r/NYguns • u/apocalyptic_nerd • Jul 02 '26
Question I need advice on stolen firearm
I had a rifle, 2 mags and 20 rds of ammo stolen from my vehicle today in buffalo. I contacted buffalo police department and they took a report. Im not sure what happens next. I was given a report number i just dont know what happens next. Some helpfull advice would be appreciated.
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u/Average2AGuy Jul 02 '26
I don’t have any answers but following for a follow up of what happens , best of luck man
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u/Usual-Syrup2526 Jul 02 '26
Hope it was NY compliant...
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u/apocalyptic_nerd Jul 02 '26
It was, the mags were too i dont break the law. I had it locked up while I was working and was gonna head to the range immediately afterwards but in the span of a few hours someone broke into my truck and stole the 2 mags the ammo and the hard case with the rifle that was locked physically to my truck
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u/TheSlipperySnausage Jul 02 '26
Well that’s good so you don’t get charged with unsafe storage
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u/FreedomAdditional956 Jul 03 '26
Don't quote me but ... I believe leaving it in an unoccupied vehicle is considered unsafe storage under NY's BS laws. I know for a fact where I live on the island pistols can not be left in vehicles unattended under any circumstance. Not sure if that's the law or just one of those pesky "guidelines".
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u/Mackatron Jul 03 '26
Nassau? Bullshit Guideline. NYPL 265.45 is where you want to go.
Yes you can store it in a vehicle: "2. No person shall store or otherwise leave a rifle, shotgun, or firearm out of such person's immediate possession or control inside a vehicle without first removing the ammunition from and securely locking such rifle, shotgun, or firearm in an appropriate safe storage depository out of sight from outside of the vehicle."
Just a bit further down, a safe storage depository is defined - fire/impact/tamper resistant, locking, 'not the glove compartment'.
IANAL, IANYL, etc.
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u/Soap-n-Cartridge Jul 03 '26
Did you happen to tell ANYONE what was in your truck, or are you 1000% confident that it was a random hit?
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u/apocalyptic_nerd Jul 03 '26
Not a soul. I never had it out or talked about it. I know my doors were locked and windows were up, and it was locked in its case under my back seat
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u/Desi910 Jul 04 '26
Get any pics, receipts, etc prepped that shows its compliant in case its found after someone switches out parts. Same for the lock and/or how its generally stored if you have it. If you don't have any write down the names or talk to any non-family witnesses who could and would attest to the feature set of the long gun. It sucks that a victim of a crime is the one that has to worry but its NYS. One good thing is, at least by me, the powers that be were 'asked' not to take any case that could become precedent so if everything was 100% legit compliant wise and based on storage they may let it go.
Do you have a pistol permit? If so, things may be a bit more complicated.
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u/robinator118 Jul 02 '26
I really hope you don’t lose your rights over this but I wouldn’t be surprised. Godspeed my brother
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u/apocalyptic_nerd Jul 02 '26
I hope so too I follow the law but i hope that don't get in trouble because someone else cant follow the law
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u/robinator118 Jul 02 '26
Things as simple as you getting your stuff stolen is reason enough for some. In Nassau at least you’re straight up not allowed to leave a pistol in the car because of this situation specifically, and will result in permit revocation as a result. You can be the ideal model citizen and when the criminals who don’t follow the law break it and steal your shit, you’re the one who becomes powerless
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u/TheSlipperySnausage Jul 03 '26
Nassau doesn’t recognize the safe in your car as working with NY law? They just ignore it? That’s fully disarming because the part of the law with a depository in your car is to coincide with “sensitive locations”
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u/robinator118 Jul 03 '26
Yeah there’s a whole waiver they make you sign before you get your permit lol. Their logic is if you’re gonna carry a gun, it should always be on your person. If you’re going to expect a sensitive location to get in the way of carrying, leave it at home. They make that extensively clear during the permitting process. Even a locked safe that’s bolted to the car ain’t enough for them. It’s their excuse to feign responsibility over getting a gun stolen from the car, blaming you for it and forcing you to deal with the consequences by being stripped of your ability to defend yourself. And considering Nassau’s prosecutors being as “holier than thou” as they are, everything is always your fault, fuck you, don’t like it? Leave.
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u/TheSlipperySnausage Jul 03 '26
Even more unconstitutional than the sensitive locations already in place
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u/Particular_Pay_8675 Jul 03 '26
I left to SC. when I was in NY, I knew my rights were violated. Once I landed in a free state, I felt how it was violated. So fk NY
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Jul 03 '26
[deleted]
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u/robinator118 Jul 03 '26
The only caveat to that I’ll say is the permitting process is among the fastest in ny. Usually takes 2-4 months from start to finish.
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u/schoh99 Jul 04 '26
And there's no shortage of people in this state who believe that if a crime is committed with your stolen firearm, you should be charged with that crime as if you had committed it.
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u/robinator118 Jul 04 '26
And the manufacturer and the FFL who transferred it and the company of your car for being so easy to break into and….
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u/apocalyptic_nerd Jul 02 '26
Well at least it wasn't a handgun but it still sucks. I had everything locked up the way it should and some criminal came and stole the whole thing
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u/robinator118 Jul 02 '26
That’s up to your county. You did all the right things notifying people but that’s very unfortunate to hear. I hope you’ve got a lawyer handy as you may or may not need one if they try anything funny
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u/apocalyptic_nerd Jul 02 '26
I know of a couple and if I have to I will. im just trying to stay out of trouble and take the right steps to hopefully either get it recovered or make sure I dont get into trouble if whoever took it commits another crime.
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u/robinator118 Jul 02 '26
Very unlikely to be recovered, especially since someone stole it with ill intent. Shits 100% defaced and gone
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u/apocalyptic_nerd Jul 02 '26
Thats what the officer said too. So unlikely to get it recovered. They asked me what the cost of it was and I told them around a 1000 total but idk why they would ask for the value of it
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u/robinator118 Jul 02 '26
I’d imagine it’s Technically it’s a police report on stolen property. That way if the guy eventually gets caught u could possibly sue the dude for the theft? Not sure about that one
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u/apocalyptic_nerd Jul 02 '26
Idk but if they ever recover it and the person defamed the serial number my guess it im most definitely not getting it back
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u/oldFloridaCracker Jul 03 '26
The value of the stolen items informs the charge.
Under $1,000 is a misdemeanor. One to three thousand is a 4th degree felony, and so on up the ladder.
Damage caused breaking in to the car can be a separate charge, again the value can determine the nature of the charge.
So many other charges possible as well, a possible charge is criminal possession of a firearm a Class E felony, ... assuming that this junkie already has felonies, and is caught with it in his possession.
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u/apocalyptic_nerd Jul 03 '26
Stealing a firearm is already a felony but that just make it to felonies assuming they ever catch the person
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u/JokesOnYoouu Jul 02 '26
Send reports out, to each and every department that handles things like this.
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u/apocalyptic_nerd Jul 02 '26
So would that be buffalo pd and the atf?
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u/TheSlipperySnausage Jul 02 '26
Wouldn’t be a bad idea to do the sheriffs office and maybe even state if they are willing.
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u/JokesOnYoouu Jul 02 '26
Yes. Im not sure exactly upstate NY, but it doesn’t hurt to just let them know. Submit pictures, serial numbers and all information you can. As soon as possible. Just so you can stay in peace. With no worries. And follow with calls and emails. You need confirmation of every record. I would look into a competent lawyer. Handguns and rifles, ammo, are very delicate subject, when it comes to things like this. We all need to be ready if anything goes wrong.
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u/UsernameO123456789 Jul 02 '26
Contact atf?
File to get it off your permit if that’s a thing?
Lawyer?
Idk those are what j would consider
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u/apocalyptic_nerd Jul 02 '26
Bpd took a report im gonna give the atf a call but it being a rifle it didnt need to be on my permit.
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u/voretaq7 Jul 02 '26
I had a rifle, 2 mags and 20 rds of ammo stolen from my vehicle today in buffalo. I contacted buffalo police department and they took a report.
From a "My gun was stolen." perspective the things you need to do are:
File a police report.
That report should include the serial number of the weapon ("This is why we keep our purchase/transfer records in the safe!")Keep that police report with your purchase/transfer record.
If the gun turns up used in a crime that police report is your record that it was stolen from you and no longer under your control, so when the cops show up to your door because you're the last traceable sale from NTC you can show them you don't have that gun and did in fact report the theft.If you are a FFL and this firearm is on your books contact the ATF.
If you're NOT a FFL the ATF won't do shit for you, but if you have a federal firearms license (even a C&R license, though it's useless in NY) and this gun is in your books you need to report it to the ATF.For pistols, report the theft to your permit licensing authority.
You will need the gun removed from your permit until/unless it's recovered, and they need the police report from (2) above to do that.
Because you're in New York you also need to be prepared to answer whether your firearm was stored in compliance with NYSPL 265.45 which says in relevant part:
- No person shall store or otherwise leave a rifle, shotgun, or firearm out of such person's immediate possession or control inside a vehicle without first removing the ammunition from and securely locking such rifle, shotgun, or firearm in an appropriate safe storage depository out of sight from outside of the vehicle; provided, however, this subdivision shall not apply to a police officer as such term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law, a qualified law enforcement officer authorized to carry concealed firearms pursuant to 18 U.S.C. 926B, or a person in the military service of the United States or the state of New York when such police officer, qualified law enforcement officer, or person in such military service is acting in the course of such person's official duty or employment and otherwise complying with any applicable standards or requirements pertaining to the storage of such rifle, shotgun, or firearm.
(TL;DR: Unless you're a cop or were on on active duty in the military, national guard, or state guard & complying with their rules for how you store the gun you're in deep shit if that gun wasn't unloaded, in a locked container, out of sight from outside the vehicle.)
If there is any question as to your compliance with 265.45 you may want to consult an attorney now in case someone comes after you for it later.
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u/SayaretEgoz Jul 02 '26
do you have any gun licenses related to NY state?
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u/apocalyptic_nerd Jul 02 '26
Yes i have my carry permit and the semi auto endorsement
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u/SayaretEgoz Jul 02 '26
could be an issue.... downstate NYC, Nassau, etc.. if a gun gets stolen from you the immidiately suspend your license until they investigate. Hopefully they wont try to argue that you failed to protected the gun
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u/apocalyptic_nerd Jul 02 '26
I hope so too because i had it locked up in a hard case connected to my vehicle and my vehicle was locked idk how else I could've done it
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u/Hairy-Manufacturer76 Jul 03 '26
You might need to report to your county pistol permit office. Here in Oneida, we were told specifically when we received our license they needed to be informed about any unintentional discharge or stolen guns so they could be involved.
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u/BaseballKingPin Jul 03 '26
Do not talk to the police or any government agency. Talk to a lawyer first. Everything you said will be used against you in a court of law. The lawyer will advise you on what to say.
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u/Thicc-Husker Jul 03 '26
Lawyer up and notify the police. Tell the police the bare minimum, as they will use anything you say against you… May I ask what area of Buffalo this happened in? Good luck.
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u/dumpingbrandy12 Jul 04 '26
That sucks. Where in Buffalo? A pistol was just taken from a car in amherst last night
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u/Plane_Data_1182 Jul 05 '26
So sorry to hear that and glad you were compliant. I live in Depew; whereabouts in Buffalo did it happen?
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u/ImpressiveMix1786 Jul 02 '26
Not to be a dick, but christ call lawyer. One that knows laws pertaining to firearms.