N.Y. Laws » CHAPTER Penal / PART Administrative Provisions / TITLE Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used In the Transportation of Gambling Records / ARTICLE Licensing and Other Provisions Relating to Firearms
New York Consolidated Laws

N.Y. Penal Law § 400.05 (2026)

Disposition of weapons and dangerous instruments, appliances and substances

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1986–2025 · leading case: Maio v. Kralik, 70 A.D.3d 1 (N.Y. App. Div. 2009).
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Maio v. Kralik, 70 A.D.3d 1 (N.Y. App. Div. 2009). · cites it 21× “The receipt contained language informing the plaintiff that, pursuant to Penal Law § 400.05, his weapons would be destroyed unless he reclaimed them within one year.”
City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011). · cites it 2× “See N.Y. Penal Law §§ 400.05 (1), 240.45. Defendants then made a renewed motion to dismiss in which they reasserted their objection to the exercise of personal jurisdiction to no avail.”
City of New York v. A-1 Jewelry & Pawn, Inc., 247 F.R.D. 296 (E.D.N.Y 2007). · cites it 5× “See also N.Y. Penal Law §§ 400.05 (a), 240.45. The City’s claims of common law public nuisance rest on detailed factual allegations of defendants’ negligent and intentional tortious conduct.”
People v. Sturm, Ruger & Co., 309 A.D.2d 91 (N.Y. App. Div. 2003). · cites it 2× “While originally pleading both a statutory (Penal Law § 400.05 [1]) and a common-law public nuisance cause of action, plaintiff, on this appeal, does not challenge the motion court’s dismissal of the former.”
City of New York v. Beretta U.S.A. Corp., 315 F. Supp. 2d 256 (E.D.N.Y 2004). · cites it 2× “402586/00, at 20; see also N.Y. Penal Law § 400.05 (1) (“Any weapon specified .”
Mallard v. Potenza, 376 F. App'x 132 (2d Cir. 2010). · cites it 2× “See N.Y. Penal Law § 400.05 ; Monzietti v. N.”
NAACP v. AcuSport, Inc., 271 F. Supp. 2d 435 (E.D.N.Y 2003). “10, 2001) (internal quotation omitted); see also N.Y. Penal Law § 400.05 (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…”
City of New York v. Bob Moates' Sport Shop, Inc., 253 F.R.D. 237 (E.D.N.Y 2008). · cites it 2× “See N.Y. Penal Law § 400.05 ; A-1 Jewelry & Pawn, 247 F.”
Hricik v. McMahon, 247 A.D.2d 935 (N.Y. App. Div. 1998). · cites it 3× “The guns were “nuisance weapons” and should have been turned in to respondent pursuant to Penal Law § 400.05 (1). Instead, petitioner retained the weapons as his own after purportedly purchasing them from their owner and did not promptly report their acquisition to respondent as…”
Reeves v. Giannotta, 130 A.D.3d 1444 (N.Y. App. Div. 2015). · cites it 2× “Defendants were authorized to seize the firearms from plaintiff’s parents pursuant to Penal Law § 400.05, and the same statute directed that *1446 those firearms be destroyed absent, inter alia, a “certificate” from a court or a district attorney directing that they be preserved…”
City of New York v. Adventure Outdoors, Inc., 644 F. Supp. 2d 201 (E.D.N.Y 2009). “See N.Y. Penal L. § 400.05 (1). Furthermore, the Court finds that plaintiff has set forth more than sufficient evidence to demonstrate that defendant Adventure Outdoors engages in *215 sales practices that contribute to this public nuisance.”
Nat'l Ass'n for the Advancement of Colored People v. Acusport, Inc., 271 F. Supp. 2d 435 (E.D.N.Y 2003). “10, 2001) (internal quotation omitted); see also N.Y. Penal Law § 400.05 (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…”
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