Defense Brief Motion Bank (dev)

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NY S 04277 2025-2026 senate

Relates to prohibiting the possession of certain 50 caliber firearms; directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning in such weapons to a designated officer.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Kavanagh

Bill summary

Official digest is not on this card.

Now vs if chaptered

NOW: not law; no §265.02(11) 50-caliber possessory count. IF CHAPTERED: CPW 3rd class D felony for possessing a defined 50 caliber weapon; manufacture/transport class D under §265.10; State Police reimbursement program for turn-in.

Defender utility

NY PDs on CPW 3rd calendars: pending possessory ban, not present law. Do not treat a .50-class rifle as §265.02(11) today. If chaptered, litigate the definition (caliber vs 12,000 ft-lb vs "copy or duplicate"), grandfather/buyback timing, and whether the rifle is actually a 50 caliber weapon. Assembly twin A 08853. AWB-adjacent challenge vehicle. Not a California charge.

Who this is for. NY PDs on CPW 3rd / .50-class rifle calendars — pending 50 Caliber Threat Reduction Act, not present law; not a California charge.

Exemptions (draft)

If chaptered: listed §265.20 possessory exemptions as amended; reimbursement program for persons currently in lawful possession who turn in the weapon.

Penalties (if chaptered)

If chaptered: possession CPW 3rd, class D felony; manufacture/transport of a 50 caliber weapon class D felony under §265.10. Not a current count.

S-04277 New-York 50-caliber AWB CPW-3rd 265.02 class-D-felony buyback A-08853-twin not-chaptered challenge-vehicle