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 with an untraceable ghost gun. 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), it is a criminal offense for any person to knowingly possess a ghost gun. This provision applies to any unserialized firearm, rifle, or shotgun, regardless of how or when it was acquired.
- Sale or transfer of ghost guns: The sale, exchange, giving, or disposal of a ghost gun to another person is prohibited.
- 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 any ghost gun became a criminal offense.[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