If a pistol permit holder has passed away, the firearms listed on the permit must be legally disposed of by the estate in accordance with New York State law. Until lawful disposition can be arranged, the firearms should be delivered to a New York State licensed firearms dealer or turned over to a law enforcement agency for safekeeping.
Under New York State Penal Law §§265.20 and 400.05, certain individuals may temporarily possess the firearms in order to arrange for their legal transfer or surrender.
The process depends on whether an executor or administrator has been legally appointed to manage the estate.
If an executor or administrator has been appointed
The executor or administrator of the estate is responsible for arranging the lawful disposition of the firearms.
Time requirement
The executor, administrator, or lawful possessor may possess the firearms for up to fifteen (15) days after the death of the permit holder for the purpose of arranging lawful disposition.
Within this fifteen-day period, the firearms must be:
- Transferred through a licensed firearms dealer, or
- Turned over to a law enforcement agency for safekeeping.
If firearms are not disposed of within fifteen days
If the firearms cannot be transferred within fifteen days, they must be surrendered to a law enforcement agency.
The law enforcement agency may hold the firearms for safekeeping until the executor arranges a lawful transfer through a licensed firearms dealer or authorizes destruction.
Firearms held by a law enforcement agency may only be retained for up to one year. If no lawful disposition is arranged during that time, the firearms may be declared a nuisance and destroyed in accordance with New York State law.
Processing the Firearms Through a Licensed Dealer
In Erie County, handguns belonging to a deceased pistol permit holder must be delivered to a New York State licensed firearms dealer if they are being sold or transferred to another pistol permit holder.
The dealer will handle the firearms in accordance with state and federal law. This includes conducting the required background check and providing the purchaser or transferee with a receipt for the firearm, which can then be submitted to their local Pistol Permit Office.
If no executor or administrator has been appointed
If the deceased did not leave a will, or no executor or administrator has been appointed by the court, family members or others should not attempt to transfer the firearms.
In this case, a local law enforcement agency should be contacted to take custody of the firearms and ensure they are held safely. The firearms may remain with the agency until an executor or administrator is appointed or other lawful arrangements are made for their disposition.
Closing Out the Deceased’s Pistol Permit
To close out a deceased permit and have the firearm removed, the following documentation is required:
- If the firearm is transferred through a licensed dealer, a photocopy of the death certificate and the dealer’s receipt.
- If the firearm is submitted to a law enforcement agency, a photocopy of the death certificate and the property receipt from the agency.
A $3 processing fee is required to close out the permit.
Disclaimer
This information is provided for general guidance and does not constitute legal advice.