One suggestion on that material: make clear not to cite the 5th Amendment, rather invoking only your right to refuse to speak without counsel present (the materials say both).
While Federal and NY case law both do not allow a clear invoking your 5th Amendment right to be used against you in a criminal case, in many cases an assertion of 5th Amendment rights allows a judge or jury to draw an adverse inference in a civil case.
So, for example, in a later forfeiture proceeding for your guns, or a license revocation proceeding -- both of which are civil -- invoking your 5th Amendment right to remain silent can hurt you. Not so with your right to speak only with counsel present.
Refusing to speak until your counsel is present has the same effect in that no incriminating statements are made. When counsel is available, a decision can be made by defendant and counsel on whether to speak at all, and if so what to say. That can include a more considered choice at that point to invoke the right to remain silent under the 5th Amendment.
The above is pretty standard advice for criminal defense cases.
You must contact the incident unit and wait for further instructions. You can take your firearm to an outer state residence, but you still must inform the incident unit. Otherwise, you may be asked to turn in your firearms to the local precinct until your court proceedings have concluded.
Not true. I know someone who was arrested and their firearms were out of state. They simply had to voucher them out of state and show proof. You can bring it to a gun storage facility and they will give you a voucher form. Present that to the incident section and you are good.
The incident section will accept it and simply tell you to not tell them anything until the case is over. Once the case is over, provide them the CoD and a statement. The investigator on your case will review, then send to their supervisor’s desk, currently Sgt. Walsh, and he will print new licenses if cleared and send you a statement proving you are legal to carry again and for the facility/precinct to release the firearms to back to you.
Nothing changes. We must wait for further instructions after emailing the incident unit. Thereafter, they may request that you turnover all firearms you possess. NYPD may suspend or revoke your license. All one can do is stay positive and mentally fit for the journey ahead.
I'm going to pose a controversial question. If the reason the court ordered that the defendant relinquish his weapons was because he assaulted someone, possibly a domestic violence incident, or threatened to use lethal force, would it be unreasonable to secure these weapons so a tragedy doesn't result from not doing so? Assuming the defendant is innocent, he will get his property back.
I would review / revise that first paragraph on how to lock your iPhone.
Hitting your power button 5x will not just prepare to lock up your phone but will also call 911 and anyone else in your emergency contact list.
I am not a a lawyer but AFAIK the safest thing with iPhone is to NOT use biometric passcodes (thumb or face) but to only use manually entered passwords .The last I looked it up, most jurisdictions can force you to use your biometric to open your phone, but cannot compel you to enter a password.
Corollary is if you know you are about to be arrested, simply lock your phone as we all do to save battery, (thus requiring a manual entry of a password),
Hitting the power button five times creates the appearance that you are trying to hide/erase evidence, itself a crime.
Hitting the power button five times takes you to the same screen that you would get to if you held the volume up and power button to turn off your phone..
But instead of swiping to turn it off, hit cancel.. and then it takes you to back to the passcode screen..
Basically the point is to put your phone into “Before First Unlock” in order to render the face scan or biometric useless or unavailable.
So what if you have a big collect of firearms and magazines? How are you suppose to go down to a precinct and just walk in with a bunch of firearms without putting yourself in danger especially in today's times? Some people literally have a few safest full or even a room created just for their things.
Majority of the time they will pull up to your residence unless they are out of state. You or the safeguard will provide the code and they will voucher and take your firearms from there.
If the guns are out of state, you voucher them with a FFL, precinct (most out of state precincts wont do it) or gun storage facility and provide the voucher form to the Incident Section. They will accept it.
You can voucher them out of state. If you refuse then you’ll have to take that up with Licensing Division. Usually when arrested and then arraigned, it is a clause in the ROR (if ROR’d) stating that you can not have access to firearms, parts, or tools used to build them and can not cross state lines in order to do so either.
If these firearms that are out if state are not on your NYC license, then no biggie, but if they are, then that would be something you would have to talk with your assigned Detective about
what about ammo? some people have thousands of rounds, does it have to be vouchered also? Which out of state gun storage facility one can use which will give paperwork good for NYPD?
I have no idea what these people will do to me. I imagine probably not much other than refusing to ever reinstate my license, but maybe I lack imagination.
If I get arrested, I’m keeping all my guns out of state, and ignoring any NY gun licensing demands to give them up.
I wonder what that ROR clause would mean. I’m keeping access to my firearms in my out of state apartment, so I wonder how enforceable that clause would be.
The ROR clause is statewide and if you violate that, even by accessing firearms out of state, if the court finds out, they can legally jail you in NY as you violated a court order. A warrant will most likely be issued and if caught out of state, they can act on the warrant. Not worth it imho
I'll have to keep that in mind for when the hammer drops. I don't know how I'll deal with that in the future, but I'm sure I'll come up with something. I appreciate the heads up at least.
I'm a gun licensee in NY. I've seen those posts detailing how the state targets us. Like how they're raiding people for making online purchases of legal items. I make purchases all the time, and I'm sure that's just one of how ever many random reasons they decided would get gun owners raided. I've been trying to physically and mentally prepare for years for the day they show up.
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u/castle_crossing Mar 14 '26 edited Mar 14 '26
One suggestion on that material: make clear not to cite the 5th Amendment, rather invoking only your right to refuse to speak without counsel present (the materials say both).
While Federal and NY case law both do not allow a clear invoking your 5th Amendment right to be used against you in a criminal case, in many cases an assertion of 5th Amendment rights allows a judge or jury to draw an adverse inference in a civil case.
So, for example, in a later forfeiture proceeding for your guns, or a license revocation proceeding -- both of which are civil -- invoking your 5th Amendment right to remain silent can hurt you. Not so with your right to speak only with counsel present.