Defense Brief Motion Bank

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NY S 01273 2025-2026 senate

Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

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

Gianaris

Bill summary

Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

Now vs if chaptered

NOW: not law; open long-gun carry is not CPW 4th under this subdivision. IF CHAPTERED: class A misdemeanor CPW 4th for openly carrying a rifle or shotgun, with §265.20(f) exemptions.

Defender utility

NY PDs on CPW 4th calendars: this is a pending open-carry long-gun count, not present law. Do not treat a visible rifle or shotgun in public as §265.01(12) today. If chaptered, litigate visibility ("any portion thereof"), place, and the §265.20(f) exemptions before conceding the new subdivision. No same-as Assembly twin. Not a California charge.

Who this is for. NY PDs on CPW 4th / visible long-gun calendars — pending open-carry subdivision, not present law; not a California charge.

Exemptions (draft)

If chaptered: NY military when authorized; police officers (CPL 1.20(34)); peace officers (CPL 2.10); U.S. military in official duty; and other listed §265.20(f) paths including authorized hunting as drafted.

Penalties (if chaptered)

If chaptered: CPW 4th, class A misdemeanor. Not a current count.

S-01273 New-York open-carry rifle shotgun CPW-4th 265.01 class-A-misd not-chaptered challenge-vehicle