Voluntary Surrender of Firearms in New York

The voluntary surrender of a firearm is when an individual who has a gun brings it to a precinct or community center and turns it in. Sometimes community leaders have buyback events where somebody can come and sell a gun back to the city government with no questions asked for a small amount of money. They are not charged or questioned as long as they do not haven open criminal warrants. It is a complete no-questions-asked opportunity to turn in a gun. It is a way for the city to get guns off the street without penalties.

For more information about the voluntary surrender of firearms in New York, consult with a dedicated gun lawyer.

When the Gun was Involved in a Crime

In a buyback program or a voluntary surrender of firearms in New York, the person who sells the gun back may be required to give some identifying information for the purpose of ensuring that there are no open warrants for that individual. The goal is to get the guns off the street, not to prosecute the people who turn them in. Even if the gun was used in multiple homicides or to shoot a police officer, the authorities are usually not able to charge the individual who turned the gun in with anything. If a crime involving the gun is found, it may be DNA-tested and fingerprinted to see if the authorities can link anyone to the gun which could result in a criminal prosecution.

Identification Required When Voluntarily Surrendering Firearms

At the time of disposal, the person may be asked for their driver's license to make sure they do not have any open warrants. Law enforcement does not record any information on people selling guns back because that would have a chilling effect if someone thought that by participating in the voluntary surrender program, they put themselves under surveillance. However, some sort of ID is required to make sure that the person selling the gun back does not have multiple open warrants or is wanted for any violent felonies.

Voluntarily Surrendering Ammunition

Within the five boroughs, the possession of ammunition is illegal because of the city administrative code. In New York, there is not much of a push for voluntary surrender of ammunition. But it is important to remember that a person can be charged with the administrative code if they are found to illegally have ammunition. Voluntary surrender of ammunition is not the subject of major programs to get ammunition off the street, though an individual may go to their local precinct and turn in ammunition without fear of criminal prosecution.

Reach Out to a New York Gun Attorney Today

Most attorneys will recommend taking advantage of the voluntary surrender of firearms in New York if the person illegally possesses a firearm during the process of committing a crime. A lawyer will always recommend that the person cease any criminal activity. The best way to do so is to divest the possession of the firearm through the gun buyback program, which is supposed to be a safe and effective way to get the gun off the street. If you have any questions regarding the voluntary surrender of firearms in New York, call an attorney today.