1. (1) A person convicted of a felony, where the person had a ghost gun in the person's possession or threatened its use or used the ghost gun while engaged in the commission of the felony, whether the ghost gun was loaded or not, may in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
2. (a) For murder in the second degree and attempted murder in the second degree—up to fifteen years;
3. (b) For a class A felony—up to ten years;
4. (c) For a class B felony—up to five years; and

5. (d) For a class C felony—up to three years.

   The sentence of imprisonment for a felony involving the use of a ghost gun as provided in this section shall not be subject to the procedure for determining minimum term of imprisonment prescribed under section 706-669; provided that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon the expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).

6. (2) A person convicted of a second or subsequent ghost gun felony offense as provided in subsection (1), where the person had a ghost gun in the person's possession or threatened its use or used the ghost gun while engaged in the commission of the felony, whether the ghost gun was loaded or not, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
7. (a) For murder in the second degree and attempted murder in the second degree—twenty years;
8. (b) For a class A felony—thirteen years, four months;
9. (c) For a class B felony—six years, eight months; and

10. (d) For a class C felony—three years, four months.

    The sentence of imprisonment for a second or subsequent felony offense involving the use of a ghost gun as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).

11. (3) Any person convicted of a ghost gun felony offense as provided in subsection (1) who has previously been convicted of a felony offense involving the use of a firearm under section 706-660.1, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
12. (a) For murder in the second degree and attempted murder in the second degree—twenty years;
13. (b) For a class A felony—thirteen years, four months;
14. (c) For a class B felony—six years, eight months; and

15. (d) For a class C felony—three years, four months.

    The sentence of imprisonment as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).

16. (4) In this section:

    "Firearm" has the same meaning defined in section 134-1.

    "Ghost gun" has the same meaning defined in section 134-1.

[L 2025, c 18, §2]

COMMENTARY ON §706-660.5

Act 18, Session Laws 2025, added this section to establish mandatory minimum sentencing for use of a ghost gun in the commission of a felony. The legislature found that ghost guns posed a significant threat to public safety in the State. Ghost guns are firearms that lack serial numbers and can be assembled from kits or created using 3D printers, making them virtually untraceable by law enforcement. Without serial numbers or registration requirements, ghost guns allow individuals who would otherwise be prohibited from legally purchasing firearms to circumvent background checks and obtain firearms that cannot be traced. The legislature further found that the existence of unregistered ghost guns created a dangerous gap in firearms regulations in the State and that additional legal mechanisms were necessary to address this emerging threat to public safety. Accordingly, the establishment of mandatory minimum sentences for using ghost guns in felony offenses would serve as both a deterrent and an appropriate punishment for those who use these weapons to commit serious crimes. Senate Standing Committee Report No. 1370.