Expert: Robert P. Firriolo - 8/23/2009

Question
QUESTION: Dear Mr. Firriolo,
I would like to know if there is any legal way to register pistols that were brought back from Germany in 1946?  They have no paperwork, just brought back in a duffle bag and left there until recently found. They are a small French revolver and a Model 1910 Mauser pistol. I have a current NYS pistol license and want to go down the right and lawful path. This is Nassau County, NY that we are talking about.

ANSWER: While I can't swear to what NCPD is doing today, I do know that in years past, when this situation arose, the procedure that the Pistol License Section would follow is to take the guns into custody, run a check on them to make sure that they were not reported lost or stolen, and then return them to a pistol license holder. The person to whom they are returned must be licensed. Since you say you are licensed, that should not be a problem, and they can add them to your license once they clear the check.

I suggest calling NCPD Pistol License Section in advance, explaining how (as you say) the guns were just recently found, and tell them you want to bring them in so they can be added to your license. Hopefully they are still following the procedure outlined below. If you have trouble with the person answering the phone (i.e., they are unfamiliar with this procedure), I suggest politely asking to speak directly to the commanding officer of the section.

Remember to always get the name of the person to whom you speak, and make a note of it. This way, if you walk in with unregistered guns and the person behind the counter doesn't know what to do, you can say, "I spoke with Sgt. _____ and he said I should bring them in..."

Best of luck to you.

---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Firriolo,
I might add that the soldier is still alive. This is sound advise and I am thinking about doing this. Should I ask the Pistol license section first if there are any rules, regulations, laws, procedures, edicts, or whatever that are IN WRITING that would fit this situation? I can go on and on with this and you have been extremely helpful with your answers, however I do not want to take advantage. Anyway thanks and I will put in a good recommendation

Answer
There is already a procedure in NYS law that allows one to lawfully transport an unregistered firearm to the police even if one does not have a license. Penal Law sec. 265.20 (f) makes it an exception to the law against handgun possession for a person voluntarily surrendering a handgun (in Nassau) to the police department under the terms established by the department. These "terms" are what I suggested you inquire about before heading down to Mineola.

Note that the provision also states, "A person who possesses any such weapon ... as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days.  If such property is not lawfully disposed of within such period the possessor shall deliver it to an appropriate official described in this paragraph or such property may be delivered to the superintendent of state police.  Such officer shall hold it and shall thereafter deliver it on the written request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same.  If no request to deliver the property is received by such official within two years f the delivery of such property, such official shall dispose of it in accordance with the provisions of section 400.05 of this chapter."

So, while the first part of the law talks generally about surrendering a firearm, the second part contemplates a procedure where the firearm belongs to somebody who has died. I cannot tell you whether NCPD will treat the guns differently if you decide to tell them that the person who brought them back is still alive. You can ask them if they have anything in writing on this procedure but I suspect this would be an internal bulletin that they would not share with you.

Again, best of luck to you.