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New York · 2025-2026 General Assembly
A05105Relates to the criminal possession of a ghost gun; makes such possession a class C felony unless you are a licensed gunsmith or dealer in firearms with intent to manufacture and/or distribute such firearms; requires educational materials shall be provided for no less than 2 years after the effective date of such provisions.
Direction
Firearmsweapon accessory restrictionsAI label
↓Restricts gun accessmodel confidence 90%
Adds ghost guns to the list of items whose unlicensed possession is criminal possession of a weapon in the second degree (a class C felony), with a narrow exception for licensed gunsmiths/dealers and a voluntary surrender defense, so more restrictions on firearms.
such person is not licensed as a gunsmith or a dealer in firearms with intent to manufacture and/or distribute such firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun
✓ Quote verified word for word in the bill text
FirearmsotherAI label
=No change to gun accessmodel confidence 80%
Repeals subdivision 9 of penal law 265.01 (the prior specific prohibition on ghost-gun possession) while moving the prohibition into the higher-degree 265.03, resulting in no net change to the underlying restriction on ghost guns.
Subdivision 9 of section 265.01 of the penal law, as amended by chapter 149 of the laws of 2022, is REPEALED.
Why the model tagged it this way: The bill adds a new subdivision (4) to penal law 265.03 that criminalizes knowing possession of a ghost gun by anyone who is not a licensed gunsmith or dealer in firearms, making it a class C felony (with a voluntary surrender safe harbor). It simultaneously repeals the prior standalone ghost-gun prohibition in 265.01(9). The net effect is to maintain and slightly strengthen the restriction on unlicensed ghost-gun possession by elevating it to a higher felony class, with no provisions on other listed topics.
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