Penal Law § 265.60

Criminal sale of a ghost gun in the second degree · as in force on May 31, 2026

§ 265.60 Criminal sale of a ghost gun in the second degree.

1. A person is guilty of criminal sale of a ghost gun in the second degree when, knowing or having reason to know it is a ghost gun, he or she sells, exchanges, gives or disposes of a ghost gun to another person.

2. Notwithstanding subdivision one of this section, a person shall not be guilty of criminal sale of a ghost gun in the second degree when such person: (a) voluntarily surrenders such ghost gun 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 gun to a gunsmith licensed pursuant to section 400.00 of this chapter.

Criminal sale of a ghost gun in the second degree is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/265.60

In plain English

(1) Selling, exchanging, giving, or disposing of a ghost gun, while knowing or having reason to know what it is, is second-degree criminal sale of a ghost gun.
(2) Voluntary surrender to a designated law-enforcement official is not the crime; neither is transfer to a gunsmith licensed under § 400.00 within the 6 months after the section’s effective date.

The offense is a class E felony. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.