NY Penal L § 400.05 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title W - Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records Article 400 - Licensing and Other Provisions Relating to Firearms 400.05 - Disposition of Weapons and Dangerous Instruments, Appliances and Substances.

§  400.05  Disposition  of weapons and dangerous instruments, appliancesand substances.1. Any weapon, instrument, appliance or substance specified in article   two  hundred  sixty-five,  when  unlawfully   possessed,   manufactured,   transported  or  disposed  of,  or when utilized in the commission of an   offense, is hereby declared a nuisance. When the same  shall  come  into   the  possession  of  any  police  officer  or peace officer, it shall be   surrendered immediately to the official mentioned in  paragraph  (f)  of   subdivision  one of section 265.20, except that such weapon, instrument,   appliance or substance coming into the possession of  the  state  police   shall be surrendered to the superintendent of state police.2. The official to whom the weapon, instrument, appliance or substance   which  has subsequently been declared a nuisance pursuant to subdivision   one of this section is so surrendered shall, at any time  but  at  least   once  each year, destroy the same or cause it to be destroyed, or render   the same or cause it to be rendered  ineffective  and  useless  for  its   intended purpose and harmless to human life.3.  Notwithstanding  subdivision  two of this section, the official to   whom the weapon, instrument, appliance or substance  is  so  surrendered   shall  not  destroy  the  same  if  (a) a judge or justice of a court of   record,  or  a  district  attorney,  shall  file  with  the  official  a   certificate  that  the non-destruction thereof is necessary or proper to   serve the ends of justice; or (b) the official directs that the same  be   retained  in  any  laboratory  conducted  by  any  police  or  sheriff's   department for the purpose of research,  comparison,  identification  or   other endeavor toward the prevention and detection of crime.4. In the case of any machine-gun or firearm taken from the possession   of  any person, the official to whom such weapon is surrendered pursuant   to  subdivision  one  of  this  section  shall  immediately  notify  the   executive  department,  division  of  state  police,  Albany, giving the   calibre, make, model, manufacturer's name and serial number, or if none,   any other distinguishing number or identification mark. A search of  the   files  of such division and notification of the results of the search to   such official shall immediately be made.5.  Before  any  machine-gun  or  firearm  is  destroyed  pursuant  to   subdivision  two  of this section, (a) the official to whom the same has   been surrendered shall forward to the executive department, division  of   state  police,  Albany,  a  notice of intent to destroy and the calibre,   make, model, manufacturer's name and serial  number,  or  if  none,  any   other distinguishing number or identification mark of the machine-gun or   firearm;  (b)  such  division  shall  make  and  keep  a  record of such   description together with the name and address of the official reporting   the same and the date such notice was received; and (c) a search of  the   files  of such division and notification of the results of the search to   such official shall be made without unnecessary delay.6. A firearm or other weapon which is  surrendered,  or  is  otherwise   voluntarily  delivered  pursuant  to  section 265.20 of this chapter and   which has not been declared a nuisance pursuant to  subdivision  one  of   this section, shall be retained by the official to whom it was delivered   for  a  period  not  to exceed one year. Prior to the expiration of such   time period, a person who surrenders a firearm shall have the  right  to   arrange  for  the  sale,  or  transfer,  of  such firearm to a dealer in   firearms licensed in accordance with this chapter or for the transfer of   such firearm to himself or herself provided that a license therefor  has   been issued in accordance with this chapter. If no lawful disposition of   the  firearm  or  other  weapon  is  made  within the time provided, the   firearm or weapon concerned shall be declared a nuisance  and  shall  be   disposed of in accordance with the provisions of this section.