Ghost Gun Manufacturing and Distribution Charges in New York

Thanks for visiting Federal Lawyers, a second-generation criminal defense firm managed by our lead attorney, with over 50 years of combined experience defending firearms cases throughout New York. “Ghost guns” are firearms without serial numbers – built from unfinished frames or receivers, 3D-printed components, or build-it-yourself kits. New York has criminalized possessing, manufacturing, and selling these unserialized firearms. Possess an unfinished frame or receiver without proper serialization? That’s a class A misdemeanor under NY Penal Law § 265.50. Manufacture or sell ghost guns? Your facing felony charges – class D or C depending on the circumstances. Federal law recently changed too – ATF now treats 80% lowers and unfinished frames as firearms requiring serial numbers and background checks.

What Are Ghost Guns?

Ghost guns are firearms that lack serial numbers, making them untraceable. They come in several forms.

80% Lower Receivers

An “80% lower” is an unfinished receiver requiring additional machining to function. For years, these were sold as unregulated pieces of metal or polymer. Buyers completed the machining at home using drill presses or CNC machines, creating functional firearms without serial numbers or background checks.

3D-Printed Firearms

3D printing technology allows manufacturing firearm frames using plastic polymers. You download the design file, print the frame, add metal components like barrels and firing pins, assemble a functional gun. No serial number. No background check.

Build-It-Yourself Kits

Kits containing all components needed to build a firearm – unfinished frame, barrel, slide, springs, firing pin. The buyer drills holes, files edges, assembles the parts. Result: functional handgun without serialization.

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Legal Scenario: What Would You Do?

Scenario

You purchased an 80% lower receiver kit online and have been building AR-15-style rifles in your garage as a hobby. Last week, NYPD officers executed a search warrant on your home and discovered three fully assembled firearms with no serial numbers, along with additional unfinished frames and manufacturing tools.

What charges am I facing for building and possessing these unserialized firearms in New York, and is there any defense available to me?

Attorney's Answer

Under New York Penal Law § 265.01(8) and the updated provisions from the Jose Webster Untraceable Firearms Act, possessing, manufacturing, or selling ghost guns — firearms without valid serial numbers — is a criminal offense that can be charged as a class D or class E felony depending on the number of weapons and intent. The discovery of multiple completed firearms alongside manufacturing equipment could elevate the charges to include criminal possession of a weapon in the second or third degree under PL § 265.02 and § 265.03, and prosecutors may argue the quantity suggests intent to distribute. However, a strong defense strategy would examine whether the search warrant was properly obtained and executed, challenge the prosecution's evidence of intent to sell versus personal use, and scrutinize the exact legal classification of the unfinished frames under current ATF and state definitions. Given that New York's ghost gun laws have evolved rapidly since 2022, there may also be constitutional challenges available regarding the retroactive application of serialization requirements to components you acquired before the law took effect.

This is general information only. Contact us for advice specific to your situation.

New York’s Criminalization of Ghost Guns

New York passed comprehensive ghost gun legislation targeting possession, manufacturing, and distribution.

PL § 265.50 – Unlawful Possession of Unfinished Frames or Receivers