Ikkin Arms Firearms - Rochester New York
Ikkin Arms · Rochester, New York

Can You Sell Firearms Held by Police?

Ikkin Arms firearm displayed for consignment at its Rochester shop
Ikkin Arms · Rochester, NY

Firearms held by law enforcement may still have value. When the owner and agency authorize release to our dealership, Ikkin Arms can assess them and discuss a consignment sale.

01 Confirm ownership and status02 Obtain authorized agency release03 Discuss a signed consignment
Start with the agency holding the firearm. An arrest, order of protection, extreme risk protection order (ERPO), license suspension, or evidence hold can affect whether and when a firearm may be released. We cannot remove a firearm from police custody without the required authorization, and an evidence or forfeiture hold may prevent a sale.

How a police release may become a consignment

  1. Confirm the owner and status. Tell us which agency holds the firearm, why it is held, and whether you have an inventory receipt, release instructions, or court paperwork. We will ask for proof that you are authorized to arrange its sale.
  2. Confirm release to Ikkin Arms. The agency must confirm that release to our licensed business is permitted and provide its process and any required written authorization. Do not attempt to retrieve or handle the firearm yourself if you are prohibited from possessing it.
  3. Agree on pickup and sale terms. If we accept the firearm, we will confirm any collection trip, intake and consignment charges before work begins. After lawful release, we record its receipt in our dealer records and market it under a signed consignment agreement.
  4. Sell and settle. We discuss value, listing options and your minimum acceptable price. Following a completed lawful sale, proceeds are paid under the agreement after applicable charges and cleared funds.
Held after an arrest

A firearm held as evidence or subject to a forfeiture proceeding cannot simply be collected for sale. Ask the agency or your attorney whether and when it may be lawfully released.

Order of protection or ERPO

The order and the agency's release instructions control the next step. A transfer to a dealer may be possible in some circumstances, but we review the documents before agreeing to receive the firearm.

Another lawful owner

If the firearm belongs to someone other than the person named in an order, the owner may need to establish ownership and obtain the required authorization for release.

Download the release authorization form

If the holding agency will consider releasing the firearms directly to Ikkin Arms, use our fillable, two-page owner authorization form to identify the agency and list the firearms. Complete both pages, sign it, and have the signature notarized before giving it to the agency. Ask the agency whether it also requires its own release paperwork.

The signed form requests an authorized release; it does not require an agency to release a firearm or create a consignment. Call us before arranging pickup.

What should you have ready when you call?

Tell us the holding agency, any property or case number, your relationship to the firearm, its make and model if known, and any deadline or court order. Share only documents the agency permits you to share. We will explain what we need before quoting pickup or accepting a consignment.

Fees: Our standard consignment page lists new-agreement intake, listing, commission and optional collection-trip rates. An agency pickup is subject to acceptance, release requirements, travel distance and an agreed quote. No fee or sale arrangement is created solely because an agency holds a firearm.

Common questions

Does police custody mean I have lost ownership?

Not necessarily. Custody and ownership are different questions. A forfeiture order, court order, or another person's ownership claim may change what you can authorize. The agency and any applicable court must confirm the release path.

Can Ikkin Arms pick it up and sell it for me?

Possibly, if the agency will lawfully release it to our licensed business, you have authority to direct the sale, and we agree to the pickup and a signed consignment. We cannot promise that an agency will release a particular firearm.

Do I have to take possession first?

No. If the release is approved, ask the agency whether it can release directly to Ikkin Arms. Do not personally take possession when an order or law prohibits it.

What if the firearm is still evidence or has been forfeited?

We cannot sell it while a legal hold prevents release or after you have lost the legal authority to sell it. Ask the holding agency or your attorney about its status.

New York law recognizes some routes for an owner to arrange sale or transfer of a surrendered firearm to a licensed dealer; the rules depend on how and why the firearm is held. See Penal Law § 400.05(6) and CPL § 530.14. Ikkin Arms will review each proposed release before accepting it.
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