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

Section 2 defines drug as the Vehicle and Traffic Law does in sections pertaining to driving while impaired by drug use.

Section 3 amends §265.01 of the Penal Law to make the language gender neutral and further adds a new subdivision (9), which defines the class A misdemeanor of Criminal Possession of a Weapon in the Fourth Degree. The new subdivision applies to any person who possesses a gun outside his or her home while in such condition that he or she would not be allowed to drive under the NYS Vehicle and Traffic Law. Specifically, the Law covers possessing a handgun, rifle, or shotgun when one's ability to safely do so is impaired by alcohol and/or drugs, or while over .08 percent blood alcohol content. This new crime does not apply to conduct in one's own home.

Section 4 of the bill amends various paragraphs of section 265.20(a) of the Penal Law to specify that the prohibition on carrying a gun while drunk applies equally to holders of firearms licenses and to other protected classes of people who cannot be charged with criminal possession of a weapon under current laws.

Section 5 of the bill adds two new sections, 265.45 and 265.50, to the Penal Law so that police can enforce the new ban on carrying guns while drunk with breathalyzers and other chemical tests, just as they can require such tests of drivers who commit moving violations or are involved in accidents. Someone who carries a gun in a hunting area or shooting range will be subject to field testing only if they appear to be drunk and thus committing the new crime. In some cases refusal to take such a test could lead to suspension or revocation of a firearms license, as it can lead to suspension or revocation of a driver's license. Section 265.50 states that the results of a test will be admissible in the same way that they would be admissible in a DUI case under the current Vehicle and Traffic Law, including setting out presumptions about what blood alcohol levels lead to impairment.

Section 6 of the bill makes conforming changes to section 400.00 of the Penal Law, which governs firearms licenses.

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

Justification

Over 30,000 Americans die every year as a result of gun violence - an average of 35 per day. The mixture of guns and alcohol can be a deadly combination. This legislation is designed to prevent people from carrying guns while they are intoxicated by alcohol or drugs, which increases the risks of intentional violence, accident, and suicide. Without infringing on existing rights to have a gun, the bill sends a clear message that people who intend to go drinking should leave their guns at home. This legislation will prohibit people from carrying guns if their level of intoxication would prohibit them from driving under the law. It will apply to individuals whose blood alcohol content exceeds .08 percent or whose ability to safely possess a gun is actually impaired by alcohol or drugs. Police officers will use common-sense factors like staggering, slurred speech, smell of alcohol, and the results of field sobriety tests to determine who is and who is not impaired. In cases of accident, gun crime, or other suspicious behavior, they can require breath or other chemical testing. In all these ways, the bill parallels provisions of existing law that ban driving under the influence of alcohol or drugs and that allow mandatory testing of drivers.

The legislation does not regulate gun possession or drinking within one's own home.

Violation of this law will be a Class A misdemeanor punishable by one year in jail and a $10,000 fine.

Most other states already restrict gun carrying by people who are drunk or have drinking problems. At least twenty have laws similar to this bill that ban carrying of guns while drunk. For example, Missouri makes it a misdemeanor to possess a gun while "substantially impaired" by any substance, or a felony if the gun is loaded.

Prior legislative history

None.

Fiscal implications

This legislation will not impose new costs on the State of New York.

Effective date

The act will take effect 180 days after the bill is enacted.