§  400.05  Disposition of weapons and dangerous instruments, appliances and
            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  which is surrendered or 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, the person who surrendered
such firearm or firearms, shall have the right to arrange for the sale,  or
transfer,  of  such  weapons to a dealer in firearms licensed in accordance
with this chapter or for the transfer of such weapons to  himself  provided
that a license therefor has been issued in accordance with this chapter. If
no such disposition is made  within  the  time  provided,  the  weapon,  or
weapons  concerned shall be declared a nuisance and shall be disposed of in
accordance with the provisions of this section.
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(For verification consult Official Text at Senate Gopher site.)