A pistol license division of a county LEA must be in compliance with the firearm disposition provisions of NYS law. In this regard they cannot just do anything they want to because they "feel" like it.
NYSP Pistol Permits FAQs
Q - What happens to lawfully possessed firearms belonging to a licensee who has died?
The person designated as the executor or administrator of the deceased's estate may lawfully possess the firearms in question for a period of up to 15 days for the sole purpose of lawfully disposing of the firearms.
If this cannot be accomplished within the 15-day time frame, the weapons must be surrendered to a law enforcement agency who would then hold the weapons for safe keeping for a period not to exceed 2 years during which time the weapons may still be disposed of.
If the weapons are not disposed of within that time period, they will be classified as nuisance properties and destroyed.
§ 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
..............................
(f) A person voluntarily surrendering such weapon, instrument,
appliance or substance, provided that such surrender shall be made to
the superintendent of the division of state police or a member thereof
designated by such superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of
Suffolk to the commissioner of police or a member of the police
department thereof designated by such commissioner, or if such person
resides in a city, town other than one named in this subparagraph, or
village to the police commissioner or head of the police force or
department thereof or to a member of the force or department designated
by such commissioner or head; and provided, further, that the same shall
be surrendered by such person in accordance with such terms and
conditions as may be established by such superintendent, sheriff, police
force or department. Nothing in this paragraph shall be construed as
granting immunity from prosecution for any crime or offense except that
of unlawful possession of such weapons, instruments, appliances or
substances surrendered as herein provided. A person who possesses any
such weapon, instrument, appliance or substance 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 of the delivery
of such property, such official shall dispose of it in accordance with
the provisions of section 400.05 of this chapter.
2. Possession of a machine-gun, large capacity ammunition feeding
device, firearm, switchblade knife, gravity knife, pilum ballistic
knife, billy or blackjack by a warden, superintendent, headkeeper or
deputy of a state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or detained as witnesses in criminal cases, in pursuit of official duty
or when duly authorized by regulation or order to possess the same.
§ 400.05 Disposition of weapons and dangerous instruments, appliances
and substances.
.....................
6. A firearm which is surrendered or voluntarily delivered pursuant to
section 265.20 of this chapter and which has not been declared a
nuisance pursuant to subdivision one of this section, shall be retained
by the official to whom it was delivered for a period not to exceed one
year. Prior to the expiration of such time period, the person who
surrendered such firearm or firearms, shall have the right to arrange
for the sale, or transfer, of such weapons to a dealer in firearms
licensed in accordance with this chapter or for the transfer of such
weapons to himself provided that a license therefor has been issued in
accordance with this chapter. If no such disposition is made within the
time provided, the weapon, or weapons concerned shall be declared a
nuisance and shall be disposed of in accordance with the provisions of
this section.