N.Y. Penal Law 265.61 – Criminal sale of a ghost gun in the first degree
§ 265.61 Criminal sale of a ghost gun in the first degree.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 7 years | up to $5,000 |
Terms Used In N.Y. Penal Law 265.61
- Ghost gun: means a firearm, rifle or shotgun that does not comply with the provisions of section 265. See N.Y. Penal Law 265.00
- Gunsmith: means 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. See N.Y. Penal Law 265.00
1. A person is guilty of criminal sale of a ghost gun in the first degree when, knowing or having reason to know they are ghost guns, he or she sells, exchanges, gives or disposes of ten or more ghost guns to another person or persons.
2. Notwithstanding subdivision one of this section, a person shall not be guilty of criminal sale of a ghost gun in the first degree if he or she: (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 a period of six months after the effective date of this section sells, exchanges, gives, or disposes of such ghost guns to a gunsmith licensed pursuant to section 400.00 of this chapter.
Criminal sale of a ghost gun in the first degree is a class D felony.