What's happening
This bill expands bail eligibility to include any misdemeanor or felony involving the possession, display, or discharge of a firearm or similar weapon.
Why it matters
Expands judicial discretion for bail. By making any crime involving the possession, display, or discharge of a firearm (or similar weapon) bail-eligible, the bill gives judges more authority to detain individuals pretrial for a wider range of weapons-related offenses, including lower-level misdemeanors.
Responds to public safety concerns. The bill reflects legislative intent to address fears about gun violence and weapons possession by making it easier to hold those accused of such offenses before trial, potentially preventing further harm while cases are adjudicated.
Impacts on defendants’ rights and pretrial detention. The expansion could increase the number of people held in jail before trial, affecting those charged with nonviolent or first-time firearm-related misdemeanors, and raising concerns about fairness, due process, and the disproportionate impact on certain communities.
Signals shift in bail reform policy. This amendment rolls back aspects of recent bail reform laws in New York that sought to reduce pretrial incarceration for most misdemeanors and nonviolent felonies, highlighting ongoing debate over balancing public safety with criminal justice reform.
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Who cares
People charged with gun-related offenses
The bill would make any Penal Law misdemeanor or felony involving possession, display or discharge of the listed guns eligible for bail.
District attorneys
Prosecutors could seek bail for covered gun-related charges without relying on the existing qualifying-offense categories.
Criminal court judges
The bill would expand the gun-related offenses for which judges could set bail, without requiring them to do so.
Public defenders and criminal defense attorneys
They would represent clients facing potential bail on gun-related charges that do not currently qualify.
Headline styles
Make Gun Crimes Bail-Eligible
Plain English, a few words. Used as the page title.
Sponsors
25 Co-sponsors
- Jeff Gallahan
- Josh Jensen
- David McDonough
- Jerett Gandolfo
- Edward Ra
- Keith Brown
- Doug Smith
- Joe Angelino
- Michael Durso
- Angelo J. Morinello
- Mike Reilly
- John Lemondes
- Matthew Simpson
- Michael Tannousis
- Philip Palmesano
- Mary Beth Walsh
- Karl Brabenec
- Lester Chang
- Jake Ryan Blumencranz
- Alec Brook-Krasny
- Michael Novakhov
- Patrick Chludzinski
- Chris Tague
- Daniel Norber
- Andrea Bailey
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
632
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. BARCLAY, GALLAHAN, JENSEN, McDONOUGH, GANDOLFO, RA, K. BROWN, SMITH, ANGELINO, DURSO, MORINELLO, REILLY, LEMONDES, SIMPSON, TANNOUSIS, PALMESANO, WALSH, BRABENEC, CHANG, BLUMENCRANZ, BROOK-KRASNY, NOVAKHOV -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the criminal procedure law, paragraph (t) as amended and paragraph (u) as added by section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended and a new paragraph (v) is added to read as follows:
(t) any felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, where such charge arose from conduct occurring while the defendant was released on [his or her] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a qualifying offense as defined in this subdivision. For the purposes of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00133-01-5
paragraph, "harm to an identifiable person or property" shall include but not be limited to theft of or damage to property. However, based upon a review of the facts alleged in the accusatory instrument, if the court determines that such theft is negligible and does not appear to be in furtherance of other criminal activity, the principal shall be released on [his or her] their own recognizance or under appropriate non-monetary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in subdivision 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[.]; or
(v) any misdemeanor or felony offense as defined in the penal law involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun.
§ 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law, subparagraph (xx) as amended and subparagraph (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the laws of 2022, are amended and a new subparagraph (xxii) is added to read as follows:
(xx) any felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law where such charge arose from conduct occurring while the defendant was released on [his or her] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a qualifying offense as defined in this subdivision. For the purposes of this paragraph, "harm to an identifiable person or property" shall include but not be limited to theft of or damage to property. However, based upon a review of the facts alleged in the accusatory instrument, if the court determines that such theft is negligible and does not appear to be in furtherance of other criminal activity, the principal shall be released on [his or her] their own recognizance or under appropriate non-monetary conditions; [or]
(xxi) criminal possession of a weapon in the third degree as defined in subdivision 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[.]; or
(xxii) any misdemeanor or felony offense as defined in the penal law involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun.
§ 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the criminal procedure law, paragraph (t) as amended and paragraph (u) as added by section 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended and a new paragraph (v) is added to read as follows:
(t) any felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, where such charge arose from conduct occurring while the defendant was released on [his or her] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a qualifying offense as defined in this subdivision. For the purposes of this paragraph, "harm to an identifiable person or property" shall include but not be limited to theft of or damage to property. However, based upon a review of the facts alleged in the accusatory instrument, if the court determines that such theft is negligible and does not appear to be in furtherance of other criminal activity, the principal shall be released on [his or her] their own recognizance or under appropriate non-monetary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in subdivision 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[.]; or
(v) any misdemeanor or felony offense as defined in the penal law involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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