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.
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
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.
