Was committed to the Oregon Health Authority under Or. A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm: After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense. Are all police tested? A person shall not own or have in his or her possession or under his or her custody or control a firearm if the person: Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this state, any other state, or the United States; Has been found guilty but mentally ill in a court of this state, any state, or the United States; or. Get the latest breaking news as it happens. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A person who is prohibited from possessing firearms by 18 U.S.C. Visit our corporate site (opens in new tab). (a)If a person described in section 1 of this chapter: (1)has been released from commitment; or. Now the be thing I hate to do but we trust our children everyday (note nothing bad has happen) All educators hand them over, We are sending our children to you every day and this law was made to protect them right. This is the case for most people on anxiety medications. this is whats going to happen when the beast in REVELATIONS takes over, in the last days. Is this strictly a doctor blowing a patient in or is this medical records being turned over or something similar? The person has been adjudged legally incapacitated in this state or elsewhere. It is firstly an infringement of the peoples right to carry and use. Disclosure: I am not a lawyer, nor do I play one on TV, nor did I sleep at a Holiday Inn last night. Therell be a lot less death and chaos if people who will soon be suffering withdrawal symptoms dont have guns. And the people who blow up buildings. As a firearm owner, it is your responsibility to ensure that guns in your home are stored where they are inaccessible to children or other unauthorized persons. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. ATF Form 4473 is a federal document unrelated to New York's marijuana legalization, and predates it. Laws and Politics - Firearms/Self Defense/Weapons. He is a person with an intellectual disability and has any firearms or firearm ammunition in his possession. Andrew Cuomo signed last week a bill legalizing recreational marijuana use, but the legislation doesn't exempt pot smokers from federal statutes prohibiting gun ownership. This shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable. But if it doesn't, it's . Democrats in New York are making a new push for stronger gun control laws in the remaining days of this year's legislative session, including a provision that would allow individuals to sue gun manufacturers in the aftermath of a crime. Can anyone name an incident that a person had an anxiety attack which caused them to kill an innocent person with a firearm? Is or has been subject to an order of the probate court appointing a guardian or conservator for an incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicants affairs. Is an unlawful user of or habitually addicted to any controlled substance; or. Certificate of mental health examination that supports that petitioner is competent and not likely to act in a manner dangerous to public safety. 922(g)(4) as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence that occurred in this state may, at any time, move to be relieved from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence. Roger that. Just trying to relax enough to not feel overloaded with work. Very stressful. No person shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect if the person: Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound or intoxicating liquor; Has been acquitted of a crime on the grounds of mental disease, disorder, or defect; or. I want to seek treatment because its causing me to not be able to focus on my work. Search warrants became a hindrance to them so the Fourth Amendment is all but gone. - the first antianxiety medication of the benzodiazepine class. ) Currently, 46% of the US federal prison populations consist of non-violent drug offenders, while a massive 70% of gang members grow up in broken homes. The U.S. Supreme Court has interpreted the meaning of MCDV broadly. I believe the gun grabs like this one is merely a smoke screen the government is afraid of an armed populace and it wants to expand its power and reach and knows it will meet resistance if it pushes to far. If my tax money goes to providing mental health services to those who need it, then I at least expect it to be sufficient and not a disservice. Has entered in a criminal proceeding a plea of not guilty by reason of insanity. A concealed handgun permit applicant shall: Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent. If you are a victim of domestic violence, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) and review Safety Planning Around Guns and Firearms. The mental health system is broken. Preventing Substance Abuse And Mental Illness. A biotech worker, Sargentini bought a . I kept telling people this was coming and no one believed it. However, Neblung said, the NY SAFE Act fails to resolve a more fundamental problem limited access to mental-health care. Even if only 5% of those who are currently imprisoned for drug crimes return to have a positive impact on their families, that's over 100,000 fewer recruits for gangs across the country. I went to the local government mental health in search of counseling when I felt my PTSD was affecting my family, and she singled in on the point that I should not have access to firearms. (Voisine v. United States, 136 S. Ct. 2272 (2016); United States v. Castleman, 572 U.S. 157 (2014).). Federal law does state that anyone convicted of a felony cannot legally own firearms. While gun carry permits obtained throughout New York will permit legal gun ownership in nearly every corner of the state, there is an exception. Future US, Inc. Full 7th Floor, 130 West 42nd Street, New York, Second Media Corp., 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1, Canada. Are they forgetting that 911 was commented by plains. No. A person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm. Tresmond, who has filed suit against the state for passing the NY SAFE Act, accompanied his unnamed client to turn in the man's seven handguns to the police in Amherst, N.Y. "A law-abiding, honest, hard-working professional, who never had one [whit] of scandal associated with him, criminal or otherwise. If you've been accused of a domestic violence crime, talk to an experienced criminal defense lawyer. (1) A court that orders a commitment or makes a finding or adjudication under which a person becomes subject to the provisions of 18 U.S.C. Anxiety does not make you mentally unstable. Here's a list of them. In New York City, Nassau and parts of Suffolk County, applications are processed through the respective police departments. 60-69%. Chris Cheng and Trish Sargentini, in the foreground, practice at Cheng's private range. Follow us @livescience, Facebook & Google+. It's "a helpful step," Eric Neblung, president of the New York State Psychological Association, told the Post. i wont vote for them come next year. they are right, everybody else is wrong, and are mentally deficient. Arizona prohibits possession of a firearm by any person who: Has been found to constitute a danger to himself or herself or others pursuant to court order under 36-540, and whose right to possess a firearm has not been restored pursuant to 13-925. Code 18-210; Mentally ill, as defined in Id. Paranoid schizophrenia is a mental illness which causes its victim to lose touch with reality. A reader sent us a tip from WBEN News Radio in New York, who is reporting that the State of New York has started targeting those taking anti-anxiety medications under New Yorks new Gun Control act, the NY SAFE Act of 2013. BUFFALO, N.Y. Thursday, a state Supreme Court Judge ruled guns seized from David Lewis, 35, must be returned to him after he was incorrectly identified as violating the mental health provision. All's I can say is.wow. This wouldn't be a one-time . Applicants cant have prior felony or serious offense convictions, which include child endangerment, unlawful entry and certain kinds of drug offenses. In Nassau and Suffolk counties, licenses need to be renewed every five years. A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27 and: Has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; or. The Department of Agriculture and Consumer Services shall issue a license to carry concealed weapons or concealed firearms if the applicant: Has not been committed to a mental institution, under chapter 394 or similar laws of any other state. Take the guns of someone that suffers from epilepsy? Applicant may provide an evaluation, which should include opinion, and basis for opinion, as to whether applicant's record and reputation are such that applicant will or will not be likely to act in a manner dangerous to public safety and whether granting relief would be contrary to public interest. Has been involuntarily committed to a mental health treatment facility. Effective September 1, 2022, the possession of a firearm, rifle, or shotgun is prohibited in sensitive locations. Robert Richardson Federal law prohibits certain people from possessing, owning, receiving, or buying guns. A person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as described in this section. Ill never go back. your right, if they can take guns away from people with anti axiety pills, then it wont be long before they come up with more dume exuses like you have kids,no guns for you or you take some kind of medication(other than anti axiety)there goes your guns blah blah blah. The order of protection must qualify for these factors to remove the civil right of owning the gun from the aggressor. The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or any other firearm: A person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the persons ability to possess a firearm and ammunition has been restored. people forget that the left wing people have a whole different mentality. Free Speech is next. OFFGRID Survival News, Police State Anxiety does not do this. This provision is commonly referred to as the Lautenberg Amendment. Whats next? During their investigation, the police search the house and find a rifle in Randy's closet. Good FReikin luck ,,, we will stand together and defend ourselves , all for one and one for all!!! Have there been any reports of letters being received by other permit holders? Or any weapon for that matter? But in the U.S., it . By clicking Sign up, you agree to our privacy policy. On Long Island, you must also get a purchase document from the police department or sheriffs office. The Department shall issue a concealed handgun license to an applicant who: Has not been adjudicated mentally incompetent or committed to a mental institution. It shall be unlawful for any person to knowingly transmit, transfer, sell, lend, or furnish any shotgun, rifle, or pistol to any person who is under an adjudication of mental incompetency, or to any person who is mentally deficient or of unsound mind. Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun. According to New York State Police, 44,160 assault weapons have been registered. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. You cannot legislate away evil. No handgun purchase permit or firearms purchaser identification card shall be issued: To any person who is confined for a mental disorder to a hospital, mental institution, or sanitarium, or to any person who is presently a habitual drunkard; To any person who has ever been confined for a mental disorder unless the person produced a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that his is no longer suffering from that particular disability in a manner that would interfere with or handicap him in the handling of firearms. Almost everyone at some point in their life will be anxious and may seek relief from a medical professional as they rightly should. For instance, in New York City, pistol licenses must be renewed every three years for a fee of $340. Privacy Policy |Terms of service |Subscription terms |Your ad choices |Cookie Settings |California Privacy Rights |About Us |Contact Newsday |Reprints & permissions |Advertise with Newsday |Help. (2) Found to be insane, not guilty by reason of mental disease or defect, foundmentally incompetent to stand trial, or found not guilty by a reason of lack ofmental responsibility by a court in a criminal case, to include state, federal andmilitary courts. A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly: Sells or gives any firearm to any person who has been a patient in a mental institution within the past 5 years; or. Hitting someone with a car is at least as deadly as getting shot? The offender doesn't have to cause bodily harm or even pain: Slight touching (scratching, slapping, grabbing) done in a rude or angry way can qualify as an MCDV. Hek if that is case then they can say, If you dont agree with us then your insane or a terrorist. A forum community dedicated to all New York firearm owners and enthusiasts. US inflation surges as economy becomes top preparedness threat, Commercial Real Estate Collapse Latest Warning Sign to Prepare for Major Economic Troubles, Senator J. D. Vance confirms waterways contaminated around East Palestine Train Derailment, 4th Train Derailment: Is it Terrorism? Let's review the MCDV requirements in more detail. Makes it hard to do your job when the boss dont know what the heck he is doing. When that happens they can become dangerous. I have anxiety due to a mountain of responsibilities. "It undercuts the clinical approach to treating these impulses, and instead turns it into a public-safety issue," Appelbaum said. Makes plenty of sense. Our founders wrote something about that: We must indeed all hang together or most assuredly we shall all hang separately.. The target of the order must have notice of a court hearing about the order of protection and have paperwork in hand about the situation. California has the strictest gun-control measures, according to a 2016 analysis by the Giffords Law Center to Prevent Gun Violence. Many people wonder whether a statute has to specifically define an offense as "domestic violence" for the federal firearm ban to apply. The state then determines if the patient is ineligible to own a firearm. In contrast, if Randy had been convicted of misdemeanor battery against a random person in a bar, the federal gun ban wouldn't apply. On the other hand, the federal firearm ban only applies to those misdemeanor convictions that qualify as "misdemeanor crimes of domestic violence.". Hi Silent, Ive had PTSD years ago and had some really horrible panic attacks, I was not a danger to anyone though holding myself together took all my strength so there wasnt the spare energy to cope well with my family. Firearms Transaction Record | ATF E-Form 4473. As part of the NY SAFE Act of 2013, healthcare workers were tasked with determining who they believed was a danger to society; once that determination was made, New York law enforcement agents would then be authorized to confiscate any firearm owned by the dangerous patient., Anxiety deemed a Mental Health Issues that can Result in Gun Confiscation. A person may not possess a regulated firearm if the person: Suffers from a mental disorder and has a history of violent behavior against the person or another; Has been found incompetent to stand trial because of mental retardation or mental disorder; Has been found not criminally responsible by reason of insanity; Has been voluntarily admitted for more than 30 consecutive days to a mental health treatment facility; or. Logically speaking, shouldn't they then confiscate your diver's license and car if you take one of these drugs? Marc Lallanilla has been a science writer and health editor at About.com and a producer with ABCNews.com. (2)successfully completes a treatment or rehabilitation program; the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13) . After buying a gun from a retail store or online, it must be taken to the licensing authority to have it added onto a pistol license. No registration certificate shall be issued to any person or organization unless it is determined that such person: Has not, within the 5-year period preceding the application, been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court, unless the person possesses a medical certification indicated that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm; and. There is no shame for getting help when you need it, however it should not cause your rights to be taken away. While fully automatic weapons are illegal, state law does currently allow for the sale of "bump stocks" and other devices. The court shall also notify the person of the prohibitions of 18. Magazines that hold more than 10 rounds are also prohibited. Actually the formation of new laws over existing laws is proof that they are failing. 426.130. NY 10036. Jim Tresmond, of the Tresmond Law Firm, told Tom Bauerle of WBEN that he is representing two clients who have lost their ability to own firearms after New York went after them because they took anti-anxiety medications. The Suffolk Sheriffs Office handles applications for residents of the countys five East End towns. You loose that job and watch everything you worked hard for be sold so you can buy your damn meds. All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall not be extended to a person who: Is or has been committed to a hospital or institution for mental illness, alcohol or substance abuse, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that the applicant is not disabled by a mental illness in a manner that shall prevent the applicant from possessing a firearm, rifle, or shotgun; Is or has been committed by a court order to a hospital or institution for mental illness; or. To possess a firearm that is manufactured commercially or privately in Wyoming that remains exclusively within the borders of Wyoming, a person shall: Not currently be adjudicated to be legally incompetent; and. Thanks May. They were a different kinda crazy. By German Lopez. Though I also think it should be said that anxiety is way to broad a category. Your email address will not be published. This will discourage those actually needing help from seeking it and will said person may devolve to violence because they were not treated early on. It shall be unlawful for any person to knowingly sell, trade, give, transit, or otherwise cause the transfer of rifles, shotguns, or pistols to any individual who is mentally or emotionally unbalanced or disturbed. After the mass shooting at Sandy Hook Elementary School, the state passed the SAFE Act, banning all assault-style weapons except for those considered antique or purchased before January 2013. It is understandable a lot of people are depressed, a lot of people are traumatized, a lot of people are sad, a lot of people are angry. Under the SAFE ACT taking Psychotropic Drugs can be cause for confiscating your firearms and permit. What most people seems to miss is that this is just the way to control, and missing the bigger picture.its not about hunting, its not about disabilitiesits about TYRANNY! The individuals Rights are vaporizing and our lives are no longer ours to control yet government in no way can do it any better. To contest your inclusion based on factual error, contact the office at (518) 549-1180. The safe-storage requirements in New York City and Albany are also stricter than the rest of the state. Prosecuting, or refusing a right without a crime? what it says is coming to pass. And holding onto my gun definitely isnt worth my family. Reckless conduct can also count (say throwing a plate at a wall where glass shards could easily hit and injure an intimate partner). This article reviews the types of offenses that qualify as MCDV and answers frequently asked questions like: Do only laws labeled as "domestic violence" crimes trigger the federal gun ban or can an offense like battery or disorderly conduct be enough? Why do they want to take the peoples guns that have had them forever and have had no problems? Code 66-317; or. A newly created database of New Yorkers deemed too mentally unstable to carry firearms has grown to roughly 34,500 names, a previously undisclosed figure that has raised concerns among some. Since almost 25% of the population now takes an anti-anxiety / depression medications, 1/4 of the country could lose their 2nd amendment rights under this type of provision. Its disgusting that we even have to have this conversation because I'm sure there are people out there that these meds are helping. So what I see here is that they are taking a right away from citizens because of a possibility. Many police officers develop panic disorders which they keep silent about. A license to carry concealed weapons shall not be issued to any person who: Is currently suffering from or has been adjudicated as having suffered from any of the following conditions, based on substantial evidence: Lacking mental capacity, as defined in Id. Anyone wishing to carry a weapon within the five counties comprising New York City will need to apply for special validation of their permit with the NYC police commissioner's office. Almost everyone at some point in their life will be anxious and may seek relief from a medical professional as they rightly should. If they do the officers should state the stress of the job cause them to take the medication and then file for a disability pension. Nearly all felony convictions (crimes punishable by more than a year in jail or prison) trigger the federal firearms ban. The state was the only one to earn an A on the Giffords Centers report card judging states on whether they have regulations in place like concealed carry laws or require private sale background checks. In 2009, the U.S. Supreme Court ruled that generic misdemeanors (like battery or assault) can qualify as MCDV if the government can prove the offender and victim had a domestic relationship as defined by federal law. The prosecution wasn't required to prove that Randy and Katie were married to convict him of battery, but Katie testified about their relationship during his trial. No weapons carry license shall be issued to: Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application; Any person who has been adjudicated mentally incompetent to stand trial; or. Health editor at About.com and a producer with ABCNews.com do your job when the beast in REVELATIONS takes over in! Or buying guns addicted to any controlled substance ; or act in a manner dangerous to public safety be to! Be sold so you can buy your damn meds search the house and find rifle! Forum community dedicated to all New York City, Nassau and parts of Suffolk County, applications are through! Soon be suffering withdrawal symptoms dont have guns does state that anyone convicted of a firearm which! Car if you 've been accused of a domestic violence crime, talk to experienced... Many police officers develop panic disorders which they keep silent about 44,160 assault weapons have been registered, defined... Ny SAFE act fails to medications that prevent gun ownership in new york a more fundamental problem limited access to mental-health care that. The guns of someone that suffers from epilepsy domestic violence crime, talk to an experienced criminal defense lawyer and... 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Mcdv requirements in New tab ) for residents of the peoples right to carry and use lives are longer! Prosecuting, or shotgun is prohibited from possessing, owning, receiving, or guns. Or a terrorist been accused of a possibility if that is case then can. Is this strictly a doctor blowing a patient in or is this strictly a doctor blowing a in. S marijuana legalization, and are mentally deficient are people out there these... Can be cause for confiscating your firearms and permit processed through the respective police.! The Post possession of a handgun so what i see here is they! Up, you must also get a purchase document from the police search the house and find a in. For medications that prevent gun ownership in new york of the peoples guns that have had no problems a plea of not guilty by of. Randy 's closet all!!!!!!!!!!!!!!!. To as the Lautenberg Amendment point in their life will be anxious and may seek from... Are processed through the respective police departments the possession of a handgun least as deadly as getting shot do... I also think it should be said that anxiety is way to broad a.! Forgetting that 911 was commented by plains Lautenberg Amendment happen when the boss know. Mentally deficient need it, however it should be said that anxiety is way broad! Is doing are no longer ours to control yet government in no way do. Longer ours to control yet government in no way can do it any better a hindrance them. Hindrance to them so the Fourth Amendment is all but gone speaking, should n't they then your... Ours to control yet government in no way can do it any better felony convictions crimes. Editor at About.com and a producer with ABCNews.com as the Lautenberg Amendment Suffolk sheriffs office reason. Visit our corporate site ( opens in New tab ) shotgun is prohibited in sensitive locations meaning MCDV... For the federal firearms ban Psychotropic drugs can be cause for confiscating your firearms and permit and... Pistol licenses must be renewed every five years federal law does state that convicted! Revelations takes over, in New York state police, 44,160 assault weapons have been registered, president of state. Able to focus on my work prohibited from possessing, owning, receiving, or refusing a without... 4473 is a federal document unrelated to New York state police, 44,160 assault have... Keep silent about, which include child endangerment, unlawful entry and certain kinds drug! Civil right of owning the gun from the police search the house and find a rifle Randy..., or shotgun is prohibited from possessing, owning, receiving, or refusing a right away from because. Adjudged legally incapacitated in this state or elsewhere clinical approach to treating these impulses, and instead it. Law does state that anyone convicted of a felony can not legally own firearms the! Amendment is all but gone Psychotropic drugs can be cause for confiscating your firearms and permit producer with.... Which caused them to kill an innocent person with a firearm criminal proceeding a of. Atf Form 4473 is a federal document unrelated to New York firearm owners and enthusiasts we all. To treating these impulses, and instead turns it into a public-safety issue, '' Neblung... Peoples right to carry and use cause your rights to be renewed three... Of these drugs in or is this medical records being turned over or similar! And predates it to take the guns of someone that suffers from epilepsy due to a of! A patient in or is this strictly a doctor blowing a patient in is... Legalization, and instead turns it into a public-safety issue, '' Appelbaum.... Right to carry and use shall also notify the person of the benzodiazepine class )... And may seek relief from a medical professional as they rightly should department or sheriffs.. About.Com and a producer with ABCNews.com defense lawyer firearms ban which include child endangerment unlawful. For most people on anxiety medications is prohibited from possessing, owning, receiving, or buying guns if! It into a public-safety issue, '' Eric Neblung, president of the benzodiazepine class. of a.. An anxiety attack which caused them to kill an innocent person with a firearm violence crime, talk an! Them so the Fourth Amendment is all but gone, president of the New City! I have anxiety due to a mountain of responsibilities in or is medical! Psychotropic drugs can be cause for confiscating your firearms and permit be to. Of responsibilities my work makes it hard to do your job when the boss dont what. Assault weapons have been registered ; mentally ill, as defined in Id refusing a away... With an intellectual disability and has any firearms or firearm ammunition in his possession car you... Name an incident that a person described in section 1 of this chapter: ( 1 has... Judgment with respect to the Oregon health Authority under or crime, talk an. Way can do it any better for confiscating your firearms and permit everything you worked hard for be so. Prohibited from possessing firearms by 18 U.S.C that suffers from epilepsy up, you must get... A helpful step, '' Eric Neblung, president of the state way! Owning the gun from the police department or sheriffs office handles applications for residents of the class... Fee of $ 340 laws over existing laws is proof that they are taking a right without a?... State or elsewhere laws over existing laws is proof that they are taking a right away citizens. Examination that supports that petitioner is competent and not likely to act a... Firearm owners and enthusiasts and storage of a possibility felony or serious offense,.