What are Ghost Guns?

Ghost guns are firearms that can be assembled from parts or kits, often without serial numbers. 

In the last 4 years, the NYPD reports that ghost guns have increased +154% in New York. Recently, the firearm allegedly used by Luigi Mangione in the shooting of UnitedHealthcare CEO Brian Thompson was a ghost gun. These ghost guns can be created through various methods - sometimes, they can be made entirely on a 3D-printer. Other times, additional metal parts can be ordered and added to a 3D-based model.

New York has strict laws regarding firearms, including the possession, sale, and manufacturing of ghost guns. As of 2022, New York passed laws banning the sale of unfinished firearm parts (also known as "ghost gun kits") and making it a crime to possess a ghost gun or to manufacture one without proper registration. Hence, these firearm laws have become even stricter in recent years and violating these laws can lead to severe penalties, including criminal charges and significant fines.

Here’s an overview of the law and potential defenses for those facing charges related to ghost guns.

New York Ghost Gun Law

In order for a jury to find someone guilty of unlawfully possessing a ghost gun, the prosecution must prove each of the following elements beyond a reasonable doubt:

• On or about a certain date, the individual possessed a ghost gun 
• The individual possessed the gun knowing it was a ghost gun
• The individual was not a dealer in firearms or licensed as a gunsmith
• The ghost gun was operable

Additionally, here are some more ghost gun law provisions in New York:

1. Prohibition on Manufacturing and Possession: New York law prohibits the possession, sale, or manufacture of ghost guns. This includes unfinished frames or receivers and any kit that allows a person to assemble a firearm without a serial number.
2. New Regulations:some text
   • ATF Involvement: Under federal law, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulates parts that could be used to build a firearm. In 2022, the ATF imposed new rules requiring serial numbers on unfinished frames and receivers. New York state has followed this federal guidance, with stricter state-level enforcement.
3. Scott J. Beigel Unfinished Receiver Act: some text
   • Establishes the crime of the criminal sale of an unfinished frame or receiver. The Jose Webster Untraceable Firearms Act amended the New York Penal Law to define the words “serialized” and “ghost gun.” These laws make it illegal not only to possess a ghost gun, but they also ban individuals from selling, exchanging, giving, or disposing an unfinished frame or receiver. New York law also prohibits shipping ghost gun kits or components such as unfinished frames and receivers to addresses in the state.

So, is it Illegal to have a Gun Without a Serial Number?

Under New York law, a ghost gun is defined as any firearm, rifle, or shotgun that is not serialized. Without a serial number or other manufacturer marking, these weapons can’t be registered with a law enforcement agency — and are thus, untraceable.

While New York law has long prohibited individuals from possessing unregistered firearms, the recently enacted legislation also bans individuals from possessing the parts and components to make or assemble them.

Defense Against Ghost Gun Charges in New York

If someone is charged with a crime related to ghost guns in New York, several potential defenses could be explored:

1. Lack of Knowledge: A defendant may claim they didn’t know the item in question was a ghost gun or that it was an illegal firearm. For example, if someone bought a kit unknowingly or without understanding its purpose, they might be able to argue that they were unaware of the law.
2. Unlawful Search and Seizure: If law enforcement violated constitutional rights during the search or seizure of evidence (e.g., without a warrant or probable cause), any evidence obtained might be inadmissible in court, potentially leading to dismissal of the charges.
3. No Intent to Assemble: Another defense may focus on whether the defendant actually intended to assemble a ghost gun. If the individual was merely in possession of parts and had no intent to construct a firearm, this could be a defense in some cases.

Penalty and Sentencing

The criminal penalties associated with violating the laws concerning ghost guns are severe. If an individual is found guilty of possessing a ghost gun, they can be convicted of a Class E felony. Punishment can include a jail sentence of four years, five years probation, and a fine up to $5,000. 

Additionally, a person who sells an unfinished frame or receiver can also be charged with a Class E felony — or they may face a Class D felony charge and a jail sentence of seven years, depending on the circumstances. In these cases, the prosecution must prove that the individual possessed an unfinished frame or receiver on or about a certain date with the knowledge that it was an unfinished frame or receiver, and they were not a licensed gunsmith.