show up at the widow’s door?

    • I’d say that with ownership of arms goes responsibility, especially in draconian states/cities, to make arrangements before your time comes, to lawfully give your arms to the person(s) you whom you wish them to go. If you feel a need to keep one for personal protection, you might create some prudent arrangement for a transfer on death to occur.

      Question for Robert and other legally educated resource-people of the TTAG community: Are there actually carve-outs from the normal laws of inheritance in anti-gun localities? Could be a need for a post or even a primer of some sort on securing your arms-type property to your posterity, not the state.

      • Taking responsibility means making sure that you don’t harm anyone and that you’ve done what you’ve agreed to do. Compliance with this law has nothing to do with taking responsibility. Gun owners in the other 49 states die every day, and amazingly, virtually none of their firearms wind up “in the wrong hands” as a consequence of their state’s failure to enact a law like NY’s Safe Act. To me it looks like it’s either security theater meant to get votes from pearl clutchers, or it’s obedience training. Whatever the case, it has nothing to do with taking responsibility.

  9. Thank God I left that hell hole of a state.
    My dad left me his guns in his will.
    I then had to get an FFL to hang on to them until they could be added to my permit,
    Again thankfully I lived in a county where you could have as many guns on your permit as could be printed on it or crossed off.
    It ridiculous there.
    Some counties allow 1 gun some 3.
    In any event its a defacto 30 day wait before a judge will add anything anywhere.
    As long as you have the certificate you can keep the guns in your home.
    The whole system stinks to high heaven. This was all before the “Safe Act”.
    If I were still there and didn’t register my dads guns and they came for them.
    I d be in the news for sure.
    1st dead citizen who hopefully took a few with him.

    • Well thank goodness that you followed the proper procedure (gave guns to an FFL, asked a judge for permission to accept what your father had willed to you, did the proper paperwork) when your father died, otherwise who knows what sort of mayhem might have ensued!

  10. Hmmm. IANAL and defer to those in NY who are, but in CA, if guns have not been transferred before death, or specified in will, then they are part of estate subject to probate law, and ownership transfer becomes the responsibility of executor, who is resonsbile as fiduciary for property belonging to the estate, for fair value in liquidation, as well as proper transfer through FFL like any other sale or transfer.

    The CA or NY State coming in and conning some relative out of property of the estate would be no different, ethically, than some stranger coming in and conning some unauthorized relative into illegally transferring ownership out of the decedents estate. Its a violation of firearms and probate law in CA, anyway.
    It seems like an issue of illegal “taking” of property by the goverment, too…is that the proper term? I thought that is a big constitutional no-no. Not that it matters to Cuomo, but I’m surprised someone in Albany hasn’t objected, more strenuously.

    • How NY works: First, keep in mind it is illegal to touch a handgun without a handgun permit. So, how do you buy one? Theoretically you can’t touch them at the store. You have to pick one out or order one online and have it sent to an FFL. You put your money down, but you can’t get your gun- even if you have a permit. You have to take the proof of sale and serial number etc to the gun permit people, when they see fit to make an appointment for you to get an amended permit (time varies, but was around 6-8 months in some counties during the big push in 2012). They put ‘your’ new pistol information on the permit and only then can you go back to the store to get your firearm that you paid for).

      This is assuming you already have a permit. If you don’t, that process will take half a year if you’re lucky. It’s a strange place, and there’s no exception for next of kin regarding handguns. You have to have the guns held at an FFL to make the exchange.

  11. Wow that sucks. Hide ’em. I still can’t tell you what happened to my dads guns when he died. And I thought Illinois was awful. As an aside an enemy of gun rights died today. Former mayor of Chicago Jane Byrne. Mainly responsible for the handgun ban in Chicago. For “public safety” don’tcha know…

  12. In upstate NY, each handgun you can use is written down on your pistol permit. The same handgun can be put on several pistol permits if it is to be shared.

    So, if someone dies, and there is no pistol license holder in the household that the handguns of the deceased can be put on, they are in violation of the law having that handgun in their home.

    It is all an entirely logical consequence of licensing and registration.

  13. A prime reason to not live in a Blue State if at all possible, also the best reason to never allow firearm registration

    • Hardly a blue state/red state issue–both confiscate anything they can get their hands on. People lose money, jewelry, cars, and one family lost their home when their teenaged son sold $40 worth of drugs on the porch of their home. All the states are corrupt, red and blue alike.

  14. Rule 1: The state owns your property, your life and any future possessions you may acquire and will tax accordingly.
    Rule 2: They will come for the above items at whatever time is most convenient(for them).
    Rule 3: When in doubt, see rule 1.

  15. NY can call it what they want, however it seems to me that a simple FU when they knock at the door, and I mean FVCK YOU and not even open the door, would solve a problem. I always know who is at my door before it is opened. If it’s a cop, they stick their foot in the door and if you have ever shut the door on a cops foot, you will know it’s not a good thing, so don’t open the door so they can’t stick their foot in the door so you can’t shut it.
    “sir, can you open the door?” FVCK YOU, get a warrant, GOOD BYE!
    My other point is that it seems like seizure without due process. So I suspect this entire seizure is nothing but a knock and talk and consensual forfeit. If the people are stupid enough to let the cops BS their way in and run off with peoples property, I almost don’t feel bad for them.

    • And when they do come back with a warrant or search order? When they kick your door open? When they send a military strike force (swat) with more guns ammo and backup than any subject is allowed to have what then?

      • Well Drew, you’d make an excellent Sheep. If you don’t talk to them, there is about a zero chance of getting a warrant. What’s the affidavit for the request for a search warrant going to say, they told is to FO?
        Cops BS there way into peoples houses. They depend on knock and talks and stupid people let them in!!!! Don’t talk to cops. I sure as hell wouldn’t!
        Don’t talk to cops, don’t talk to cops and in your case Drew, don’t be such a spineless little girl for gods sake!!

    • Actually, I think my Uncle either sold or gave away his guns before he died, unfortunately, one of the guns was my Dad’s.

  16. This validates why I hate NY. But, worse, most of my family would side with the state here.

    So happy to now live in free state!

  17. Serious questions. What happens to the survivors if they cannot produce all of the firearms on the form?

    What happens to the form when a firearm that is sold out of state?

    Can a person loan a firearm to another person?

  18. police,,,,where’s the guns?

    1st son….there with pop’s…6 ft under

    2nd son…no…no..i think he lost them last year in that boating accident in the middle of lake chick-a-ma-comical

    1st son… no …no..i think they were buried with him…”Ma’ you know what happen to dad’s guns?

    mother….i think he gave them to your uncle in Arizona

  19. Those pesky guns, just laying around then wandering out into the street. This is theft, pure and simple. No justification, no right, no authority. We need to start fighting back.

  20. Governor says it isn’t confiscation? So they stopped by for coffee and doughnut with plans to clean the firearms, a tune-up, then return them?

    Thank-you for the confiscation. We now have objective proof a registry has been used to locate and take firearms away from the law-abiding American citizen.

  21. New Yorker’s need to FLEE that state and move to a state that doesn’t confiscate ANYTHING upon ones death! Why do people tolerate being treated like criminals? And stop voting for and electing Dem/Liberal/Progressive/Socialist/Communists for political office(s)! Citizens HAVE to get involved to bring change to their state. Vote those OUT and vote for someone who values liberty and freedom for the people, otherwise you’ll get what you allow in… just like what you’ve got.


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