A buddy of mine asked a question and I could not answer it, so I am turning to the crew for help. His neighbor, an elderly widow, might have her late husband's pistol. He had a permit, she does not. It's been a few years since the man died, and a policeman actually visited her asking if she has anything from her husband. She is very sentimental about the gun and wants to know how to make it legal. I told my buddy she has to ask an FFL to keep it while she applies for the permit, but I am not sure this is the correct answer.

What says the crew?

I believe that is the correct procedure unless there were changes in safe.  

When I was in my early 20'sI found a Colt Python in co-op city.  No cylinder.  Took it to my FFL, he had the local police trace it.  Ended up belonging to a man in CT.  It was stolen from him long before.  I was told at that time by my FFL that if it came back clean with no owner and no criminal use, I could keep it and put it on my license.

You are correct. In many counties the Sheriff's department will also hold the pistol until the individual had obtained their license.

The FFL has to get it from "somewhere legal" and she is not it. The best thing to do is have her "amnesty surrender" it to an agency and have them transfer it to an FFL after they run the numbers. It will have to be "found" recently.

http://codes.findlaw.com/ny/penal-law/pen-sect-265-20.html

FIFY.

So, judging by the above, the lady cannot legalize her dead husband's pistol because 15 days after his death have passed a long time ago?

Nassau County will have cops at the door within 24 hours of the death of a permit holder, I swear they have someone who gets calls from the ME anytime a death is reported anywhere in the county and they cross check it against permit holders... And many of those guns confiscated have been "lost" in the property room when it comes time to be returned to settle an estate.

Please guys, please make sure you have someone who can take possession of your guns (both rifles and pistols) in the event of your demise. I have seen some serious money guns get grabbed by the police and then be destroyed or "lost" when they should have gone to rightfully willed recipients.

A friends father had a mint Walther he brought back from WW2, was on his license and completely legal. I had seen and handled the gun on numerous occasions, it was worth more than a few bucks.
When he died the cops showed up the next day and demanded the gun be turned over to them. The family not knowing any better turned it over instead of calling me (as a fed I would have taken possession and held it to transfer later to a family member). Weeks later when a licensed relative went to have the gun transferred to them as per the executer of the estate, a detective in the pistol license section stated it would be "months and months" before it could be returned as "it was sent to the lab for testing". 6 months later they again requested the gun be transferred back to the family and they were told it was "unable to be found, probably in transit somewhere between the property section, the lab and the pistol license section."
Despite letters from their lawyers, the family never recovered the pistol and no explanation was ever given as to why it was ever sent to the lab when it was a legal pistol on a legal license.

She is technically already committing a crime.  She should bring it to an FFL with a copy of her husband's death certificate, driver's license, and pistol permit.  He can hold it, she can apply for the permit and put it on her permit.  

Basically, she needs to show where the gun came from, and why she now has it.

Wow.  I hope the family had money to sue.  That is absolutely ridiculous.  The executor of the estate is legally allowed to be in possession of that gun for days after the death, the police have no legal right to seize it like that.

They do it all the time... Unfortunately, I have spoken to people who have had the same thing happen to family member in the past. Some have had the guns returned after months of lawyers sending letters. Some have not...

She could say she just found it while cleaning out a closet or something. Happens all the time. Around here the Sheriff's Office will hold onto it until you get permit.

A criminal would simply give it to a family member in a free state who would then take it to an FFL once she had her permit and have it shipped to an FFL here.

But she is a sweet old lady so I am sure she wouldn't want to break the law.

Where in NY are you? If in the Capital Region I might be able to help.

NO GUNS ARE ILLEGAL!

FIREARMS ARE ILLEGAL

 

moral of the story is move out of this shite hole for a free state and dont deal with any of this bs.