•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05105 Summary:

BILL NOA05105
 
SAME ASNo Same As
 
SPONSORAnderson
 
COSPNSR
 
MLTSPNSR
 
Rpld §265.01 sub 9, amd §265.03, Pen L
 
Relates to the criminal possession of a ghost gun; makes such possession a class C felony unless you are a licensed gunsmith or dealer in firearms with intent to manufacture and/or distribute such firearms; requires educational materials shall be provided for no less than 2 years after the effective date of such provisions.
Go to top

A05105 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5105
 
SPONSOR: Anderson
  TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of a ghost gun; and repealing certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This legislation makes possession of a ghost gun with the intent to sell, manufacture and/or distribute criminal possession of a weapon in the second degree   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends section 265,03 of the penal law criminal possession of a weapon in the second degree to include the possession of ghost guns Section 2: Repeals Subdivision 9 of 265.01 Section 3: This act shall take effect immediately JUSTIFICATION: Ghost guns are typically homemade firearms that can be assembled from kits or 3D-printed parts, often without serial numbers or other identifying markings.Ghost guns are often unserialized, making them difficult or impossible to trace. This lack of traceability poses a significant chal- lenge for law enforcement in investigating crimes involving these weap- ons. The unregulated production and distribution of ghost guns can potential- ly contribute to an increase in gun violence and criminal activities. These firearms may be more easily obtained by individuals who are prohibited from owning guns or who wish to evade background checks,Ghost guns exploit gaps in existing gun control laws and regulations. By circumventing background checks and other regulatory processes, these firearms can end up in the hands of individuals who would otherwise be denied access to conventional firearms.   PRIOR LEGISLATIVE HISTORY: 2023/2024: A09517 -referred to codes   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
Go to top

A05105 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5105
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to amend the penal law, in relation to criminal possession of a
          ghost gun; and repealing certain provisions of such law relating ther-
          eto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 265.03 of the penal law, as amended by chapter 742
     2  and subdivisions 1 and 3 as amended by chapter 745 of the laws of  2006,
     3  is amended to read as follows:
     4  § 265.03 Criminal possession of a weapon in the second degree.
     5    A  person  is  guilty of criminal possession of a weapon in the second
     6  degree when:
     7    (1) with intent to use  the  same  unlawfully  against  another,  such
     8  person:
     9    (a) possesses a machine-gun; or
    10    (b) possesses a loaded firearm; or
    11    (c) possesses a disguised gun; or
    12    (2) such person possesses five or more firearms; or
    13    (3)  such  person  possesses any loaded firearm. Such possession shall
    14  not, except as provided in subdivision one or seven of section 265.02 of
    15  this article,  constitute  a  violation  of  this  subdivision  if  such
    16  possession takes place in such person's home or place of business[.]; or
    17    (4)  such person is not licensed as a gunsmith or a dealer in firearms
    18  with intent to manufacture and/or distribute such firearms  pursuant  to
    19  section  400.00  of  this  chapter  and, knowing it is a ghost gun, such
    20  person possesses a ghost gun, provided that a person shall not be guilty
    21  under this section when such person voluntarily  surrenders  such  ghost
    22  gun  to any law enforcement official designated pursuant to subparagraph
    23  (f) of paragraph one of subdivision a of section 265.20 of this article.
    24  In conjunction with the attorney general's office, educational materials
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08168-01-5

        A. 5105                             2
 
     1  relating to this subdivision shall be made available to the  public  for
     2  no less than two years following the effective date of this subdivision.
     3    Criminal  possession  of  a  weapon  in the second degree is a class C
     4  felony.
     5    § 2. Subdivision 9 of section 265.01 of the penal law, as  amended  by
     6  chapter 149 of the laws of 2022, is REPEALED.
     7    § 3. This act shall take effect immediately.
Go to top