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. Only licensed gunsmiths may build firearms, and they must serialize all completed weapons and register them with the Division of State Police.
Serialization Requirements (PL 265.07)
PL 265.07 establishes comprehensive serialization and registration requirements for all firearms, frames, and receivers:[5]
- Licensed gunsmiths must engrave, cast, stamp, or otherwise conspicuously place a unique serial number and their name (or recognized abbreviation) on all firearms, frames, and receivers in their possession
- Serialization must meet or exceed the standards imposed on licensed importers and manufacturers under federal law (18 USC Section 923)
- All serialized weapons must be registered with the New York State Police
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
Possession of a ghost gun under PL 265.01(9) is a Class A misdemeanor, punishable by up to one year in jail.[6] However, additional charges may apply depending on the circumstances:
- If the individual has a prior criminal conviction, possession may be elevated to a Class D felony under PL 265.02 (two to seven years in prison)
- Sale or manufacture of ghost guns may be charged as a felony
- 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 actively enforced the ghost gun provisions, bringing actions against sellers who illegally advertise and sell ghost gun parts and kits in violation of the law.[7] The State Police maintain a database of serialized firearms registered under PL 265.07, and law enforcement agencies statewide have conducted operations targeting the possession and sale of unserialized weapons.
See also: Scott J. Beigel Act: Unfinished Frame and Receiver Regulation