400.05 - Disposition of weapons and dangerous instruments, appliances and substances.

§  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  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.