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New York · 2025-2026 General Assembly
A01824Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.
Direction
FirearmsotherAI label
↓Restricts gun accessmodel confidence 80%
Adds certain charges of criminal possession of a weapon in the third degree to the list of qualifying offenses that must be considered when deciding on orders of recognizance, release under non-monetary conditions, or bail, making pretrial detention more likely for those firearm possession charges.
(u) criminal possession of a weapon in the third degree as defined in subdivision two or three of section 265.02 of the penal law or criminal sale of a firearm to a minor as defined in section 265.16 of the penal law.
Why the model tagged it this way: The bill amends Criminal Procedure Law § 530.40(4)(u) to expand the list of qualifying offenses for pretrial release considerations to include specific criminal possession of a weapon in the third degree charges (and sale to a minor). This is a firearms topic because it directly concerns charges under Penal Law § 265.02 for weapon possession; the change makes pretrial release less available for these offenses, which restricts the axis of firearm access/possession by increasing the likelihood of detention for those charged.
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