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Ghost guns are firearms that are made from kits or parts. They don’t contain a serial number, so they’re not traceable by law enforcement. Individuals who purchase ghost gun components, which are sometimes called unfinished frames, usually have to do some machining and assembly before they have a functional firearm. The lack of serial number is a primary public safety concern when it comes to these guns. Law enforcement officials can trace a serialized firearm through owners and manufacturers, so they have a trail to follow when a crime is committed using the gun. Without that information on ghost guns, crimes committed with them may go unsolved unless there’s other evidence present in the case.
The regulation of ghost guns is a complex and evolving issue. Under the Gun Control Act of 1968, firearms must have a serial number and be sold by licensed manufacturers and dealers. At the federal level, there have been efforts to tighten regulations on ghost guns.
In 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) proposed a rule to redefine the term “frame or receiver” to include unfinished components that can be readily converted into functional firearms. This rule would require manufacturers and sellers of these parts to be licensed and to serialize the components, making them traceable.
In New York, the Jose Webster Untraceable Firearms Act takes a harsh stance against ghost guns, which is defined as any unserialized and unregistered firearm. At its core, it forbids anyone in the state to possess a ghost gun unless they’re a licensed gunsmith. It also forbids the sale of ghost guns, regulates the assembly of firearms and sets requirements for serializing all firearms, receivers and unfinished frames.
The rise of ghost guns has raised significant concerns among law enforcement agencies, policymakers and public safety advocates. These concerns all center around the unregulated availability of firearms to individuals who are forbidden from possessing firearms. Some are concerned this could lead to an increase in gun violence and mass shootings.
All gun crimes are taken serious throughout New York. For defendants who are facing these charges, determining what defense strategy to utilize should be their highest priority. They may opt to turn to a legal representative who can evaluate the case and help them learn about their defense strategy options.
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Answers to Your Most Common Questions
Remain calm and exercise your right to remain silent. Do not answer questions or make statements to police without a lawyer present. Anything you say can be used against you. Contact a criminal defense attorney immediately so they can protect your rights and begin building your defense from the earliest stage.
Yes. Criminal charges can be dismissed for many reasons, including lack of evidence, constitutional violations, illegal searches, procedural errors, or speedy trial violations. An experienced criminal defense attorney can identify weaknesses in the prosecution’s case and pursue dismissal whenever possible.
Criminal cases can take anywhere from a few weeks to over a year, depending on the charges, court scheduling, motion practice, and whether the case resolves through dismissal, plea, or trial.
Your first appearance is called an arraignment. The judge will read the charges, determine bail or release conditions, and set future court dates. Having a criminal defense lawyer present is critical to protect your liberty and begin your defense immediately.
Not necessarily. Many first-time offenses result in non-jail outcomes such as dismissal, reduction, probation, fines, or an Adjournment in Contemplation of Dismissal (ACD). The outcome depends on the charges, facts of the case, and the strength of the defense strategy.
Legal fees vary depending on the seriousness and complexity of the case. Misdemeanor cases typically cost less than felony or federal cases. Most criminal defense attorneys offer consultations and flexible payment structures depending on the circumstances.
Yes, in many cases. Options such as dismissals, ACDs, reductions to non-criminal violations, and sealing may allow you to avoid or minimize a permanent criminal record.
Yes. Even misdemeanor convictions can result in jail time, fines, probation, and a permanent criminal record. A defense lawyer can often get charges reduced, dismissed, or resolved in a way that protects your future.
You will be processed, fingerprinted, and brought before a judge for arraignment. The judge will determine release conditions and schedule future court dates. A criminal defense lawyer can begin challenging the charges immediately.
Yes. Many felony cases are negotiated down to misdemeanor charges depending on the facts, evidence, and defense strategy. Early and aggressive representation greatly improves these chances.
Felony penalties vary widely and may include probation, fines, or prison. However, many felony cases can be resolved without incarceration depending on the facts and defense.
Depending on the charges, the judge may release you on your own recognizance, set bail, or impose non-monetary conditions. Bail laws in New York have changed significantly, and many charges are now non-bail eligible.
Your license may be suspended at arraignment and could later be revoked depending on the outcome. However, many drivers are eligible for conditional licenses that allow them to continue driving legally.
Immediately. The earlier a lawyer becomes involved, the more opportunities there are to protect your rights, preserve evidence, and pursue dismissal or reduction of charges.
Yes. Cases can be dismissed through motion practice, lack of evidence, constitutional violations, or negotiation. Many cases resolve favorably before ever reaching trial.
Yes. Many cases qualify for sealing after dismissal or after a waiting period following conviction. Sealing prevents most employers and the public from seeing your record.
Federal cases are prosecuted by the U.S. Attorney’s Office and typically involve more extensive investigations and potentially more severe penalties. Federal procedures and sentencing guidelines differ significantly from state court.
Possibly. Federal agents typically do not contact individuals without reason. You should assume you may be under investigation and consult an attorney immediately.
Yes. Federal cases can be dismissed or resolved favorably depending on the evidence, legal issues, and defense strategy. Early intervention by experienced counsel is critical.
A federal grand jury reviews evidence to determine whether charges should be filed. If you believe you are involved in a grand jury investigation, you should contact a lawyer immediately.
Do not speak with them without a lawyer present. Even innocent statements can be used against you. Politely decline to answer questions and contact a federal defense attorney immediately.
You will appear before a federal judge, who will determine whether you are released on bail or detained. The case will then proceed through federal court, which involves strict procedures and deadlines.
Yes. Many defendants are released on bond or conditions. The court considers factors such as risk of flight and danger to the community.
Yes. You should never speak with federal agents without a lawyer present. This is critical to protect your rights and avoid self-incrimination.
In some cases, yes. A court may grant bail pending appeal depending on the circumstances.
A CPL 440 motion is a post-conviction motion used to challenge a conviction based on issues outside the trial record, such as ineffective assistance of counsel or newly discovered evidence.
Yes. Convictions can be overturned through appeals, CPL 440 motions, or other post-conviction relief depending on the circumstances.
Yes. Newly discovered evidence can be grounds to reopen or overturn a conviction.
Yes. You have the right to appeal your conviction and challenge legal errors that occurred during your case.
Generally, you must file a notice of appeal within 30 days of sentencing. It is critical to act quickly to preserve your rights.
A direct appeal challenges errors in the trial record, while a CPL 440 motion raises issues outside the record, such as ineffective assistance or new evidence.
You may be able to challenge your conviction through a CPL 440 motion based on ineffective assistance of counsel.