Need help

[ericl]

I have been a gun enthusiast for 40 years. I have never come across this issue before. Any HELP would be greatly appreciated. My best friends uncle went back to New York over the weekend for his Uncle's funeral. While there, his Aunt gave him 2 guns that his uncle had brought back from WW2. They were 2 German Lugars, 9mm. He had to fly back home to texas so he bought 2 locking gun cases. He secured them according to airlines policy. He declared them at the gate in his checked luggage. No ammo. As he was making his way to the gate. He was arrested by Home Land Security. They said he was in possession of 2 fully automatic weapons.He is currently sitting in RIKERS. I have been researching all day and have spoken with a friend that has more Lugars than the German Army did dating back to WW1. I cannot find any history of Lugars being made as fully automatic pistols. Has anyone ever heard of this or is Homeland security got their head in a dark place? The uncle brought them back and stored them. He never fired them nor was he any kind of a gunsmith that could have converted them. My email is: elewiscs@hotmail.com

Thanks for any info!

[gunnertwo]

There aren't any. Experiments may have taken place but the odds are astronomical that those guns would be your guns. I believe you have encountered a severe lack of knowledge regarding firearms from the government minders.

If you are sure of your identification then I would contact an attorney and threaten legal action.

G2

[DonVoigt]

I'm afraid that if he was in NYC, even the possession of two pistols would land him in jail.

This is one time that for sure he needs a "New York " lawyer.

[ithacaartist]

NY State's rules are complicated, and have changed as recently as the S.A.F.E Act. It's easy for an unwitting but innocent person to make himself a criminal through ignorance. We hope he gets off, and can also somehow take the Lugers back to Texas, but I fear the worst. Lack of due diligence is to blame here, sorry to say.

[pitsword]

New Yawk, New Yawk. A great place to be from, a long ways away from. I know and I weep looking back to family loss.

[Karl]

I understand that New York has especially restrictive firearms laws but from the initial post it appears that the person was charged by Home Land Security with possession of automatic weapons. Do federal agents at an international airport enforce state laws?

KFS

[mrerick]

Handguns must be registered in New York state.

You must have a concealed carry permit to possess a handgun anywhere in New York state. Placing them in locked declared luggage would have satisfied Federal transport rules except that he was not lawfully permitted to be in possession of the handguns in New York state.

The jail at Rikers Island is in New York City, so it's also likely that he was stopped at a New York City airport, and you're in violation of New York City law as well.

It's likely that New York state law restricts transfers (even inheritance) to those with permits, and requires use of an FFL to do so.

The action type would not matter. The fact that he was in New York in possession of a handgun was a felony violation of their state law.

You don't need the advice of an online gun forum, you do need a competent New York lawyer that is familiar with their gun laws. Prepare for some breathtaking expenses.

Start with a lawyer you're familiar with in your local area and seek a reference.

I would advice against listing your personal email on the forum.

[Mister Sunshine]

The way i read this, two more fine Lugers bound for the smelters.

[DavidJayUden]

You're probably right. Thousands of dollars later, the Feds will drop charges, but those Lugers are now "illegal" guns and they aren't coming home.
dju

[Ragnar]

Ya just gotta love these liberal states and cities!
Uncle shoulda resided here in Arizona!!

[mrerick]

As you all know, we discourage political discussion here. That said, I maintain a blog elsewhere for discussing such things.

[HerrKaiser]

With any degree of luck, the upcoming SCOTUS case about NYC’s absurdly unconstitutional gun laws may end up exonerating your uncle and getting him out of Rikers and possibly off the legal hook. His Lugers are most likely beyond hoping to reclaim and/or already destroyed though, which is a massive shame on so many levels. I also wouldn’t expect to receive any of the compensation that you are constitutionally entitled to for government seizure of personal property, if the best case scenario comes about, without some more hefty legal costs.

I strongly urge that when transporting firearms across states that apparently can’t read the constitution, just deal with the FFL transfers to your new place or just keep them in your trunk unloaded and secured and don’t bring it up to anyone or advertise it at all.

[mrerick]

The firearm transport rules you allude to would not apply to this case.

Lawful federal transport of a firearm requires that you have lawful possession of it at both the starting and ending points of the transport.

In this case, within New York, the individual did not have lawful possession of the handguns, and was in probable violation of New York City, New York State and Federal law as a result.

I think that these draconian anti-gun owner laws are unconstitutional, and also inappropriate, but as we stand, they are on the books and enforceable. A Supreme Court challenge could take years to weave it's way through the layers of courts involved. In the meantime, one of the impacts of being convicted of a felony violation of firearms law is that you become a prohibited person as well.

The very fact that legislatures have passed these laws is certainly problematic, but I would never volunteer to be the test case for one of these legal actions. The fact is that if a legislature passes such a law, and no court chooses to finally reverse it, the law stands. That is how our system works.

I have studied Second Amendment law, and the origins of the right to bear arms. I also contribute to introducing legislation in my own state to correct such abuses as a director of our state's gun rights organization, GRNC.

Please see some of my Blog for more on this, rather than discuss the politics of this here.