Background and Purpose
The Jose Webster Untraceable Firearms Act was signed into law by Governor Kathy Hochul in October 2021, with most provisions taking effect in April 2022.[1] The law was named after Jose Webster, a 16-year-old from the Bronx who was shot and killed in 2011. It addressed the growing proliferation of ghost guns, firearms without serial numbers that are assembled from parts or kits and designed to evade background check requirements and law enforcement tracing capabilities.[2]
Definition of Ghost Gun
Under the amended Penal Law Section 265.00, a "ghost gun" is defined as any firearm, rifle, or shotgun that is not serialized and registered in accordance with state or federal law. The definition encompasses both completed firearms that lack serial numbers and firearms from which serial numbers have been removed, obliterated, or altered.[3]
Key Prohibitions
The Jose Webster Act established several new criminal offenses through amendments to Article 265 of the Penal Law:[4]
- Possession of a ghost gun: Under PL 265.01(9), a person who is not licensed as a gunsmith or firearms dealer commits an offense by possessing a ghost gun while knowing it is a ghost gun, subject to the voluntary-surrender provision. The offense concerns a ghost gun as defined in PL 265.00, whose definition of serialized excludes antique firearms and firearms, rifles, or shotguns manufactured before 1968.
- Sale or transfer of ghost guns: Selling, exchanging, giving, or disposing of a ghost gun to another person while knowing or having reason to know it is a ghost gun is prohibited, subject to the voluntary-surrender provision.
- Manufacture without license: Manufacturing or assembling a firearm without a valid gunsmith license is prohibited. A covered gunsmith or dealer who possesses an unserialized firearm or covered frame or receiver must serialize it and register it with the Division of Criminal Justice Services.
Serialization Requirements (PL 265.07)
PL 265.07 establishes serialization and registration requirements for licensed gunsmiths, persons required to be licensed as gunsmiths, and firearms dealers who possess an unserialized firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver:[5]
- Covered gunsmiths and dealers must engrave, cast, stamp, or otherwise conspicuously place a unique serial number and their name or recognized abbreviation on each covered unserialized item in their possession
- Serialization must meet or exceed the standards imposed on licensed importers and manufacturers under federal law (18 USC Section 923)
- Each covered item must be registered with the Division of Criminal Justice Services under its regulations
Grace Period
The law provided a six-month grace period from the effective date for individuals who possessed unserialized firearms to either have the weapons serialized by a licensed gunsmith or surrender them to law enforcement. After the grace period expired, possession of a ghost gun by a person not licensed as a gunsmith or firearms dealer remained an offense only when the person knew it was a ghost gun, subject to the voluntary-surrender provision.[3]
Penalties
Knowing possession of a ghost gun by a person who is not licensed as a gunsmith or firearms dealer is a Class A misdemeanor under PL 265.01(9), subject to the statute's surrender provision. A jail sentence for a Class A misdemeanor may not exceed 364 days.[6][8] Additional charges may apply depending on the conduct:
- Manufacture, transport, or disposal conduct may support separate charges under the applicable statutes
- If the ghost gun also meets the definition of an assault weapon or other prohibited weapon, the individual faces additional charges under the applicable statutes
Enforcement
Attorney General Letitia James has enforced New York's ghost-gun laws through actions against sellers accused of illegally advertising and selling ghost-gun parts and kits.[7] Penal Law Section 265.07 assigns registration of covered serialized items to the Division of Criminal Justice Services.
See also: Scott J. Beigel Act: Unfinished Frame and Receiver Regulation
Verification
6 of 6 factual claims on this page were matched to their source text as of 2026-10-16.
Show the claims
| Claim | Type | Status | Source | Checked |
|---|---|---|---|---|
| Penal Law Section 265.00Source text: # § 265.00 Definitions As used in this article and in article four hundred, the following terms shall mean and include: 1. "Machine-gun" means a weapon of any | STAT | verified against source | None | 2026-10-16 |
| PL 265.01(9)Source text: # § 265.01-a Criminal possession of a weapon on school grounds A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly | STAT | verified against source | None | 2026-10-16 |
| PL 265.00Source text: # § 265.00 Definitions As used in this article and in article four hundred, the following terms shall mean and include: 1. "Machine-gun" means a weapon of any | STAT | verified against source | None | 2026-10-16 |
| PL 265.07Source text: # § 265.07 Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers finished frames or re | STAT | verified against source | None | 2026-10-16 |
| 18 USC Section 923Source text: # § 923. Licensing ## (a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition | STAT | verified against source | None | 2026-10-16 |
| Penal Law Section 265.07Source text: # § 265.07 Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers finished frames or re | STAT | verified against source | None | 2026-10-16 |