# Legal Issue



## mt1881 (Apr 5, 2011)

My father recently passed and left my wife and myself his gun collection. However, I have a felony on my record from 6 years ago and cannot own a firearm. My wife has a clean record and can legally own a gun. 

Personally, we dont want because of our children. My question is how do I sell them? Is it possible to sell them to a dealer even though I have a blemish on my record? What steps do I need to take?

Thanks


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## tony pasley (May 6, 2006)

Does your wife have a record? The estate can sell and you recieve the money, but a lawyer should be consulted before doing anything.


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## mt1881 (Apr 5, 2011)

My wife CAN legally own a firearm


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## SMann (Dec 11, 2008)

tony pasley said:


> a lawyer should be consulted before doing anything.


What he said. You don't need any more trouble and you surely don't want your wifes record getting screwed up. Talk to a professional. Hope it works out.


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## mt1881 (Apr 5, 2011)

Gotcha. I will contact a lawyer and get the specifics. 

I'm not crazy enough to bring em near me without knowing the laws. They are tucked away 3 hours east of me. Better safe than sorry.


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## Packard (Aug 24, 2010)

In New York State even if a person can legally own a weapon, if there is someone living in the same address that has a felony then they must give up the weapons.

I knew a guy on Long Island and his brother was arrested (aggravated assault) and released on bail. He had to have his guns put in storage until after the trial. I don't know the results of the trial, but if the brother was convicted upon his release the gun owner would have to move (or the convicted brother would have to move) in order for him to keep the weapons.

You will have to check with your attorney; even if your wife can own the weapon your felony conviction may negate that.


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## Steve M1911A1 (Feb 6, 2008)

*Packard*;
Could you please quote the relevant NY law, or at least specify the title, section, and paragraph so I can research it myself?
Thanks.


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## Packard (Aug 24, 2010)

Steve M1911A1 said:


> *Packard*;
> Could you please quote the relevant NY law, or at least specify the title, section, and paragraph so I can research it myself?
> Thanks.


It may have only been a requirement of the Nassau County licensing. When I applied for a license they asked if there were any felons or ex-felons living in the same domicile. If you answered "yes" then they would not issue the license.

If they knew that you had a licence and a felon was to move in, they you have to keep the weapons off-site.

I do know that he had to give up the weapons while his brother was living in the house.

There were cases that I read of in the newspapers where an order of protection was issued and all the weapons in the domicile, regardless of ownership, had to be given up during the order's duration, including long guns.

I would not know how to research this. But the "ask a lawyer" sounds like a good start.


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## AirForceShooter (May 6, 2006)

Get the guns to an FFL on consignment basis.

It's not you selling the guns it's the estate.

They never were yours and weren't ever in your posession.

AFS


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## MLB (Oct 4, 2006)

Regarding the NYS law issue; unfortunately, NY is a "may issue" state, meaning that the issuing jurisdiction (usually a county judge) has discretion to issue a license, restricted license, or deny based on his opinion of the "need".

A lousy way to run a railroad indeed.


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## Steve M1911A1 (Feb 6, 2008)

*MLB*;
At issue is a _license to possess_, not a license to carry concealed.
I know that NY City almost forbids carry, and makes possession extremely difficult, and that Nassau County is almost as restrictive, but I have been of the impression that the general run of NY State possession rules are far more lenient.
I will research the subject on my own, and find out for myself, just to quiet my curiosity.


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## MLB (Oct 4, 2006)

There is no distinction between handgun possession/carry concealed permits. Open carry is not an option. All handguns must be listed on your permit, and this permit is for concealed carry only. No permit of any sort is required for long guns.

The confusion likely stems from the fact that some jurisdictions limit your permit (to carry) for "hunting and target practice only". Some are further restricted to "premises only". While an infraction of these restrictions is grounds for revocation of the permit, they are not a crime per se, as these arbitrary restrictions are not coded in NYS law.

A starting reference: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=SEA27+&BROWSER=BROWSER+&TOKEN=07910802+&TARGET=VIEW

NYC is an entirely different bucket of bees.


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## Steve M1911A1 (Feb 6, 2008)

Thank you for the reference!

It's always nice to hear from someone who actually knows what he's writing about.

Instead of having to copy-and-paste, here's a clickable link to the source you found:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN400.00%[email protected]+&LIST=SEA27+&BROWSER=BROWSER+&TOKE%20N=07910802+&TARGET=VIEW


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