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

1. 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.

The entire incident was captured on surveillance tape from nearby buildings, and a witness identified our client as the shooter. Initially, the prosecutors sought a sentence near the maximum, between 8 and 10 years in prison. After a lengthy period of negotiation, the client’s attorney, Matthew Galluzzo, secured a plea agreement for the client with a sentencing range of between 33-41 months under the Federal Sentencing Guidelines. However, following the client’s guilty plea, it was up to the federal judge to decide his ultimate sentence (the Sentencing Guidelines are advisory but not mandatory).

Prior to the sentencing hearing, Mr. Galluzzo submitted a lengthy memorandum detailing the client’s difficult upbring, his long period of productive employment, his supportive family network, his remorse for the crime, and the terrible conditions the client had endured at MDC Brooklyn during the pendency of the case. The federal judge (Judge Donnelly) was thus persuaded to give our client a downward variance far below the sentencing Guidelines, in sentencing him to 24 months in prison. Given the time that he has already spent in custody, that amounts to a sentence only slightly longer than time served. The client was thrilled was this result and with the prospect of returning home to his wife and son soon.

The case caption is United States v. R.P., 20-cr-511(AMD) in the Eastern District of New York.

If you or a loved one have been arrested and charged with a federal firearm crime like 18 U.S.C. Section 922(g), you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Mr. Galluzzo has extensive experience defending these sorts of cases and is well known for his passionate advocacy. Mr. Galluzzo operates primarily in New York, Connecticut and New Jersey federal courts, but has also represented clients in other federal courts across the country.

Narcotics (21 U.S.C. 846 and 21 U.S.C. 841)

Wire fraud (18 U.S.C. 1343)

Bank fraud (18 U.S.C. 1344)

The Bribery/Travel Act (18 U.S.C. 1952)

Homicide (18 U.S.C. 1111, 18 U.S.C. 1117, 18 U.S.C. 1118)

RICO/organized crime/conspiracy (18 U.S.C. 1961)

Firearms (18 U.S.C. 922, 18 U.S.C. 924)

Trademark Counterfeiting (18 U.S.C. 2320)

Airplane Offenses (including assault and sexual assault) (e.g. 18 U.S.C. 113, 18 U.S.C. 2241-2244, 49 U.S.C. 46506)

Foreign Corrupt Practices Act (15 U.S.C. 78dd-1)

Tax Fraud (26 U.S.C. 7201)

Medicare/Medicaid/Health Care Fraud (18 U.S.C. 1347)

Human Trafficking (18 U.S.C. 1590, 18 U.S.C. 1591, 18 U.S.C. 1952)

Visa Fraud (18 U.S.C. 1546)

Misdemeanors – federal parks and monuments

Money Laundering (18 U.S.C. 1956)

Child exploitation (e.g. 18 U.S.C. 2251, 18 U.S.C. 2252, 18 U.S.C. 2252(a))

Give Mr. Galluzzo a call for a free case evaluation and a quote for his services. Serving Bridgeport, New Haven, and Hartford.

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON

18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

Elements

A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories:

1. Felon – (Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.);

2. Drug user or addict – (Often shown where paraphernalia seized, subject tests positive for drugs and/or subject claims drugs were possessed for personal use.);

3. Alien – (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.);

4. Is subject to a domestic restraining order – (The order must prohibit contact with an intimate partner, or child of the subject, and must have been issued only after a hearing of which the subject was notified and at which the subject had an opportunity to participate. The order must also find the subject poses a threat to the physical safety of the intimate partner or child or must prohibit the use, threatened use or attempted use of physical force.);

5. Has a prior conviction for domestic assault – (Includes a prior conviction for any assault or threatened use of a deadly weapon against a present or former spouse or partner or child or guardian of any such person. The subject must have been entitled to a jury trial and been represented by counsel in the prior proceeding or be shown to have waived those rights.);

6. Fugitive from justice – (Fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding.); or

7. Dishonorably discharged from the military; AND

C. The firearm or ammunition was transported across a state line at any time. [Note, that means at any point during the manufacture or supply chain prior to the sale of the firearm or ammunition, meaning that it does not need to have been actually transported across state lines by the end user or person charged with possessing the items himself/herself).

II. KNOWINGLY SELL, GIVE OR OTHERWISE DISPOSE OF ANY FIREARM OR AMMUNITION TO ANY PERSON WHO FALLS WITHIN ONE OF THE ABOVE CATEGORIES:

18 USC § 922(d). Punishable by up to 10 years imprisonment.

III. USE, CARRY OR POSSESS A FIREARM IN RELATION TO OR IN FURTHERANCE OF A DRUG FELONY OR A FEDERAL CRIME OF VIOLENCE:

18 USC § 924(c). Punishment ranges from at least 5 years up to life imprisonment, without parole, or death if death results from use of firearm. Sentence must be served consecutive to any other sentence. Mandatory minimum sentence increases depending upon: the type of firearm involved (sawed-off gun, silencer, etc.); whether more than one offense was committed; and whether gun was simply possessed or was brandished or discharged.

IV. STOLEN FIREARM, AMMUNITION OR EXPLOSIVE:

18 USC §§842(h); 922(i), (j) & (u). Punishable by up to 10 years imprisonment.

A. May not receive, possess, conceal, store, pledge or accept as security for a loan, barter, sell or ship or transport across a state line any stolen firearm, ammunition or explosive.

B. May not steal or unlawfully take or carry away a firearm from the person or premises of a firearms licensee.

V. FIREARM IN A SCHOOL ZONE:

18 USC § 922(q)(2)(A). Punishable by up to 5 years imprisonment.

A. Except as authorized, may not possess or discharge a firearm in a school zone.

VI. KNOWINGLY POSSESS OR MANUFACTURE:

18 USC § 922(k), (o) & (v); 26 USC § 5861. Punishable by up to 5 or 10 years imprisonment, depending upon specific violation.

A. Any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon;

B. Any firearm silencer, including any device, or part thereof, designed to silence, muffle or diminish the report of a firearm;

C. Sawed-off shotgun with a barrel length of less than 18″ or overall length less than 26″;

D. Sawed-off rifle with a barrel length of less than 16″ or overall length less than 26″;

E. Destructive device;

F. Semi-automatic assault weapon manufactured after October 1, 1993; OR

G. Any firearm which lacks a serial number or contains an altered or obliterated serial number.

VII. SELL, DELIVER OR TRANSFER TO A JUVENILE:

18 USC § 922(x)(1). Punishable by up to 1 year imprisonment unless transferor had reason to believe juvenile would commit crime of violence with gun or ammunition then up to 10 years imprisonment.

18 USC § 922(b). A firearms licensee faces up to 5 years imprisonment.

A. May not sell, deliver or transfer a handgun or handgun-only ammunition to a person who is under age 18;

B. A person under age 18 may not possess a handgun or handgun-only ammunition;

(Certain exceptions apply to A & B, such as where juvenile possesses written permission of a parent.);

C. A firearms licensee may not sell any gun or ammunition to anyone under the age of 18 and may not sell a handgun or handgun ammunition to a person under the age of 21.

DEFINITION OF “FIREARM”:

Any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device.

A “destructive device” includes any explosive, incendiary or poison gas — (i)bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended to be converted into a destructive device, or from which a destructive device may be readily assembled. Does not include black powder or antique type firearms. 18 USC §921(3).

SUMMARY

Many of these offenses can also be prosecuted under state law, but the punishments under federal law tend to be more severe. As a result, many arrests for illegal firearms made by state or local law enforcement get referred to the federal authorities for prosecution under federal law. Thus, one should never assume that a state-level arrest for an illegal firearm will not ultimately be prosecuted as a federal crime.

If you or a loved one have been arrested for a firearms offense, you should strongly consider contacting an experienced criminal defense attorney immediately, such as these attorneys available here.

There is an age-old principle of law which says that ignorance of the law is no excuse for breaking it (ignorantia juris non exusat); if it were, one could claim a defense to every crime on the grounds that he/she was unaware such conduct was illegal. While the general policy implications of the doctrine are obvious, there is one particular area of the law where this doctrine seems to have an extremely harsh impact on individuals and their families, and that is in cases where people with out-of-state permits to possess firearms pass through either one of New York City’s two major airports with properly-secured guns, completely unaware that they are committing what is classified as a “violent felony” here. What’s worse is that their conduct is perfectly legal in their home states and they have no idea that New York does not recognize their out of state gun permits. The result is that travelers literally hand over their weapons to the authorities thinking that what they are doing is perfectly legal and proper, only to find out that the are being arrested and charged with a serious crime.

Many people enter New York City with guns which are legal to possess in their home states. In fact, many of these people have properly obtained permits to possess their guns back home and are simply unaware that those permits do not bestow the right to possess those guns here in New York City. All too often, unsuspecting travelers will walk into either La Guardia or JFK International airport with their firearms under the mistaken belief that the permit or license they properly obtained in their home state is applicable here. The traveler has no idea that he or she is violating New York law by possessing the firearm until he/she is arrested after properly securing the firearm in the appropriate travel case and declaring it at the airport. In other situations, the passenger secures and checks the gun in their home state where they are duly licensed, in compliance with Federal Law and airline regulations, and no one in the departing state stops them from travelling to New York City! It isn’t until that person arrives in New York and finds themselves in handcuffs and shipped off to central booking then criminal court, where it can take 24 hours in custody before they get to see a Judge and hopefully the light of day if they are released. The result is both shocking and terrifying to the person who never saw any of this coming…

In a vast majority of these cases, not only has the person secured the firearm in the proper travelling case, but they have unloaded the firearm and secured the ammunition apart from the firearm itself and declared or checked that too. Not only is the person unaware that their out of state permit has no effect in New York, they have no idea that in the eyes of New York law they are carrying a LOADED firearm.

New York Penal Law 265.00(3) defines a “firearm,” in pertinent part, as any pistol or revolver. PL 265.00(15) defines a “loaded firearm” as follows – “any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.”

The italicized portion of subdivision 15 is what makes this common occurrence so serious – even if there isn’t a single bullet in the gun, the law will consider it “legally loaded” if the person in possession of the gun is also in possession of ammunition for it, regardless of the fact that it is removed from the gun itself. That the ammunition is in a completely separate container or section of the packaging than the gun is of no consequence – you are in possession of a “loaded” firearm.

As if this weren’t enough of a shock to the traveler who didn’t realize he/she was doing anything illegal, that person is then charged with violating Penal Law Section 265.03(3), Criminal Possession a Weapon in the Second Degree, which reads as follows:

“A person is guilty of criminal possession of a weapon in the second degree when such person possesses a loaded firearm.”

This charge is a class C violent felony, which means that it carries a MINIMUM sentence of 3.5 years in prison, and as much as 15 years in prison. The case is then handed to a prosecutor in about as perfect a package as was the gun when it was literally handed over to the authorities by the traveler at the airport. Because there is often no factual question that the traveler possesses the gun, and ignorance of the law provides no legal defense, the prosecutor then has all of the leverage in world. The prosecutor can demand a 3.5 year prison sentence, or may come down to a lower felony and offer less time (The Manhattan District Attorney’s Office has often demanded a 2 year prison sentence in even first arrest gun cases). The one silver lining, however, is that the prosecutor also has the discretion to come down to a non-jail sentence, and a defense attorney can advocate for leniency despite the fact that there is no legal defense to the charge.

The only option in a case such as this is to hire an experienced attorney who can hit the ground running to work with the prosecutor to try to negotiate a fair disposition that avoids the stiff penalties of imprisonment that are available given the nature of the charges.

If you or someone close to you has been arrested for bringing a firearm to one of New York’s airports, or for gun possession anywhere for that matter, contact an experienced criminal defense attorney at the Law Office of Matthew Galluzzo, where several of our attorneys are former prosecutors can help you.

The Family Court process can be daunting for a family inexperienced in defending against allegations such as these, even in juvenile arrest matters. A young defendant and his or her family will most likely be interviewed by probation and if the charge warrants it, be brought before a judge where an adjudication of juvenile delinquency can be made either through an admission or, in some cases, after a fact-finding hearing. The Family Court Act requires the attendance of the juvenile respondent and his or her counsel to be present during such a hearing. It is for this reason, that it is important that your child’s rights are protected by a lawyer experienced in handling juvenile arrest cases. If an adjudication of juvenile delinquency is made, the Family Court Act requires a dispositional hearing to take place within 10 days of the adjudication (if the charge is a felony) or within 50 days of the adjudication (for all other cases). The possible outcomes of a dispositional hearing for a juvenile defendant are three: (i) a conditional discharge, which for all intents and purposes is an order from the court requiring the juvenile to stay out of trouble and comply with whatever other conditions the court deems necessary to correct the behavior, (ii) probation, which would imply reporting to a probation officer for a set period of time, or, in extreme cases (iii) placement in a juvenile detention facility. The court’s decision will be the result of a balancing of the needs of the juvenile against the need to protect the community.

Simply put, should a loved one or family member of yours require assistance in sorting out a family court or adult criminal matter, you should call The Law Office of Matthew Galluzzo.

UPDATE: March 2, 2010: Lil’ Wayne’s sentencing was delayed on account of a fire in the courthouse. http://bit.ly/a3jsgQ