Ghost Guns

by | Oct 23, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On August 12, 2025, a three-judge appellate panel decided the Mercer County case of State v. Malihki Oliver. The principal issue under N.J.S.A. 2C:1-3 concerned the legality of transporting and assembling “ghost gun” kits in New Jersey that were legally purchased in Pennsylvania.

Judge Rose wrote for the Appellate Division in relevant part: Defendant argues the motion judge erroneously agreed with the State’s grand jury instruction that Paragraph k is comprised of two elements when “the Legislature intended one element,” “purchasing with the intent to assemble.” Noting the ghost gun kits were purchased in Pennsylvania, where it is legal to do so, defendant argues Paragraph k only “prohibits purchasing firearm parts in New Jersey for the purposes of manufacturing the firearm without a serial number.” Because the State cannot demonstrate the purchase occurred in New Jersey, defendant asserts the State failed to present prima facie evidence of the elements of the offenses charged in counts one and two of the indictment, and the judge misapplied the territorial jurisdiction statute.

The plain terms of Paragraph k and the territorial jurisdiction statute refute defendant’s contentions. In our view, Paragraph k requires the State prove defendant: (1) purchased a ghost gun kit; (2) acted with purpose to manufacture or assemble a firearm; and (3) was not registered or licensed to manufacture or assemble a firearm in this state. The conduct stated in the first element, the ghost gun purchase, is distinct from the conduct stated in the second element, the actor’s state of mind. Contrary to defendant’s argument, nothing about the language of the statute requires the ghost gun purchase occur in New Jersey or that the first and second elements of Paragraph k constitute a single element.

Accordingly, we are not persuaded the motion judge misapplied the territorial jurisdiction statute. Defendant argues N.J.S.A. 2C:1-3(a)(1) is not applicable to the charges at issue here because “that section requires either the conduct or the result of the conduct be committed in New Jersey.” Instead, defendant contends the exception to territorial jurisdiction under N.J.S.A. 2C:1-3(b)(6) applies because the charged conduct is not a crime in Pennsylvania and the State presented “no evidence that he owned or intended to assemble the firearms.”

Although the evidence presented to the grand jury revealed the purchase of ghost gun kits occurred outside this state, and was lawful in that jurisdiction, the State presented sufficient evidence from which the jury could infer defendant purchased the kits with the purpose of manufacturing firearms in New Jersey, satisfying the culpability element under N.J.S.A. 2C:1-14(h)(3)(b), and territorial jurisdiction under N.J.S.A. 2C:1-3(a). As the motion judge found, the State presented evidence that defendant and Tucker purchased five ghost gun kits with “two slides and two extended magazines” and transported them to New Jersey. Further, they were stopped in defendant’s car in the vicinity of his Trenton address. That evidence and the reasonable inferences that could be drawn therefrom demonstrated defendant’s “purpose to manufacture or otherwise assemble a firearm” in this state, satisfying the second element of Paragraph k.

We therefore discern no error in the DAG’s grand jury instruction that Paragraph k required the jurors to consider two elements, “the purchase and the intent to readily manufacture.” Having acknowledged the purchasing of ghost gun kits was legal in Pennsylvania, the DAG reasonably instructed the jury “the intent was in New Jersey because they brought the kits into New Jersey for the purpose of manufacturing them.”

Ghost guns have no serial numbers or identifying marks. They can be purchased and assembled without background checks. They are therefore difficult to trace.

Most states have no laws concerning ghost guns. California, Nevada, Colorado, Illinois, Maryland, Massachusetts, and Vermont require serial numbers and background checks for the components. Washington, Oregon, New York, Connecticut, Rhode Island, Delaware, and New Jersey require serial numbers, background checks for the components, and ban undetectable plastic and 3D printed guns.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
Daniel K
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Like clockwork thank you for all the info
Lee M
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P