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.
S T A T E O F N E W Y O R K
________________________________________________________________________
5105
2025-2026 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 265.03 of the penal law, as amended by chapter 742
and subdivisions 1 and 3 as amended by chapter 745 of the laws of 2006,
is amended to read as follows:
§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business[.]; OR
(4) SUCH PERSON IS NOT LICENSED AS A GUNSMITH OR A DEALER IN FIREARMS
WITH INTENT TO MANUFACTURE AND/OR DISTRIBUTE SUCH FIREARMS PURSUANT TO
SECTION 400.00 OF THIS CHAPTER AND, KNOWING IT IS A GHOST GUN, SUCH
PERSON POSSESSES A GHOST GUN, PROVIDED THAT A PERSON SHALL NOT BE GUILTY
UNDER THIS SECTION WHEN SUCH PERSON 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.
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
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