Police show up wanting to check guns

TheMoneyPit

TheMoneyPit

.357 mag
Messages
541
Reaction score
950
Location
Albany, NY
the thread the other day about the guy who had police show up at his house after his son made some comments at school about their poor security got me thinking.

Does anyone know the laws surrounding that in nys, what your rights are and how you should handle the encounter?

The scenario is: police show up at your front door saying they have received a report you have a gun or accessory that is illegal. Scenario 1 no search warrant, scenario 2 they have a search warrant.

I assume you don’t let them in and ask for a lawyer?

Last part of the scenario is (search warrant or not) you have everything gun related locked in a large safe (aka only you know the combo)


Looking forward to everyone’s feedback.
 
Steal2B

Steal2B

.700 Nitro Express
Messages
28,813
Reaction score
88,231
Location
Dutchess County
Even in this state's god foresaken political, economic, and cultural climate, I can't conceive of any reasonable scenerio where a legal visit would occur. If, however some pack shows up with a properly executed warrant, I wonder how they would cope with revelations and juristictions concerning potential recent tragic boating accident(s) and the items safely secured in various numerous free states for family outings?
 
SomeSoldier

SomeSoldier

.450/400 Nitro Ex
U.S. Military
Messages
10,452
Reaction score
20,207
Location
Florida
They only know what to look for that they know about. If they show up without a warrent go get one and if they leave you unattended then get your shit out. If they don't good luck, they are going to find whatever.
 
Jmac00

Jmac00

.475 A&M Magnum
Messages
19,012
Reaction score
52,385
Location
somewhere in America
first, if they DO HAVE warrant, do not open the door. Tell then to slide the warrant under/through or around the door so you can exame the document before they are allowed in. You have a right to read the warrant before you let them in. How do you know this isn't just a criminal gang trying to gain entry by posing as cops. As you are reading the document, be on the phone with your lawyer.

if they have no warrant? I suspect, like in maryland, a shoot out MIGHT occure or if they have a "no knock warrant" it could get equally as bad
 
turbobike

turbobike

.44 mag
Messages
911
Reaction score
1,792
Location
Leroy
I think as time goes on, we gun owners must disperse some of our guns to other like gun owners, we trust. As this type of law enforcement becomes more prevalent, and our 2A rights (whats left) are diminished, we can at least have some of our collection to fallback on, after the Jackboots confiscate them.
 
Blimey

Blimey

.450/400 Nitro Ex
Messages
11,292
Reaction score
16,277
Location
Western NY
Always never comply with search warranty. Never resist if they get forcible (they won't), but they could for your car or whatever, just say you do not consent, make it clear over and over you don't consent, them let them do whatever. Film it if you can.

Cops cannot enter your house without a warrant or an emergency of some sort (the latter will allow them to).
 
Blimey

Blimey

.450/400 Nitro Ex
Messages
11,292
Reaction score
16,277
Location
Western NY
Willjr75 said:
And when they do, will you bring them to the one large safe that contains all your guns and ammo?

You know the whole eggs in one basket.
Click to expand...
Why WillJr75, are you alluding to the fact you may have guns not in your primary, obvious safe?
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
38,721
Reaction score
43,129
Location
Western NY
If they have a warrant the warrant usually has parameters on it. Call your lawyer and make sure you read the warrant as mentioned and keep them within those parameters. Nothing should be visible or in plain site.
 
2WheelGnnr

2WheelGnnr

6.5 Creedmoor
Messages
1,973
Reaction score
2,161
Location
Honeoye NY
on a related matter.......sorta. my wife is applying for family daycare license (IE..NY wants MONEY) and part of it is inspection. one question is do you have guns..and she say yes....they want to see safe with the guns and verify they are all locked!!! Im way offended by this over reach but for kids safety...I say to her and the daycare lady...if you can open my safe...then you can look in it...thats my thought....it should be enough in my opinion to at beset case show the safe and #2 you didnt see any guns during your inspection LYING around....so......GOODBYE..

I really wish she didnt say yes as all to question...none of their business.......if say i had one laying around when they do inspection then site me for it...if you dont see a gun...what does it matter so to speak. BUT GOD they are way intrusive on this stuff........ again I plan to be there and again ask why she MUST see something locked away and cant see otherwise.... my wife is giving me greif and say I need to just do it and get on with my life process...but where does it stop.......I mean....to see inside the safe in my opinion not necessary...if you dont see one out during inspection then what does it matter........ we dont ever leave a gun out..and only I know the code...wife forgets it...I told her tell them you dont have the code. Im just at an impass with this and find it overstepping authority but bounds too.

we will see.
 
stokes

stokes

.338 Win Mag
Messages
8,435
Reaction score
16,223
Location
Columbia County,NY
Yes,it is overstepping,but my guess is that the app will be denied,even if you open the safe and show them.Just like firearms are not allowed in schools,they sure aint gonna allow them in a day care.Wife shoulda kept her trap shut and said no guns in the house.When they came to inspect,you could just deny access to the safe and said "its private,its locked,dont worry about it".Now they know there are firearms in there.
 
2WheelGnnr

2WheelGnnr

6.5 Creedmoor
Messages
1,973
Reaction score
2,161
Location
Honeoye NY
thats sorta my plan tell them there is the SAFE I keep firearms in.....see its locked......but I agree they will deny the app.... but we will see out it goes. it just boils my blood.
I wish she had not said anything then no problem but...its open now...we will see.....my plan is to say you dont have a pistol permit you can have access to my guns without proper certification. sorry but they are in that safe for whats its worth........
 
stokes

stokes

.338 Win Mag
Messages
8,435
Reaction score
16,223
Location
Columbia County,NY
Its gonna be a slippery slope no matter how you deal with it going forward,the minute she said there were guns in the house is kinda the death knoll for any approval.Like I said,they wont allow guns in a school for young adults,forget about guns in what is basically a school for very young kids.
 
2WheelGnnr

2WheelGnnr

6.5 Creedmoor
Messages
1,973
Reaction score
2,161
Location
Honeoye NY
well she made the executive decision she caved.....she opened it up quick and just as quick slammed it shut.....they said nothing and just put a check on their checklist.
DONE.....we will never be asked for that again....as they dont do all these checks during the annual review/inspectiion. I say this till the popo show up thiniking I have something I should not....but my wife said she does even know how the ladie could have seen anything..... so we will just go from there. I feel raped...I take people into my house and show them my safe......... even where it is ...is part of the mystery....as hidden behind a bookcase "door"....
 
Cooolone

Cooolone

.338 Win Mag
Messages
6,400
Reaction score
9,979
Location
NY, USA
In addition to all that has been said above, once LE enters, I would film the entire interaction... Don't interfere if warrant is provided, but film nonetheless! If anything, it keeps everyone on their best behavior! ;)

Take a pic of the warrant as well...

Be nice, but know what they are looking for and where (on warrant)...

When all said and done, then follow up with any legal recourse available by law against the arbitrary and possible constitutional issues with a warrant being made by a judge based upon what-ifs! Pretty sure there is some serious precedent and legal standing for the issuance of warrants for "searching" a property, and "just because" isn't one of them. But in the new world order of "it's better to be safe"... "what constitution"... I guess it's OK
 
You must log in or register to reply here.
Top