Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.
Not law yet. Pending legislation.
Official status checked 2026-10-21 23:46 PT
NY Assembly (Eichenstein)
Bill summary
Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.
Now vs if chaptered
NOW: referred to Codes; not law. IF CHAPTERED: Art. 265 'use of' listed weapons becomes a cash-bail and revocation predicate, including 72-hour sheriff hold pending the revocation hearing.
Defender utility
NY PDs on arraignment/bail calendars: if this chapters, fight the 'involving the use of' hook — mere possession is not automatically 'use.' Distinguish CPW 3rd 265.02(3) (already qualifying) from a ghost-gun or AWB possession that the People try to bootstrap into cash bail. Not present law; not a California charge.
Who this is for. NY PDs on arraignment/bail calendars — pending Art. 265 'use' qualifying-offense expansion, not present law; not a California charge.
Penalties (if chaptered)
No new Penal Law count. Bail/revocation consequence only.
Bank hints
- bail
- ghost-gun
- AWB