CJI2d[NY] Penal Law § 265.61 (1)

The (specify) count is Criminal Sale of a Ghost Gun in the First Degree.

Under our law, 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.

The following terms used in that definition have a special meaning:

A GHOST GUN means a firearm, rifle, or shotgun that is not serialized – meaning, it does not bear a visible identification number and/or a symbol as required of licensed importers and licensed manufacturers.²

Add as applicable:

A ghost gun is not

Select appropriate alternative(s);

an antique firearm

(An “antique fireman” means any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.³) (or)

a firearm, rifle, or shotgun that was manufactured prior to 1968.⁴]

[A FIREARM means any pistol or revolver.⁵]

[RIFLE means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire only a single projectile through a rifled bore for each single pull of the trigger using either: (a) fixed metallic cartridge; or (b) each projectile and explosive charge are loaded individually for each shot discharged. (Add if in issue: In addition to common, modern usage, rifles include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fire a single projectile with each discharge, or loading, including muzzle loading rifles, flintlock rifles, and black powder rifles.)⁶]

[SHOTGUN a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; or (b) a projectile or number of ball shot and explosive charge are loaded individually for each shot discharged. (Add if in issue: In addition to common, modern usage, shotguns include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fires ball shot with each discharge, or loading, including muzzle loading shotguns, flintlock shotguns, and black powder shotguns.)⁷]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date), in the County of (County), the defendant, defendant's name⁸ sold, exchanged, gave, or disposed of ten or more ghost guns;

2. That the defendant did so knowing or having reason to know that ten or more were ghost guns; and

3. That ten or more of the ghost guns were operable.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.