Defense Brief Motion Bank

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NY A 05105 2025-2026 assembly

Relates 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.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Official status checked 2026-10-21 23:46 PT

Bill summary

Relates 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.

Now vs if chaptered

NOW: ghost-gun possession is not a §265.03 class C count under this bill. IF CHAPTERED: knowing possession becomes CPW 2nd class C felony except licensed gunsmith/dealer with manufacture/distribute intent; §265.01(9) repealed.

Defender utility

NY PDs on ghost-gun / unserialized-frame calendars: this upgrade is pending, not present law. Do not let a complaint plead CPW 2nd on a bare ghost-gun possess under A 05105. If chaptered, the fight is knowledge, gunsmith/dealer exception, and surrender. CA PDs as portable PMF analogue — not a California charge.

Who this is for. NY PDs on ghost-gun possess calendars — pending class-C upgrade, not present law; current floor is CPW 4th §265.01(9); not a California charge.

Exemptions (draft)

If chaptered: §400.00 gunsmith or dealer intending to manufacture/distribute; voluntary surrender to a designated official.

Penalties (if chaptered)

If chaptered: criminal possession of a weapon in the second degree is a class C felony. Not a current ghost-gun count.

A-05105 New-York PMF ghost-gun CPW-2nd 265.03 class-C 265.01-repeal not-chaptered AB-1263-peer