§ 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 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 trans-
fer, 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.
(As amended L.2006 c.578 effective 11/01/06.)
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