Gilgo Beach killings: Suffolk judge rules alleged serial killer Rex Heuermann's guns can be transferred to Nassau investigators

A Suffolk County judge has cleared the way for Nassau prosecutors to press potential gun charges against accused Gilgo Beach serial killer Rex A. Heuermann in connection with the cache of weapons police found at his house.

Suffolk County Police seized more than 280 firearms from Heuermann’s Massapequa Park home in the days following his July 13 arrest on murder charges in the killing of three women.

Suffolk prosecutors have said some of the weapons may have been possessed in violation of state guns laws — at least 26 unregistered handguns, 15 unregistered assault weapons and 10 high-capacity magazines — and the “proper jurisdiction” for potential charges would be Nassau County, the location of his home.

State Supreme Court Justice Richard Ambro, in a Friday decision, ruled that the firearms could be transferred to Nassau County authorities following a 30-day waiting period that would allow the defense to “examine, test or photograph” the items if they choose.

“The application of the Suffolk County District Attorney’s Office is granted to the extent that they may share and deliver the evidence … firearms, magazines, cases, attachments, ammunition, bullet fragments and shells to the Nassau County Police Department or the Nassau County District Attorney’s Office,” the decision read.

No guns are believed to have been used in the killings for which Heuermann is charged, prosecutors have said.

It’s unclear if Heuermann will appeal. Michael J. Brown, Heuermann’s lead defense attorney, did not respond to an email seeking comment Friday.

Sabato Caponi, another Heuermann defense attorney, argued previously against turning over the items to Nassau County and said the court should order the return of Heuermann’s seized firearms to a person he designates or a licensed gun dealer that could legally possess them.

Brendan Brosh, a spokesman for Nassau District Attorney Anne Donnelly, declined to comment Friday.

An inventory of weapons seized from Heuermann's home after his arrest showed he had collected many guns from the early part of the last century, and his collection also included assault rifles and a rifle with a defaced serial number, according to court documents.

Authorities also seized boxes of ammunition, gunpowder and survivalist gear, according to court records.

Prosecutors have said Heuermann had permits for 92 guns and possessed many long guns not subject to permitting.

Heuermann pleaded not guilty in Suffolk County Court to three counts each of first and second-degree murder in the killings of Megan Waterman, Melissa Barthelemy and Amber Lynn Costello, whose remains were found near Gilgo Beach 13 years ago. He remains held without bail at the Suffolk County Jail.

Prosecutors have said Heuermann, 60, who worked as a Manhattan architect before his arrest, is also the “prime suspect” in the slaying of Maureen Brainard-Barnes, whose remains were found with the other three victims. All four of the women — the first of 10 sets of remains found along Ocean Parkway that are believed to be the work of one or more serial killers — were sex workers.

Bob Macedonio, the divorce attorney for Heuermann’s estranged wife Asa Ellerup, has called the firearms “marital assets” that should be distributed through the divorce proceeding. Macedonio has also said the weapons could bring in substantial revenue in excess of $300,000 on the open market — funds that Ellerup and her grown children could desperately use after their home was destroyed during the police search.

“We are exploring all of our remedies and rights,” Macedonio said Friday. “In a divorce proceeding, our client has certain property rights and interests that are just as vital as the prosecution’s rights."

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.