What's happening
This bill criminalizes the possession, manufacture, and sale of untraceable "ghost guns" in New York, requiring serialization and registration.
Why it matters
Expands the definition of "gunsmith". to include anyone who assembles or manufactures guns, not just those doing so commercially—meaning hobbyists and DIY builders are now regulated under the same standards as professional manufacturers.
Requires serialization and registration. of all newly assembled or manufactured firearms (including unfinished frames and receivers) by licensed gunsmiths, which aims to close loopholes allowing untraceable weapons to circulate.
Creates new felony offenses. for unlicensed assembly, manufacture, or sale of ghost guns, with escalating penalties based on the number of weapons involved, signaling a stricter approach to ghost gun trafficking.
Establishes a pathway for compliance. by giving individuals a six-month grace period to have existing ghost guns serialized and registered, potentially preventing otherwise law-abiding owners from immediate criminal liability while transitioning to the new system.
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Who cares
Headline styles
Ban Untraceable Ghost Guns
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 43–17
- Ordered to third reading cal.1017
- Print number 7763a
- Amend and recommit to rules
- Reported and committed to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Untraceable Ghost Guns
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7763--A
IN SENATE
February 14, 2020
Introduced by Sens. HOYLMAN, KAPLAN, BIAGGI, GOUNARDES, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to enacting the Jose Webster untraceable firearms act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Jose Webster untraceable firearms act".
§ 2. Subdivision 8 of section 265.00 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows:
8. "Gunsmith" means (a) any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun; or (b) any person who assembles, manufactures, fabricates, builds, or fits together the component parts of a firearm, rifle or shotgun, regardless of whether the firearm, rifle or shotgun is intended for personal use, commercial sale or for any other purpose. "Gunsmith" shall not include any person who performs routine cleaning or maintenance on a lawfully possessed firearm, rifle or shotgun for non-commercial purposes.
§ 3. Section 265.00 of the penal law is amended by adding a new subdivision 31 to read as follows:
31. "Ghost gun" means a firearm, rifle or shotgun that does not comply with the provisions of section 265.07 of this article and is not serialized in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of this section, as added by chapter nine hundred eighty-six of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15385-06-0
S. 7763--A 2
nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight.
§ 4. Subdivision 10 of section 265.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended and a new subdivision 11 is added to read as follows:
(10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction[.]; or
(11) Such person is not a gunsmith duly licensed pursuant to section 400.00 of this chapter and possesses a ghost gun, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty of criminal possession of a weapon in the third degree when such person possesses a ghost gun during the process of providing such ghost gun to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost gun serialized and registered pursuant to section 265.07 of this article.
§ 5. The penal law is amended by adding a new section 265.07 to read as follows: § 265.07 Registration and serialization of firearms, rifles, shotguns,
finished frames or receivers, and unfinished frames or
receivers by gunsmiths.
(1) For the purposes of this section, "unfinished frame or receiver" means a piece of any material that does not constitute the frame or receiver of a firearm, rifle or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling or other means. The term shall not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.
(2) A gunsmith shall engrave, cast, stamp or otherwise conspicuously place both a unique serial number and his or her name (or recognized abbreviation) on any firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that he or she manufactures, assembles or causes to be manufactured or assembled after the effective date of this section, regardless of the manner of manufacturing or assembly, in a manner that satisfies or exceeds the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3) A gunsmith shall register with the division of state police any firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that he or she manufactures, assembles or causes to be manufactured or assembled after the effective date of this section, regardless of the manner of manufacturing or assembly, that would not otherwise be subject to the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
Any gunsmith who fails to comply with the provisions of this section shall be guilty of a class C felony.
§ 6. Section 265.10 of the penal law is amended by adding a new subdivision 8 to read as follows:
8. Any person other than a gunsmith duly licensed pursuant to section 400.00 of this chapter who assembles, manufactures, fabricates, builds or fits together the component parts of a firearm, rifle or shotgun,
S. 7763--A 3
other than for the purposes of performing routine cleaning or maintenance on a lawfully possessed firearm, rifle or shotgun for non-commercial purposes, is guilty of a class C felony.
§ 7. The penal law is amended by adding three new sections 265.60, 265.61 and 265.62 to read as follows: § 265.60 Criminal sale of a ghost gun in the third degree.
1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the third degree when such person sells, exchanges, gives or disposes of a ghost gun.
2. A person shall not be guilty of criminal sale of a ghost gun in the third degree when such person:
(a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or
(b) within six months after the effective date of this section, provides such ghost gun to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost gun serialized and registered pursuant to section 265.07 of this article.
Criminal sale of a ghost gun in the third degree is a class D felony. § 265.61 Criminal sale of a ghost gun in the second degree.
1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the second degree when such person:
(a) sells, exchanges, gives or disposes of five or more ghost guns; or
(b) sells, exchanges, gives or disposes of a total of five or more ghost guns in a period of not more than one year.
2. A person shall not be guilty of criminal sale of a ghost gun in the second degree when such person:
(a) voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or
(b) within six months after the effective date of this section, provides such ghost guns to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost guns serialized and registered pursuant to section 265.07 of this article.
Criminal sale of a ghost gun in the second degree is a class C felony. § 265.62 Criminal sale of a ghost gun in the first degree.
1. Except as otherwise provided in subdivision two of this section, a person is guilty of criminal sale of a ghost gun in the first degree when such person:
(a) sells, exchanges, gives or disposes of ten or more ghost guns; or
(b) sells, exchanges, gives or disposes of a total of ten or more ghost guns in a period of not more than one year.
2. A person shall not be guilty of criminal sale of a ghost gun in the first degree if such person:
(a) voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of this article; or
(b) within six months after the effective date of this section, provides such ghost guns to a gunsmith duly licensed pursuant to section 400.00 of this chapter for the purposes of having such ghost guns serialized and registered pursuant to section 265.07 of this article.
Criminal sale of a ghost gun in the first degree is a class B felony.
§ 8. Subdivisions 1, 2, 3, and 12-a of section 400.00 of the penal law, subdivision 1 and paragraph (a) of subdivision 3 as amended by chapter 1 of the laws of 2013, paragraph (c) of subdivision 1 as amended
S. 7763--A 4
by chapter 60 of the laws of 2018, subdivision 2 as amended by chapter 189 of the laws of 2000, paragraph (b) of subdivision 3 as added by chapter 778 of the laws of 1985, and subdivision 12-a as added by chapter 1042 of the laws of 1974, are amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her citizenship; (i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law; (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act; (l) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that: (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm; and (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test; (m) who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs; and (n) concerning whom no good cause exists for the denial of the license. No person shall engage in the business of gunsmith or dealer in firearms, nor assemble, manufacture, fabricate, build, or fit together the component parts of a firearm, rifle, or shotgun, other than for the purposes of performing routine cleaning or main-
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tenance on a lawfully possessed firearm, rifle, or shotgun for non-commercial purposes, unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued. For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to enacting the Jose Webster untraceable firearms act
Purpose
This bill addresses the growing threat posed by the manufacture, possession, and sale of unregistered, untraceable guns and gun compo- nents with no serial numbers (collectively known as "ghost guns") in New York State.
Summary of provisions
Section 1 names the bill the "Jose Webster Untraceable Firearms Act".
Read the full memo (986 words)
Section 2 amends the definition of "gunsmith" under section 265.00 of the penal law to clarify that it applies to anyone who assembles, manu- factures, fabricates, builds, or fits together the component parts of a firearm, rifle, or shotgun, no matter what purpose such gun is intended for, but does not apply to a person .
Section 3 adds a new subdivision 31 to section 265.00 of the penal law to define the term "ghost gun".
Section 4 adds a new subdivision 11 to section 265.02 of the penal law to provide that a person is guilty of criminal possession of a weapon in the third degree (a Class D felony) when a person possesses a ghost gun, with certain exceptions.
Section 5 adds a new section 265.07 to the penal law entitled "Registra- tion and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers by gunsmiths". This section defines the term "unfinished frame or receiver", and requires gunsmiths to serialize any firearm, rifle, shotgun, finished frame or receiver, or unfinished frame/receiver that they manufacture or assemble in a manner that complies with federal requirements imposed on licensed importers and manufacturers of firearms. It also requires gunsmiths to register any firearm, rifle, shotgun, finished frame or receiver, or unfinished firearm frame or receiver they manufacture or assemble that would not otherwise be subject to serialization and registration requirements under federal law with the division of state police. Gunsmiths who violate this section would be guilty of a Class C felony.
Section 6 adds a new subdivision 8 to section 265.10 of the penal law to provide that any person other than a licensed gunsmith who assembles, manufactures, fabricates, builds or fits together the component parts of a firearm, rifle, shotgun is guilty of a Class C felony.
Section 7 adds three new sections (265.60, 265.61, 265.62) to the penal law to establish the crimes of criminal sale of a ghost gun in the 3rd, 2nd, and 1" degrees (class D, C, and B felonies, respectively), with exceptions allowing surrender to law enforcement or provision to gunsmiths for serialization.
Section 8 amends certain subdivisions of Section 400.00 of the Penal Law to make technical changes consistent with the other provisions of the bill.
Section 9 establishes the effective date of the bill.
Justification
Though New York's gun control laws are among the strongest in the nation, gun manufacturers continue to seek loopholes in both state and federal law that would allow them to evade important requirements and sell dangerous weapons to those seeking to use them to do harm.
New York's law enforcement community is increasingly sounding the alarm about the need to address the proliferation of "ghost guns", which are guns that are unregistered and do not have serial numbers, making them extremely difficult for law enforcement to trace.
Law enforcement officials in Rochester, Albany, Syracuse, New York City, and other jurisdictions have confirmed that they have either seized ghost guns or have criminal cases pending involving ghost guns.
Some of these guns are made using 3D printers; others are advertised for sale as "80% finished" and come with kits and instructions allowing purchasers to make simple alterations to the firearm's frame or receiver to complete the assembly of these deadly weapons. This allows purchasers who have criminal records or others who would not pass a required feder- al background check to evade those requirements and other laws requiring frames and receivers to carry serial numbers.
The New York State Attorney General's Office recently issued cease and desist orders to the operators of sixteen websites advertising unfin- ished kits containing "nearly complete" assault weapons. Though the Attorney General's commendable action is made possible because New York State law prohibits the possession, sale, or manufacture of assault rifles and certain other dangerous weapons, gaps in our law still exist for firearms, rifles, and shotguns that do not fall under the definition of an "assault weapon."
This loophole in gun control laws across the nation can have deadly consequences. California has suffered numerous shootings involving ghost guns over the past few years, several of which involved individuals with criminal records or court orders that would have otherwise prevented them from owning firearms.
New Jersey passed a similar law in 2018, and their law enforcement offi- cials have already made use of it, charging four defendants in March 2019 for smuggling parts from Pennsylvania into New Jersey to be used to manufacture AR-15 style assault rifles. New York must take aggressive action against the growing threat that ghost guns pose to the safety and well-being of its residents.
This bill would prohibit the possession of ghost guns by anyone other than a licensed gunsmith, prohibit the sale of ghost guns entirely, and require anyone manufacturing or assembling a firearm in New York to be a licensed gunsmith. It would also require New York gunsmiths to serialize any firearms, rifles, shotguns, and unfinished firearm frames or receiv-
ers they manufacture or assemble, and register those not otherwise covered under federal law with the Division of State Police.
Legislative history
New bill
Fiscal implications
To be determined
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.