As New York firearms attorneys we reported in our December 28, 2021 blog about the new law regulating 80 percent lower receivers in New York, the law allows for a six month grace period. However as has been reported in the news lately, the term “Ghost Gun” is the new boogie man for gun control supporting politicians and raids have been taking place before the new law even takes effect. Please read this article and this one.
The problem for many gun owners begins when they unlawfully finish what started out as an 80 percent lower in one of two ways. First, it is a serious felony under New York law to possess any handgun, even in one’s own home without a handgun license. Once you complete the 80 percent lower into a handgun a person who doesn’t have a pistol license possesses an unregistered and unlicensed firearm, referred to by many politicians as a “ghost gun”. The fact is that getting a handgun license in many New York counties, especially during the pandemic could take a year or more. In addition, fully manufactured guns were hard to come by. Some people took matters into their own hands and completed 80% lowers into functioning handguns.
Possession of a handgun without a license in your home or place of business is a class “E” felony punishable by up to 4 years in prison. Possession of a loaded unlicensed and unregistered handgun outside your home or place of business is a class “C: violent felony and carries a mandatory minimum sentence of 3.5 years in State prison with a maximum sentence of 15 years. Possession of 3 or more firearms makes it a “D” felony and possession of 5 or more firearms makes it a “C” felony.