Ghost Gun Manufacturing and Distribution Charges in New York

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, 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.

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

This statute makes it illegal to possess, manufacture, cause to be manufactured, sell, exchange, give, dispose of, transport, or ship any unfinished frame or receiver unless it has been assigned a serial number and registered.

Class A misdemeanor – up to 1 year in jail. But the statute has exceptions. Gunsmiths and dealers with proper licensing can possess unfinished frames. Individuals who possessed them before the law took effect had a grace period to serialize or surrender them.

What Counts as an “Unfinished Frame or Receiver”?

The statute defines it as “a piece of any material that may readily be completed, assembled, converted or restored to a functional state and when completed, functions as a frame or receiver.”

That language is broad. An 80% lower? Covered. A partially 3D-printed frame? Covered. Even raw materials that could be machined into receivers might be covered if “readily” convertible.

Manufacturing and Distribution – Felony Charges

If you manufacture ghost guns with intent to sell or distribute, prosecutors charge higher-level offenses.

Criminal possession of a weapon in the third degree (PL § 265.02) – possessing multiple unfinished frames/receivers with intent to use unlawfully. Class D felony – 2-7 years.

Criminal sale of a firearm (PL § 265.11-265.13) – selling ghost guns triggers the same criminal sale statutes as selling any firearm. Third degree: 2-7 years. First degree (10+ firearms): 5-25 years.

Federal Regulation of Ghost Guns

For decades, federal law didnt regulate unfinished frames and receivers. ATF’s position was that an 80% lower wasn’t a “firearm” under the Gun Control Act because it required substantial machining to function. That changed in 2022.

ATF’s New Rule on Unfinished Frames and Receivers

ATF issued a final rule redefining “frame or receiver” to include unfinished frames and receivers that are designed to or may readily be completed, assembled, or converted to function as frames or receivers. The rule also applies to weapon parts kits containing components from which a firearm can be assembled.

What this means: 80% lowers are now regulated as firearms. Dealers must serialize them, run background checks, maintain records. Individuals cant buy them without going through an FFL. Manufacturing firearms for personal use is still legal under federal law – but the parts kits themselves are regulated.

Federal Charges for Ghost Gun Manufacturing and Distribution

18 U.S.C. § 922(a)(1)(A) – dealing in firearms without a license. If you manufacture ghost guns and sell them without an FFL, that’s federal dealing. Up to 5 years per count.

18 U.S.C. § 922(k) – possessing, selling, or manufacturing firearms with removed or obliterated serial numbers. Ghost guns dont have serial numbers to begin with, but prosecutors argue this statute applies. Up to 5 years.

18 U.S.C. § 923 – making false statements to obtain firearms or ammunition. If you lied on any paperwork related to obtaining components, that’s another federal felony. Up to 10 years.

Common Ghost Gun Scenarios and Charges

You buy an 80% lower kit online, machine it in your garage, assemble a rifle. Under old federal law, this was legal. Under New York law, you violated PL § 265.50 possessing the unfinished receiver without serialization. Charges: NY class A misdemeanor. If police find the completed firearm, add criminal possession charges.

You 3D-print five handgun frames, buy components, assemble pistols, sell them for $600 each. Your manufacturing and selling without a license. Federal charges: dealing without a license (§ 922(a)(1)(A)) – five counts. NY charges: criminal sale of firearms – five counts. Potential exposure: 10-35 years combined.

Police find three unfinished Glock frames you purchased before NY’s law took effect. You didnt serialize them during the grace period. Three counts of PL § 265.50 – class A misdemeanors. Maximum 3 years. Prosecutors might argue the frames are functional firearms and charge criminal possession – class D felony, 2-7 years each.

Defenses to Ghost Gun Charges

Grandfather Provisions

NY’s law had a grace period allowing people who possessed unfinished frames before the effective date to serialize or surrender them. If you can prove you complied during the grace period, you have a defense. But you need documentation – proof you registered with DCJS or had it serialized by a licensed gunsmith.

Challenge to “Readily Convertible” Definition

PL § 265.50 applies to materials that “may readily be completed” into functional frames. We challenge whether the item is actually “readily” convertible. Does it require specialized equipment? Expert skills? If converting requires CNC equipment most people dont have, its not “readily” convertible.

I’ve defended cases where prosecutors charged clients for possessing chunks of metal they claimed were unfinished receivers. We brought expert testimony showing conversion would require industrial milling machines and expert knowledge. Charges dismissed.

Lack of Knowledge

You didnt know the item was an unfinished receiver. Without knowledge the object could be converted to a functional firearm, the mens rea element fails. This works better for obscure items than for clearly identifiable 80% lowers.

What Spodek Law Group Does

We challenge whether the item qualifies as an “unfinished frame or receiver.” Prosecutors claim any piece of metal or polymer is covered if it could theoretically be machined into a firearm. We bring expert witnesses who testify about what machining would actually be required, what equipment is needed. If it’s not “readily” convertible, it’s not covered.

For grandfather cases, we investigate whether you attempted to comply with serialization requirements. If you made good-faith efforts during the grace period but faced bureaucratic obstacles, we present that as a defense.

We attack manufacturing and distribution charges by challenging intent. Did you intend to sell the firearms, or were you building for personal use? If you assembled multiple guns but kept them, that undercuts the distribution element.

For federal cases involving the new ATF rule, we challenge retroactive application. If you possessed unfinished frames before the rule took effect, we argue the rule cant criminalize conduct that was legal when you engaged in it.

At Spodek Law Group, we’ve defended ghost gun cases from simple possession to large-scale manufacturing. You can reach us 24/7 at our offices throughout NYC and Long Island. When prosecutors charge you with ghost gun offenses, your defense matters.