Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a weapon, outside the home, while intoxicated

Summary of provisions

Section 1 amends subdivision 1 of §80.05 of the penal law to add gun possession while intoxicated to the definition of a class A misdemeanor punishable by up to one year in jail and a fine not to exceed $10,000.

Section 2 adds a new subdivision 24 to §265.00 of the penal law to define the word "drug" as any controlled substance listed in section 3306 of the public health law.

Section 3 amends §265.01 of the penal law to make the language gender neutral and further adds a new subdivision (9), possession of a firearm, rifle or shotgun outside of a person's home, to the definition of crimi- nal possession of a weapon in the fourth degree. A person shall not possess a firearm, rifle or shotgun while he or she is in an intoxicated condition, has a blood alcohol content (BAC) of .08 or more, or if his/her ability to safely possess such firearm, rifle or shotgun is impaired by the consumption of drugs and/or alcohol.

Section 4 amends paragraph 3 of subdivision a of §265.20 of the penal law to clarify that possession of a valid firearm license does not preclude a conviction for carrying a gun while intoxicated, also known as "CWI."

Section 5 adds two new sections 265.45 and 265.50 to the penal law:

§265.45 allows police to require breath or other chemical tests for alcohol and drugs when people commit the crime of CWI and establishes procedures for hearings and court ordered chemical tests when necessary. In some instances, refusal to submit to such tests may lead to suspen- sion or revocation of a firearms license.

§265.50 establishes guidelines for using chemical tests as evidence of CWI, including an interpretation of various blood alcohol content "(BAC) levels to determine impairment and intoxication.

Section 6 makes conforming changes to §400.00 of the penal law governing firearm licenses.

Section 7 requires that this law take effect 180 days after the bill is enacted.

Justification

Over 30,000 Americans die from gun violence each year - an average of 35 per day. The mixture of guns, alcohol and/or drugs is a

dangerous combination. This legislation is designed to prevent people from carrying guns while they are drunk or high, which increases the risk of intentional violence, accidents, and suicide. The bill sends the clear message that people who intend to go drinking should leave their guns at home.

According to the National Conference of state Legislatures (NCSL), at least 20 states prohibit gun possession while under the influence of drugs and/or alcohol. A recent survey conducted by David Randolph Smith Law Firm further revealed that 24 states expressly prohibit carrying loaded guns in establishments that serve alcohol. While New York State law prohibits the carrying of firearms on education grounds and school buses, it currently does not have a gun statute that directly relates to the consumption of drugs and/or alcohol.

Several case studies as well as a recent review of State Liquor Authori- ty (SLA) records on shootings in bars highlight the dreadful conse- quences that are likely to arise when normally level-headed and controlled gun owners lose their calm after consuming alcohol. Mirrored after New York's drunk driving laws, this legislation intends to enhance public safety in drinking establishments and other areas by prohibiting the possession of a gun while under the influence of drugs and/or alco- hol.

The bill authorizes police officers to require breathalyzers and other testing of suspected offenders under circumstances analogous to proce- dures used for drivers. It will apply to those individuals whose blood alcohol content (RAC) exceeds .08 percent or whose ability to safely handle a gun is impaired by the use of alcohol and/or drugs. Police officers will use commonsense factors like staggering, slurred speech, the smell of alcohol, and the results of field sobriety tests to deter- mine who is impaired and who is not.

Also known as "carrying-while-intoxicated" - or C.W.I. - the infraction will carry a class A misdemeanor, which may accompany a fine of up to $10,000 and provide grounds for firearms license suspension or revoca- tion.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

180 days after the bill is enacted.