Section 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.