An executor or administrator may legally possess the firearms of a decedent for up to fifteen days beyond the death in order to facilitate their transfer through a firearms dealer. If the firearms are not lawfully transferred within that fifteen day time period the firearms must be turned over to a law enforcement agency before they can be legally transferred. (NYS PL § 265.20(1)(f))
Firearms can be turned over to law enforcement by placing them, unloaded, in an opaque container in the rear most area of your vehicle and then driving directly to a law enforcement agency or by calling 911 and informing the call taker you have firearms to turn over. Whether driving to the station or having a law enforcement officer (LEO) respond to your location, do not handle the firearms in the presence of the LEO. Leave the firearms where they are for the LEO to handle.
Firearms can be transferred directly to an immediate family member (spouse, domestic partner, children, and step-children) of the deceased by utilizing and filing the Transfer of Estate Form. Please note the additional required documents listed at the bottom of the form. If the firearms are to be transferred or sold to anyone else, they must first be released to a firearms dealer.
The following is the procedure if firearms from an estate are held by the Monroe County Sheriff’s Office. If the firearms are held by another agency, please reach out to that agency to verify their procedure.
Monroe County Sheriff’s Office
If you added the firearms to your permit using the Transfer of Estate Form, contact the Firearms Investigation Coordinator to proceed.
MCSO can only release firearms to a firearms dealer located within Monroe County. Firearms can be released to a firearms dealer only after the Surrogate’s Court appoints an Executor or Voluntary Administrator. A copy of the court paperwork will need to be sent to the Firearms Investigation Coordinator along with a letter from the appointed person, signed with a notary, stating the firearms dealer the firearms should be released to.
If you have any questions, please call the MCSO Firearms Investigation Coordinator at 585-753-4812.
All paperwork should be mailed to: Monroe County Sheriff’s Office
Attn: Firearms Investigation Coordinator
130 S. Plymouth Ave
Rochester, NY 14614
Contact information for other local law enforcement agencies:
Brighton Town Police Department
2300 Elmwood Avenue
Rochester, NY 14618
Telephone: (585) 784-5125
Fax: (585) 784-5151
Brockport Village Police Department
1 Clinton Street
Brockport, NY 14420
Telephone: (585) 637-1021
Fax: (585) 637-1016
East Rochester Village Police Department
317 Main Street
East Rochester, NY 14445
Telephone: (585) 586-4399
Fax: (585) 381-4512
Fairport Village Police Department
31 South Main Street
Fairport, NY 14450-2186
Telephone: (585) 223-1740
Fax: (585) 223-1759
Gates Town Police Department
1605 Buffalo Road
Rochester, NY 14624-1696
Telephone: (585) 247-2262
Fax: (585) 247-8969
Greece Town Police Department
6 Vince Tofany Boulevard
Greece, NY 14612
Telephone: (585) 581-4033
Fax: (585) 581-4028
Irondequoit Town Police Department
1300 Titus Avenue
Rochester, NY 14617
Telephone: (585) 336-6000 x306
Fax: (585) 342-5699
Ogden Town Police Department
269 Ogden Center Road
Spencerport, NY 14559-2024
Telephone: (585) 617-6131
Fax: (585) 352-6650
Rochester City Police Department
185 Exchange Boulevard
Rochester, NY 14614
Telephone: (585) 428-7033
Fax: (585) 428-6093
Webster Town Police Department
1000 Ridge Road
Webster, NY 14580
Telephone: (585) 872-1216
Fax: (585) 872-7010
