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July 20, 2013, 04:30 PM | #1 |
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Putting my guns on brother's and dad's permits, good idea?
Alright guys here's the deal. I am currently living at my parent's house with my brother as well. My dad and brother just got their permits this week. The only guns in the house are my 2. One of my brother's friends is a Sheriff's deputy, and he suggested having my guns put on their permits as well, in case anything were to ever happen and they had to use one of them. It would help to legally cover their asses basically. Has anyone else done this?
I think it's a good idea from a legal point of view, and totally understand. Yet at the same time it feels kind of weird to me to have the guns I bought on their permits. I'm sure I'll end up doing it, just wanted to hear opinions. We live in NY state by the way. Thanks |
July 20, 2013, 05:05 PM | #2 |
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Very few states (so far as I know) require listing specific firearms on your license/permit. New York is one of the few (maybe the only) with this requirement.
IMHO this is a question that can be answered adequately only by an attorney licensed and practicing in New York state. As I understand it, if one doesn't have a NY state license one cannot even handle a firearm in NY state. On the other hand, if you have a carry permit you are allowed to carry those handguns listed on your permit. Somewhere in between lies the person who has a permit, but doesn't own a gun and has no guns listed on his/her permit. If having a permit entitles your father and brother to pick up and shoot firearms, but they don't plan to carry your firearms, I don't see (as a non-lawyer who doesn't live in New York) anything to be gained by listing your guns on their permits. From your perspective, I think you need to ask if there are ANY potential liabilities for you that could arise from having your guns listed on someone else's permit. Once they are listed, your father or brother could carry one of your guns. Does that in any way make you secondarily liable for their use (or abuse) of the firearms if something should happen? I don't have an answer to that, but I think you need to objectively evaluate what's to be gained from doing this against what increased liability exposure it might produce for you. Remember ... YOU have nothing to gain from this, so you need to be assured that being a "good guy" can't turn around and bite you in the posterior. |
July 20, 2013, 07:33 PM | #3 |
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I live near Rochester. My wife and I have all our pistols on both permits. There are several good reasons to do this. For other members benefit, it is illegal in NY State to even handle a pistol that isn't listed on your permit, except at a gun range.
1) Yes, if they need to use them for protection 2) If something happens to you that invalidates your possession of them, because otherwise the police will confiscate them. This includes death. 3) The most likely scenario is you and one or both of the others riding in a car with your gun(s). In a car, everyone is considered to be in possession of any gun. If you stop for a bathroom break and a policeman sees the guns somehow, they are instant felons. So reason 2 is definitely a benefit to you. 3 is a benefit if you don't want them in jail. 1 is if you want them alive. While I never heard of someone suing the owner and not the possessor, people sue for lots of reasons. If they aren't on their permits and they use them, you are definitely liable if someone gets hurt with them. I'm not sure what the procedure is in your county, but is likely to be as easy as all of you going to your county clerk to have it done. In my county it costs $3 to do it (not per gun). Last edited by GJSchulze; July 20, 2013 at 07:43 PM. |
July 20, 2013, 08:24 PM | #4 | |
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You'll have to excuse me -- my head hurts from even thinking about this perspective, and I need to find some Excedrin. |
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July 21, 2013, 12:45 AM | #5 |
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Absolutely register the handguns on their permits as well. Registration on a permit in NY is not so much ownership as permission to possess the handgun. If the handguns are not on their permits, NYS law prohibits them from possessing (read, "touching them at all") without you present.
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July 21, 2013, 07:29 AM | #6 |
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I agree with the above posters, having handled the NY process too. Having them register your pistols really just protects all three of you in the event that they have to use them. It should also protect you in general since you are required to keep your pistols out of others' possession at all times, unless the pistols are also registered to them.
As an example, I cannot leave my pistol at my parents' house if I am away (being in the military) unless my mother and father both have a permit and the pistol is also registered to both of them or unless the pistol is locked up in a safe they cannot access. So registering to your father and brother will help with that complication too. Last edited by Buffalo Wing; July 21, 2013 at 07:45 AM. |
July 21, 2013, 10:35 AM | #7 |
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I am from New York state too. I agree with the other comments, all handguns should be on all permits in the house. My wife is in the process(a long one by the way) of getting her NY pistol permit. When she gets it I will have my handguns listed on her permit.
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July 21, 2013, 05:09 PM | #8 |
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[I]For other members benefit, it is illegal in NY State to even handle a pistol that isn't listed on your permit, except at a gun range.[/I This being the case you couldn't handle a firearm at a gun shop.
This is about the silliest thing I've heard all week. They couldn't even enforce such a law. |
July 21, 2013, 05:30 PM | #9 |
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Welcome to our fine state, dajowi
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July 22, 2013, 02:48 AM | #10 | |
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July 22, 2013, 10:17 AM | #11 | |||
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July 22, 2013, 12:10 PM | #12 | |
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I'll admit not knowing of any instances with firearms, but it happens for everything else as far as I know. |
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July 22, 2013, 01:33 PM | #13 |
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Re: Putting my guns on brother's and dad's permits, good idea?
Thanks everyone, you have brought up some very good points. They both just got their permits at the same time, so when we get a chance we'll take the half hour ride to the county sheriff's office and have it done. Then once they purchase their own handguns, I will have those put on MY permit as well. I have to remind myself that this doesn't give them free reign to use and take my guns whenever they please. It's just to cover our hides in case something were to happen. Thanks again, I love this forum!
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July 22, 2013, 10:17 PM | #14 | |
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July 23, 2013, 12:04 PM | #15 |
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Its a good idea. Everyone in the household who can legally do so should get their permit, and ALL handguns should be listed on ALL the permits.
Back in the late 1960s, my parents were in four car collision. They survived (although a couple people did not). It was after that that we realized that if something had happened to Dad, all his pistols would have to be turned in. He owned 6 handguns, which was more than anyone else we knew in our town (the next highest number was 2). At that time, if we turned them in to the State police, they would be held a certain amount of time (90 days, IIRC) and then, destroyed. If we turned them in to the local Sherriff, and applied for a permit, they would be held until the permit was approved (or denied). At that time each gun was listed on the permit by maker, caliber, barrel length, and serial number. Mom applied, and get her permit. Both my brother and I applied (and got) our permits when we turned 18. (at that time, the age of the permit holder was at the issuing judge's discretion, as was everything else about the permit) Also, at that time, permits were good for life, unless revoked. And not valid at all in NYC. And there was no concealed permit. Your pistol permit was required for ownership, and valid for open carry (other than in NYC) only. Are the permits today still the unlaminated paper they were then? I went into the Army in 1975, and left New York state. After my service, I wound up living on the other side of the country, in a place with a much friendlier attitude towards handgun owners. In 2000, New York contacted me, and since I was "no longer a NYS resident", the informed me my permit was no longer valid. And, they wanted it back! They wanted me to send them the little paper card with my picture & thumbprint on it. The one they issued me back in 1975! AND, they wanted me to tell them what happened to the handguns that were listed on it! (the guns on my NY permit were my Dad's (and Mom's). I owned no handguns of my own at the time I got the permit) Needless to say, they did not receive what they considered a satisfactory response.... in 2003, my Dad passed away (Mom had gone earlier), and I returned to NYS to help my brother deal with things. Some of Dads guns were going home with me (rifles), but the handguns we had to have shipped, FFL dealer to dealer. We (my brother, since he had the permit) had to drive 80 miles to find a dealer to ship them. (When I lived there, I could ride my bicycle to 4 different shops within 20 miles...) As to everyone who comments about "silly laws" and "you should move", the laws under which we grow up and seldom silly, we are taught to think of them as what is right, and proper. After all, its the law! it isn't until you live somewhere else, with different laws that you really get to understand the difference. I was happy, and even proud to comply with the NY law when I lived there. It wasn't until I lived elsewhere that I realized just how complex, costly, and onerous NY law really was. And I think its worse today. If your family, social, and economic situation allows, move. If it doesn't, obey the law and do what you can to get it changed (*and good luck with that*). New York State is a great place, but it is, and has been badly run for generations. And by badly, I mean with respect to gun rights. (its badly run a lot of other ways too, but this isn't the place for that discussion). Seriously, get everyone who can in the household a permit, and get all the gun on all of them. Its basic CYA for you, and everyone else. And remember, any crime (including traffic violations) could result in loss of the permit. That too is at the whim of a judge.
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July 23, 2013, 08:54 PM | #16 |
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I was also suggested to do this when I was still in NY but as a safeguard against the state confiscating the weapons in the event of your death of your permit being revoked etc which has supposedly happened before (I dont have trouble believing it just haven't ever looked for a documented case of it)
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July 25, 2013, 10:37 AM | #17 |
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Re: Putting my guns on brother's and dad's permits, good idea?
Yeah the permits today are still a green piece of paper with your picture on them and the pistols TYPED on the back by model, caliber, serial number. Pretty old school if you ask me.
Oh and I don't plan on staying in NY forever, I really don't like this state at all anymore. |
July 25, 2013, 11:33 AM | #18 |
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Re: Putting my guns on brother's and dad's permits, good idea?
Keep one gun for defense and ship the rest out of state.
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July 25, 2013, 12:08 PM | #19 |
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In regards to legal protection should an unpermited person need to use the gun for self defense, such things are generally considered an affirmative defense (I don't know if that legal term exactly applies but the principle does, at least to an extent), in that the fact of doing something illegal (using the gun that isn't on your permit) is overridden by the fact that doing so was imminently necessary for the preservation of life. Just like shooting your attacker is actually illegal except for the specific circumstance that allows for use of deadly force, the same concept applies to illegally using a firearm. If the shooting is ruled as self-defense, it'd be hard to imagine that they'd charge the shooter for illegally using the gun.
In regards to listing the firearms on someone else's permit, listing them does not imply or give ownership. It is a possession permit. The person who bought them owns them.
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July 25, 2013, 05:16 PM | #20 | ||
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July 25, 2013, 05:51 PM | #21 |
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There is no continuity in NY's permit system.
Some counties still issue a piece of paper. Some counties have "credit card" permits. Some counties will issue a "ticket" for purchasing a new handgun in the future with the only criteria being that you have it added to your permit within 10 days of purchase, other counties will not allow you to pick up the gun until it is purchased and added to your permit and they take up to 2 weeks to add the gun. Some counties issue ONLY "unrestricted" (concealed carry) permits, some won't issue CC for any reason. Some will issue permits in a matter of days, some exceed the 6 month legal time limit. Some counties will not allow the same firearms to be listed on multiple permits, some don't care at all. The whole system is the definition of "arbitrary and capricious"
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July 26, 2013, 01:19 PM | #22 |
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Wow, I didn't realize just how arbitrary the NYS system is. Monroe County (Rochester and environs) issues only unrestricted (that I've heard of) permits. Mine took nine months two years ago. You have to purchase the gun, then go to the County clerk with the receipt to get the stamp/coupon and then pick up your gun. This makes it a chore to buy a gun at any distance to you. Some LGS around here will send you the invoice before you pick up the gun, so you can go to the clerk's office first. Livingston County gives you 10 coupons when you first get your permit. Broome County (Binghamton) gives out restricted permits, like for just home and target range. I don't know how varied this is on Broome. I've heard of a judge in Wayne County, just east of Monroe and more rural, that takes up to a year and hands out restricted permits. I find that surprising in that you'd think Wayne had a lot of gun people.
I'm sure that the application of self defense laws is similarly varied. There were two trials in Monroe a couple of years ago where both people were acquitted, although I'm not so sure they should have been. |
July 26, 2013, 02:28 PM | #23 | |
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I don't know how much the informational aspect has changed but the processing office used to give out incorrect information, in writing. They had a whole packet of stuff they gave you that included several "interesting" tid-bits, such as claiming that it is illegal to transport your handguns interstate without shipping them to an FFL at your destination.
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July 26, 2013, 02:50 PM | #24 |
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The system is even arbitrary among similar applicants, depending where you're at (and is known to be preferential to those with connections).
In Erie County (western NY, Buffalo + suburbs), it took me right around the 6-months mark to get mine, while it took a friend who applied at the exact same time (who's also military) a whole year to get his. Erie Co. uses a plastic card that looks like most other states', except for the registration list on the back. For us, we had to purchase a gun with a letter saying we had been granted permits, but would not be issued the actual permit (and could not take possession of the gun from the dealer) until the first gun was registered to the permit. Due to that inanity, many in Erie Co. register guns from family or friends' permits when they first apply so they don't have to buy something right away. It was suggested during the required safety course as a good method for obtaining the permit, although one had to be careful as one of the surrounding counties (can't remember if it was Niagara, Genessee, or Wyoming) only allowed you to register 10 handguns maximum on your permit (the class covered several counties' requirements). |
July 29, 2013, 08:40 AM | #25 |
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Niagara County has now gone to plastic cards, as well. Much more durable.
As for listing guns on other permits, during several conversations with the local permit office, it's generally not recommended (or allowed, depending on circumstances) to have a gun on multiple permits UNLESS you are living under the same roof. I'm sure there are exceptions, but call them yourself and ask. They're very helpful. |
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