Gun Trust in New York State

4205raymond

I will soon be talking to a lawyer who comes highly recommended for setting up a gun trust. He is a hunter, gunner and avid outdoorsman and now running for DA in a adjacent county. From reading some of the ABA material they say that Gun Trust should be a separate stand alone trust and not incorporated into regular trust.

It is possible that my problem will be solved when I see New York State in my rear view mirror for the last time. Any words of wisdom/advice will be greatly appreciated. Thank you. ------------Ray

shootuadeal

What is your goal of said trust?

4205raymond

shootuadeal said:

What is your goal of said trust?

To prevent any firearms that never went thru instant background check from being listed on form to Surrogate Court and New York State Criminal Justice System. I have at least Bill of Sale on these. Rest of firearms went thru instant background check 95%.
These two list are registration and as far as I am concerned are a heartbeat from confiscation. 

To prevent executrix of estate from committing a felony by not submitting list as required in 15 days or transferring them. Supposedly I can do transfer to immediate family as that is a exception. This sounds to simple and I will believe it when it is all laid out and lawyer makes it clear to me.

I have about six family members that will take a few guns that are not immediate family.

I have a unrestricted NY State pistol permit and will have to find someone with permit to accept pistol.

I intend to leave a rather large sum of money to the West Point and West Virginia Rifle Teams to be done by my daughter from proceeds from sale of some of firearms.

Note: these are a few of my basic concerns. There are others. I do not wish for State Police or local LEO to drag firearms out of my house for safe keeping for a year until they get instructions from court for distribution and if not they cut them up. And if they get instructions what condition will they be returned in.

I acquired these firearms over decades and spent thousands of hours restoring about 50% of them. If you think firearms are your personal property in New York State, you are mistaken. There is no Due Process. Wake up People!

hillbille

if only two you are really worried about and you don't use them, give them away now, same with friends who are not family, give them away now, you will get satisfaction of knowing state didn't get their fingers on them and the smiles from those who did..........

  just recently gave my new daughter in law and son some of my dads guns and a few of the others I don't use, she had never even heard of a 28ga, at least I know who got them....

4205raymond

hillbille said:

if only two you are really worried about and you don't use them, give them away now, same with friends who are not family, give them away now, you will get satisfaction of knowing state didn't get their fingers on them and the smiles from those who did..........

  just recently gave my new daughter in law and son some of my dads guns and a few of the others I don't use, she had never even heard of a 28ga, at least I know who got them....

Hillbille, I have a BIL in Texas that will probably get four guns for his Son in Laws before I get in too deep with a lawyer. What you are saying makes a lot of sense. For obvious reasons on a public forum I can't get too involved in how many or what kind of firearms. I probably can say collection is very large and will be overwhelming to executrix of estate or who manages trust. Never dreamed when I came here from Virginia in 1961 in the Army that one man Andrew Cuomo could make my life so miserable. Selling my home here and moving to my home in Va. may be my best option. Governor Ralphie in Va. is playing with Fire and the friends and relatives that I grew up with will not stand for the Cancer that Bloomberg and Cuomo have spread to VA.

gjshaw

I had a fairly large collection back in the early 90’s and I got tired of daddy cuomo back then. I packed up everything and moved to Florida. Best thing I ever did was getting out of NY.

I now have a decent collection that cuomo can’t touch ever.

4205raymond

gjshaw said:

I had a fairly large collection back in the early 90’s and I got tired of daddy cuomo back then. I packed up everything and moved to Florida. Best thing I ever did was getting out of NY.

I now have a decent collection that cuomo can’t touch ever.

One thing for sure, Mario will never touch your collection. Now Andrew, if he is drafted come November and the Demorats boot Biden, he will touch us all. We all hope he will just fade into oblivion after his Fireside Chats are over.

Don McManus

'I have a unrestricted NY State pistol permit and will have to find someone with permit to accept pistol.'

I know you do what you have to do, but 'unrestricted permit' is a sad commentary on the State of New York.

4205raymond

Don McManus said:

'I have a unrestricted NY State pistol permit and will have to find someone with permit to accept pistol.'

I know you do what you have to do, but 'unrestricted permit' is a sad commentary on the State of New York.

Don, yesterday I sat down with a retired County Judge( required at age 70) and we talked about wills, trust, gun trust etc. He has switched his party from "D" to "R" and is now running for DA. You probably know when a gunner dies Trustee/Executrix must file a form with Surrogate Court and NY State Criminal Justice System in 15 days listing all firearms ( in many cases that person will still be in a state of grief for the departed) If that person does not submit these list of firearms they can be charged with a felony. If there is no action in 15 days guns can be seized for one year and can then be destroyed if no action taken. This is a backdoor way to scoop up all earlier possessed guns before instant background check. Plain an simple it is REGISTRATION and we all know that is a heartbeat from CONFISCATION.

With regard to "unrestricted permit". Quite a few years back I had to write a letter to County Court Judge giving some background data on myself and reason for wanting to change my permit from restricted to unrestricted. After waiting a very long time my court date came up. I went inside this large room and sat down. It seemed to me that I was maybe in the wrong place so I asked the gentlemen next to me if I was in the right place. He told me to be patient that they would call my name eventually. In walks three prisoners in jump suits, cuffs and leg irons. I suddenly realized I was in CRIMINAL court. When my name was called I walked up to the Judge at the bench and answered all his questions. He asked me if I had any questions and I said I did not realize that I had to rub elbows with criminals in a criminal court. He told me "Don't feel bad the gentlemen before you (that I had just talked to) is a retired Captain in the NYC police force." I was humiliated and  disgusted with the whole procedure.

What follows is a small sample of some of the firearms that I have collected in my 77 years with about 50% that I restored. I spent thousands of hours on these firearms and now in my final days/years I am being treated like a criminal. I never even got a parking ticket.