Can a Sheriff Deputy transfer a locked up gun onto her permit?
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Thread: Can a Sheriff Deputy transfer a locked up gun onto her permit?

  1. #1
    Private ctrain18's Avatar
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    Default Can a Sheriff Deputy transfer a locked up gun onto her permit?

    New member here and first time posting so I hope Iím in the right spot. Back in 2011 my wife surprised me with divorce papers and we still lived together because I couldnít afford to move out which of course made things uncomfortable and arguments became a thing plus my lawyer was telling me to stay other wise she could take the house in the end so I listened. That was a bad choice, after a few months I came home from work one day and answered the door to to Deputies telling me I had to leave the home. They gave me time to pack things while they did all the paperwork to take my long guns, pistols and permit. There was no prior interaction with law enforcement, I committed no crimes to get this order of protection put on my aside from the fact that I had guns in the house and my ex said she feared for her life. The truth was we owned a two family home which her parents lived in the other half causing her to fear losing the home in the divorce so she needed me out. After a few court hearings and the divorce coming to an end the order was lifted, my long guns returned but not my pistol permit or pistols. So to make this long story short my lawyer sent letters for years asking for the return of my guns or a hearing. In about 2016 we finally got the hearing and the judge wanted my case to go to trial because he felt it was a serious matter. We never got to trail because the clerk never scheduled one and eventually was fired for reasons I donít know.

    Years went by, I no longer had my lawyer and the judge retired so I didnít know what to do about getting my guns back. Well about four months ago I got a letter from the new judge stating he was going to revoke my permit and have my guns destroyed if I didnít respond in a matter of time. I did respond, got my day in court and he asked me to come back because he wanted to talk to my ex wife. I got another day in court, she was there and the judge asked his questions and decided to reinstate my permit. I couldnít be happier so I made an appointment to see the permit clerk to get my new permit. I told her I had two guns at the Sheriffs department and the paperwork they gave me when they took the guns. She went on to tel me a deputy there (thatís now retired) transferred my guns onto her permit. One was done in 2016 and the other was transferred in 2018. Just a short background on this, I dated this deputy back in 2016 for a couple months. She tried take the guns then so they wouldnít get destroyed and I could get them from her if I ever got my permit back. Well the one gun required my ex to sign off on because it was on her permit too. Sheís wasnít having that and complained to the Sheriff. This Deputy took the one gun back to it place and said she wasnít going to get in trouble for keeping the guns if my ex made any further trouble. That was the last I thought about those guns until now.

    My question now is; was she allowed to take those guns without my permission or the judges? If so where would I find the law on that or is there a criminal procedure law explaining what can happen to firearms in the custody of police? I just want to know if Iím out of luck her or if I can peruse demanding her return them or file a claim to the Sheriff or county. I canít afford an attorney so I am in hopes something can be done without one. Thank you all who took the time to read this long post. Itís all over the place but i tried to keep it small and to the point. Thank you also for any advice.

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  3. #2
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    Every place is different and each department is different.
    from what I know from my local department and what I think the rest of NYS is guns used in a crime can not be transferred and are destroyed by the state police. That’s what my dad tells me and he’s a cop. They can’t take anything like that anymore and haven’t been able to in years. Like 20-25 years.
    id be curious to see what your paperwork says? Does it give a time frame? If not I’d say that the judge sent you a letter saying of you don’t do X by X timeframe your guns will be destroyed then that’s what I would go by. If you know this deputy I would speak to her and tell her you want your guns back or you will go to her supervisor. I can’t imagine how she could transfer them to her permit without your permission or someone else’s. That’s called theft and I would certainly peruse it.

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    What a mess. Forget about all this and move on with life. Buy new guns. Get away from all these terrible people and don't put yourself in this situation again. My head hurts from reading your post. Poor guy probably looks like a beaten dog. Start fresh.

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    Corporal 1911operator's Avatar
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    I have to ask, did you “IN FACT” give the deputy permission to take the guns in 2016 or did she do it on her own? Also, when she took possession, were they placed on a pistol license or did she transfer them, as a LEO with an acquisition/disposition (PB1) form to the NYSP?

    If the transfer was legit, there will be a paper trail in either case. The easiest course of action is to ask the deputy if you can still locate her to see how they were transferred. Being she is retired, they should be on her permit, if she has one. Some LEOs , mostly retired FEDs, forgo permits and carry under LEOSA.

    Good Luck, let us know how you make out, hope you get you gun/s back.

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    Private ctrain18's Avatar
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    Hey smitty846 I have separated myself from all that crap and even purchased a new handgun. I should have known this deputy would pull a stunt like that but it was still a surprise when I found out. She was always a shady person. Oh well, moving on.

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    Private ctrain18's Avatar
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    1911 operator, no I never gave her permission. I told her the same thing told to me over the years and that was the judge had to give the sheriff permission to release the hand guns which is why they were in their custody so long without being destroyed. She definitely did these on her own and she put them on her own permit because the local gun store owner remembers doing the paperwork on it.

  9. #7
    Corporal 1911operator's Avatar
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    So at this point, do you want the guns back? If so, start at the source. Make, start a formal inquiry with the Sheriff’s office. If you get no traction with them, go to the State Police. You can do it yourself, but if it was me, I’d get an attorney, at least to write the initial letters. They’re your guns and worth money, but most importantly they’re YOURS. Let us know how it plays out.
    Saltwater60 likes this.

  10. #8
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    Quote Originally Posted by 1911operator View Post
    So at this point, do you want the guns back? If so, start at the source. Make, start a formal inquiry with the Sheriff’s office. If you get no traction with them, go to the State Police. You can do it yourself, but if it was me, I’d get an attorney, at least to write the initial letters. They’re your guns and worth money, but most importantly they’re YOURS. Let us know how it plays out.
    I agree. Also how were they transferred without your permission? That’s a crime. If they are on her permit what paperwork is needed to put a pistol on a permit? She must have had none or forged the paperwork if you didn’t provide anything stating you transferred them to her. If that’s the case are they still listed on your permit?

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    Quote Originally Posted by ctrain18 View Post
    Hey smitty846 I have separated myself from all that crap and even purchased a new handgun. I should have known this deputy would pull a stunt like that but it was still a surprise when I found out. She was always a shady person. Oh well, moving on.
    Smart move.

  12. #10
    Corporal 1911operator's Avatar
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    Quote Originally Posted by smitty846 View Post
    Smart move.
    ,
    Please explain, how does one, let someone get away with petty or grand larceny ? And, that someone may be an LEO. Granted, there are two sides to every story and the LEO could be perfectly legit in the acquisition of the OP’s firearms. Me thinks there is some doubt in the OP’s mind, to have him walk away.

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