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New York Defense Attorney for Ghost Guns
New York State has enacted comprehensive legislation to address the proliferation of ghost guns—untraceable firearms assembled from parts lacking serial numbers. These laws, primarily codified under Penal Law Article 265, criminalize the possession, sale, and manufacture of such firearms and their components.
an unserialized “ghost gun” seized from a client
🛠️ Defining Ghost Guns and Unserialized Components
Under New York law, a “ghost gun” refers to an unserialized firearm, including both completed and unfinished frames or receivers. An “unfinished frame or receiver” is defined as any material that has been shaped or formed for the purpose of becoming the frame or receiver of a firearm and which may readily be made into a functional frame or receiver through milling, drilling, or other means.
⚖️ Key Statutes and Offenses
- Criminal Sale of a Ghost Gun in the Second Degree (Penal Law § 265.60)
- Offense: Knowingly selling, exchanging, giving, or disposing of a ghost gun to another person.
- Exceptions: Not applicable if the individual voluntarily surrenders the ghost gun to law enforcement or, within six months, disposes of it to a licensed gunsmith.
- Penalty: Class E felony.
2. Criminal Sale of a Ghost Gun in the First Degree (Penal Law § 265.61)
- Offense: Selling, exchanging, giving, or disposing of ten or more ghost guns to another person.
- Exceptions: Similar to the second-degree offense, including voluntary surrender or transfer to a licensed gunsmith within six months.
- Penalty: Class D felony.
3. Criminal Possession of an Undetectable Firearm (Penal Law § 265.01(9))
- Offense: Knowingly possessing a firearm that is not detectable by metal detectors or X-ray machines.
- Penalty: Class D felony.
🛡️ Legislative Background
In 2021, New York enacted the Jose Webster Untraceable Firearms Act and the Scott J. Beigel Unfinished Receiver Act, which collectively prohibit the possession and sale of ghost guns and their components. These laws also require gunsmiths and dealers to register firearms and unfinished frames or receivers they assemble.
📌 Enforcement and Legal Precedents
In March 2024, New York Attorney General Letitia James secured a $7.8 million judgment against Florida-based retailer Indie Guns for illegally selling ghost gun components in New York. The company was permanently banned from selling such parts in the state.
Additionally, in December 2024, Congressman Ritchie Torres called on Governor Kathy Hochul to close loopholes in New York’s ghost gun laws, particularly concerning the manufacturing of 3D-printed ghost guns, following a high-profile murder involving such a weapon.
📝 Conclusion
New York’s stringent laws aim to curb the proliferation of ghost guns and enhance public safety. Individuals found in violation of these statutes face serious legal consequences, including felony charges and significant penalties. The state’s proactive approach underscores its commitment to addressing the challenges posed by untraceable firearms. Of course, the possession or sale or use of ghost guns can also be prosecuted in federal courts by federal prosecutors under federal law, too.
Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully defended and represented people arrested for the possession of ghost guns. If you or a loved one have been arrested for this offense in the New York City area, you should strongly consider engaging Matthew Galluzzo to be your attorney.