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New York · 2025-2026 General Assembly
A02357Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.
Direction
FirearmsotherAI label
↓Restricts gun accessmodel confidence 80%
Gives courts discretion to set bail, release on recognizance, or detain defendants charged with certain firearm possession or weapon crimes without having to consider flight risk or use the least restrictive conditions, making pretrial detention for those charges more likely.
When the principal is charged with a crime as defined in article two hundred sixty-five of the penal law that involves a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon, the court may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or the court may commit the principal to the custody of the sheriff without considering the likelihood that the defendant will return for court or selecting the least restrictive means necessary to ensure their return to court.
Why the model tagged it this way: The bill amends multiple provisions of the criminal procedure law to expand the list of firearm- and weapon-related offenses that are excluded from certain presumptions favoring release on recognizance or non-monetary conditions, and explicitly authorizes courts to impose detention or bail for charges involving machine guns, assault weapons, ghost guns, etc., without regard to flight risk or least-restrictive-means requirements. This has no direct effect on the ability to buy, own, carry or make firearms (the firearms axis) but affects pretrial procedures for people already charged with such 2
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