A Jamestown man is asking the state Supreme Court to return firearms seized during a domestic violence investigation in 2025.

Antonino Miceli Jr., who is representing himself in court, is asking the judge to have the Jamestown Police Department return weapons belonging to his son, Brock Miceli. A temporary order of protection was issued in the case by Judge George Panebianco.

“During Brock’s arrest, the Jamestown police officers seized Brock’s hunting rifles because of the domestic incident,” the elder Miceli wrote in his filing. “I fully understand and respect the reasoning behind this action. However, I respectfully request that the court authorize the release of these firearms into my possession. Several of the rifles are family heirlooms with significant sentimental value and we wish to preserve them accordingly. I understand that, per current policy, the firearms may be subject to destruction after one year in police custody, and I hope to prevent that outcome by assuming responsibility for their safekeeping.”

The elder Miceli said the weapons would be housed at his home rather than his son’s home for at least six months. The elder Miceli said he has a gun safe where they will be kept. As part of the filing Miceli attached proof he obtained a National Instant Criminal Background Check no more than 30 days before filing the request as well as affidavits that will be filed with the Jamestown Police Department, the city Corporation Counsel’s office and the county District Attorney’s office.

Seizure of weapons in the aftermath of a domestic violence incident is part of the New York Safe Homes Act of 2020, which authorizes police to take temporary custody of firearms and related licenses during domestic violence incidents. It mandates the seizure of weapons in plain sight or discovered during a lawful search when responding to a family offense. After a period of no less than 48 hours, absent an order of protection or other order prohibiting the owner from possessing such weapon/license, or a pending charge or conviction prohibiting the owner from possessing a weapon or license to have a weapon, the weapon must be returned. In Miceli’s case, the order of protection allows for the firearms to be seized.

New legislation (S.1985A/A.544A) passed in 2025 and which took effect in October 2025 requires the seizure of firearms in plain sight during a domestic violence call. This includes firearms that individuals may have a license to carry and which they are in possession of when arrested on suspicion of such family or domestic violence offense. The 2025 law also requires firearms and carry licenses be returned within 120 hours (or five days) after removal from individuals upon arrest during family or domestic violence incidents.