Defense Brief Motion Bank (dev)

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NY A 04085 2025-2026 assembly

Requires persons possessing any firearm to hold a firearms safety certificate; establishes application and training process therefor.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Asm. Brian Cunningham

Bill summary

Official digest is not on this card.

Now vs if chaptered

Now: CPW 4th does not require a firearms safety certificate. If chaptered: possess-without-cert is a class A misdemeanor under 265.01 plus a 400.15 application/training process. Confirm chaptering before advising.

Defender utility

New York defenders: there is no statewide 'possess any firearm only with a safety certificate' count today. If this chapters, a no-cert possess becomes CPW 4th — demand proof of a firearm (not a long-gun carve-out if any survives), no valid §400.15 certificate, and the charge date. Portable analogue to CA FSC / SB 948 / AB 1187 calendars; still New York elements. Not a current charge.

Who this is for. NY PDs on CPW 4th / unlicensed-possess calendars — pending safety-certificate element, not present law; not a California charge.

Penalties (if chaptered)

If chaptered: CPW 4th remains a class A misdemeanor; the new element is lack of a §400.15 certificate.

A-04085 New-York safety-certificate CPW-4th 265.01 400.15 S-00658-twin not-chaptered challenge-vehicle