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New York statute

N.Y. Penal Law § 265.61 — Criminal sale of a ghost gun in the first degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 265: Firearms and Other Dangerous Weapons, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 265.61

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 265.61Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
265.61 Criminal sale of a ghost gun in the first degree. 1. A person is guilty of criminal sale of a ghost gun in the first degree when, knowing or having reason to know they are ghost guns, he or she sells, exchanges, gives or disposes of ten or more ghost guns to another person or persons. 2. Notwithstanding subdivision one of this section, a person shall not be guilty of criminal sale of a ghost gun in the first degree if he or she: (a) voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) within a period of six months after the effective date of this section sells, exchanges, gives, or disposes of such ghost guns to a gunsmith licensed pursuant to section 400.00 of this chapter. Criminal sale of a ghost gun in the first degree is a class D felony.

Official sources

Legal terms used in this section

Questions this section answers

What class of felony is criminal sale of a ghost gun in the first degree in New York?

Criminal sale of a ghost gun in the first degree is a Class D Felony in New York under N.Y. Penal Law § 265.61.

Which New York statute covers criminal sale of a ghost gun in the first degree?

Criminal sale of a ghost gun in the first degree is governed by N.Y. Penal Law § 265.61 (Criminal sale of a ghost gun in the first degree).

This reference is informational and is not legal advice.