Defense Brief Motion Bank

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NY A 02233 2025-2026 assembly

Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

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

Simon

Bill summary

Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to themself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if such judge determines that it would be appropriate to do so.

Now vs if chaptered

NOW: not law; a 730 / mental-exam custody is not a §400.05(7) firearm surrender plus 30-day cooling-off hold. IF CHAPTERED: police must take firearms on that custody and may hold them 30 days after psychiatric discharge, subject to judicial early return.

Defender utility

NY PDs on 730 / psych-hold and gun-seizure calendars: pending extra-statutory surrender and 30-day cooling-off hold, not present law. Do not treat a 730 hold as automatic §400.05(7) seizure today. If chaptered, litigate custody predicate, "firearms" vs rifles/shotguns, duration of the cooling-off hold, and the early-return motion. ERPO-adjacent challenge vehicle. No same-as Senate twin. Not a California charge.

Who this is for. NY PDs on 730 / psych-hold gun-seizure calendars — pending 30-day cooling-off hold, not present law; not a California GVRO.

Exemptions (draft)

If chaptered: a judge of the local jurisdiction may order early return if appropriate. Limited to "firearms" as defined in §265.00(3) on the face of the print.

Penalties (if chaptered)

Pending surrender/hold overlay, not a new possessory street count on the face of the print. Not present law.

A-02233 New-York ERPO psych-hold 730 surrender cooling-off 400.05 not-chaptered challenge-vehicle