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