Defense Brief Motion Bank

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NY S 00478 2025-2026 senate

Relates to firearms; authorizes estate transfer of certain weapons to immediate family; relates to mental-health substantial-risk reports.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Official status checked 2026-10-21 23:47 PT

Sen. Oberacker

Bill summary

Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.

Now vs if chaptered

NOW: in Codes, not law. IF CHAPTERED: §400.03 repeal, a family-estate path for a pre-death §400.00(16-a) registration, and unspecified amendments to MHL §§9.46, 7.09, and 13.09.

Defender utility

NY PDs on assault-weapon registration, ammunition-seller, and MHL §9.46 calendars: an estate handoff and the §400.03 repeal are not defenses to a current count. Do not assume this bill narrows or expands §9.46 reporting until the amendment text is briefed. Not a California charge.

Who this is for. NY PDs on registered-assault-weapon and §9.46 calendars — pending estate-transfer and ammo-seller repeal, not present law; not a California charge.

Exemptions (draft)

If chaptered: new §265.00(22)(g)(vii) estate/intestacy path for a weapon validly registered under §400.00(16-a), still subject to paragraph (h).

S-00478 New-York AWB assault-weapon estate-transfer 265.00 400.03 ammunition 9.46 ERPO not-chaptered challenge-vehicle