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Discussion Starter · #1 · (Edited)
My firearms were seized on May 9th when I became the subject of an order of protection. The order was obtained by my wife through family court in Niagara county, where she made false and malicious statements. My pistol permit was suspended as well. Her petitions were withdrawn on June 4th and the order was vacated. There were never any criminal charges made against me. I was instructed to write a letter to the sheriff department to coordinate the return of my long guns and never heard back, I think it's been a month. I requested a hearing regarding the pistol permit suspension because the letter I received stated that it could be revoked if I didn't. I've since learned that the hearing could be several months away.


I have a sworn statement from my wife stating that her allegations were false and that I have never threatened her, and that she did not feel threatened. The pistol permit investigator stated that because I had filed for a divorce they would not reinstate my permit until everything was settled. Permits are not suspended because of divorce filings, but apparently suspended permits aren't reinstated if there is a filing. I am a former peace officer, army veteran and NRA pistol safety instructor. I understand the rules, and was utterly cooperative and even called the sheriff department to schedule the pick up as soon as I learned about the order of protection.

I feel as though my permit should be reinstated and property returned because it was only seized and suspended because of false statements. I'm a victim of perjury and abuse of process, and it seems that the sheriff's department and pistol permit office are perpetuating my victimisation. I'm already going into debt to pay a divorce attorney, and would like to handle this myself but my efforts so far have been fruitless. Any advice?
 

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Lawyer up
 

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Discussion Starter · #3 ·
I'm wondering if anyone knows of any legal grounds they may have to not return my property and reinstate my permit.
 

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As someone who has dealt with having a permit wrongfully suspended, I strongly recommend you contact the tresmond law firm. PM me or ChrisWNY for their number. They have an excellent rapport in Erie and Niagara Counties.

Edit: It took me nearly 2 weeks of daily calling to turn in my guns voluntarily. Even while entirely innocent it is difficult to comply since the system in flawed.
 

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As someone who has dealt with having a permit wrongfully suspended. I strongly recommend you contact the tresmond law firm. PM me or ChrisWNY for their number. They have an excellent rapport in Erie and Niagara Counties.

Edit: It took me nearly 2 weeks of daily calling to turn in my guns voluntarily. Even while entirely innocent it is difficult to comply since the system in flawed.
Chris knows the drill. Unfortunately. Take his advice.
 

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Discussion Starter · #7 ·
You don't want us, you want a lawyer.
Sue you ex for the legal fees when u get them back.
PM'd for the number, but shes broke and unemployed, so I'll be unlikely to recover anything from her. Hopefully this won't cost too much, as much as it sucks it might be cheaper to buy new guns...
 

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PM'd for the number, but shes broke and unemployed, so I'll be unlikely to recover anything from her. Hopefully this won't cost too much, as much as it sucks it might be cheaper to buy new guns...
Replied to PM. Don't give up. Tresmond is a good firm and will assist you.
 

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Guys kindly stop referring to your NYS LICENSES TO CARRY as a "permit"
Words have definitions and specific meaning.
 

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Guys kindly stop referring to your NYS LICENSES TO CARRY as a "permit"
Words have definitions and specific meaning.
permit (n): an official document giving someone authorization to do something.

license (n): a permit from an authority to own or use something,do a particular thing, or carry on a trade
 

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My firearms were seized on May 9th when I became the subject of an order of protection. The order was obtained by my wife through family court in Niagara county, where she made false and malicious statements. My pistol permit was suspended as well. Her petitions were withdrawn on June 4th and the order was vacated. There were never any criminal charges made against me. I was instructed to write a letter to the sheriff department to coordinate the return of my long guns and never heard back, I think it's been a month. I requested a hearing regarding the pistol permit suspension because the letter I received stated that it could be revoked if I didn't. I've since learned that the hearing could be several months away.

I have a sworn statement from my wife stating that her allegations were false and that I have never threatened her, and that she did not feel threatened. The pistol permit investigator stated that because I had filed for a divorce they would not reinstate my permit until everything was settled. Permits are not suspended because of divorce filings, but apparently suspended permits aren't reinstated if there is a filing. I am a former peace officer, army veteran and NRA pistol safety instructor. I understand the rules, and was utterly cooperative and even called the sheriff department to schedule the pick up as soon as I learned about the order of protection.

I feel as though my permit should be reinstated and property returned because it was only seized and suspended because of false statements. I'm a victim of perjury and abuse of process, and it seems that the sheriff's department and pistol permit office are perpetuating my victimisation. I'm already going into debt to pay a divorce attorney, and would like to handle this myself but my efforts so far have been fruitless. Any advice?
I am going to throw in a little different response here.
I worked with many guys who got into difficult domestic situations. The lawyers always tell the wives to make the false accusation of threats with a gun. Guys do get wise to it.
So often an Officer about to go through a divorce would arrange to sign his gun in at night and sign it out in the morning for work. More than one wife was caught in the false report lie when it turned out that the husband did not even have his gun, it was locked up at the Command.

So in my opinion the smart move here, aside from getting a lawyer of course, may be to arrange for a local dealer to pick up your guns and hold them, or transfer them to someone who can legally have them. Until the divorce is over.

That way, she can not make any more false accusations against you, and the process will be much smoother.

Again, just a suggestion. This is not really about rights, it is about defending yourself against sleazy divorce lawyers.
 

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My firearms were seized on May 9th when I became the subject of an order of protection. The order was obtained by my wife through family court in Niagara county, where she made false and malicious statements. My pistol permit was suspended as well. Her petitions were withdrawn on June 4th and the order was vacated. There were never any criminal charges made against me. I was instructed to write a letter to the sheriff department to coordinate the return of my long guns and never heard back, I think it's been a month. I requested a hearing regarding the pistol permit suspension because the letter I received stated that it could be revoked if I didn't. I've since learned that the hearing could be several months away.

I have a sworn statement from my wife stating that her allegations were false and that I have never threatened her, and that she did not feel threatened. The pistol permit investigator stated that because I had filed for a divorce they would not reinstate my permit until everything was settled. Permits are not suspended because of divorce filings, but apparently suspended permits aren't reinstated if there is a filing. I am a former peace officer, army veteran and NRA pistol safety instructor. I understand the rules, and was utterly cooperative and even called the sheriff department to schedule the pick up as soon as I learned about the order of protection.

I feel as though my permit should be reinstated and property returned because it was only seized and suspended because of false statements. I'm a victim of perjury and abuse of process, and it seems that the sheriff's department and pistol permit office are perpetuating my victimisation. I'm already going into debt to pay a divorce attorney, and would like to handle this myself but my efforts so far have been fruitless. Any advice?
I would sue the hell out of my ex-wife, that's for damn sure.
 

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I found myself in the situation Scosgt just described during my divorce. Thankfully it all worked out. Unfortunately, that took 17 months even though the orders of protection (her mother decided to jump in the game) were gone after 30 days.

Best of luck. As they say, "this too shall pass."
 

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Get your divorce lawyer to call and demand the return of your property. They have no reason to hold it.
 

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The day after my ex wife vacated my property I toook every firearm ,magazine,bullet and safe from my house to my fathers,I was in no way shape or form going to deal with any false accusation's involving guns.

Sucks to hear this happened to you,lawyer up and stay the course,its not about just getting firearms replaced its about getting your personal property that was wrongfully seized from you back and keeping the system in check.
In this situation I would fight tooth and nail if I were you
 

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Discussion Starter · #16 ·
Get your divorce lawyer to call and demand the return of your property. They have no reason to hold it.
Thanks for the advice guys. I'm going to speak with my divorce attorney about this and see if get a quick resolution.
 

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Get your lawyer working on it as soon as possible! Good luck hope it all works out for you.
 

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As someone who has dealt with having a permit wrongfully suspended, I strongly recommend you contact the tresmond law firm. PM me or ChrisWNY for their number. They have an excellent rapport in Erie and Niagara Counties.

Edit: It took me nearly 2 weeks of daily calling to turn in my guns voluntarily. Even while entirely innocent it is difficult to comply since the system in flawed.
Explain to me how and why a mere accusation can result in forfeiture. I'd be tempted to "voluntarily" loan them to a friend.

Did they also take long guns or ask if you had any?
 

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Explain to me how and why a mere accusation can result in forfeiture. I'd be tempted to "voluntarily" loan them to a friend.

Did they also take long guns or ask if you had any?
It is not forfeiture.
No one said he can never get them back.
In fact, I am near certain that he can have a dealer pick them up and hold them or sell them.

When an allegation is made regarding improper threatening with a firearm, they take the guns. A Judge will back them up on that 100% of the time.
Divorces get nasty and you have to go with the flow.
Right now he is better off not having them, it saves him from further allegations.

Just have them held someplace.
 
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