Background
The Scott J. Beigel Unfinished Receiver Act was enacted alongside the Jose Webster Untraceable Firearms Act, with both laws signed into law in October 2021 and most provisions taking effect in April 2022. The Act was named after Scott J. Beigel, a geography teacher and cross-country coach at Marjory Stoneman Douglas High School in Parkland, Florida, who was killed in the 2018 mass shooting while protecting his students.[1]
While the Jose Webster Act addressed completed ghost guns, the Beigel Act targeted the upstream supply chain by regulating the unfinished frames and receivers that are used to build unserialized firearms.[2]
Definition of Unfinished Frame or Receiver
Under PL 265.07(1), an "unfinished frame or receiver" is defined as any material that does not yet 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 such a frame or receiver, and which may readily be made into a functional frame or receiver through milling, drilling, or other means.[3]
The term does not include raw material that has only had its size or external shape altered to facilitate transportation or storage, or material that has had its chemical composition altered. This distinction is important because it means that a blank piece of aluminum or polymer stock is not covered by the statute, but an "80% lower receiver" or similar partially machined component is covered once it has been shaped for the purpose of becoming a firearm frame or receiver.[4]
Key Prohibitions
The Beigel Act established the following restrictions through PL 265.07:[2]
- Possession restrictions: No person may possess an unserialized unfinished frame or receiver unless they are a licensed gunsmith who has properly serialized and registered the item
- Sale prohibition: The sale, exchange, giving, or disposal of an unserialized unfinished frame or receiver is prohibited
- Serialization mandate: Licensed gunsmiths who possess unfinished frames or receivers must engrave a unique serial number and their name or recognized abbreviation on the item, meeting or exceeding federal serialization standards
- Registration: All serialized unfinished frames and receivers must be registered with the New York State Police
Penalties
Violations of the Beigel Act's provisions are charged under the same penalty structure as the Jose Webster Act. Possession of an unserialized unfinished frame or receiver is a Class A misdemeanor under PL 265.01, punishable by up to one year in jail. Sale or distribution of unserialized unfinished frames or receivers carries felony penalties.[5]
Enforcement and Impact
The Beigel Act has been enforced through coordinated actions by the Attorney General's office and law enforcement agencies. Attorney General James has brought actions against online sellers advertising and shipping unfinished frames and receivers to New York buyers in violation of the law.[6] Together, the Jose Webster Act and the Beigel Act were described at the time of their signing as "the nation's toughest restrictions on ghost guns."[7]