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.
NY Assembly (Eichenstein)
Bill summary
Official digest is not on this card.
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