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- Referred to codes
- Referred to codes
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Sponsor's memo
BILL NUMBER:S650
Title of bill
An act to amend the penal law and the executive law, in relation to the possession of a firearm while under the influence of alcohol or drugs
Purpose or general idea of bill
This bill provides for the suspension of a firearm license for up to a one year period where the licensee is found to be under the influence of alcohol or a controlled substance while in possession of a loaded firearm in a public place or where the licensee refuses to submit to a chemical test by a police officer who has reasonable grounds to believe that such a violation has occurred.
Read the full memo (894 words)
Summary of specific provisions
Section 1 contains a declaration of legislative intent.
Section 2 amends section 400.00(1) of the penal law to make a person whose firearm license is under suspension for possessing a firearm in a public place while under the influence of alcohol or drugs ineligible for the issuance or renewal of a firearm license.
Section 3 amends section 400.00(11) of the penal law to revoke the firearms license of a person who has a second violation for the possession of a firearm while under the influence of alcohol or drugs within 10 years of a prior violation.
Section 4 adds a new subdivision 11-a to section 400.00 of the penal law.
Paragraph (a) of subdivision 11-a provides that no licensee of firearms shall possess any loaded firearm on his person in a public place while such licensee is either under the influence of alcohol or under the influence of a controlled substance. A person is considered under the influence or alcohol or under the influence of a controlled substance when the person has voluntarily consumed alcohol or voluntarily used one or more controlled substances, or both, to the extent that his ability to safely handle or use a loaded firearm has been significantly diminished.
Paragraph (b) of subdivision 11-a deems suspended, pending a hearing, the firearms license with respect to any firearm(s) which form the basis of a charge of possessing a firearm while under the influence of alcohol or drugs or a refusal to submit to a chemical test for the purpose of determining the alcoholic and/or drug content of a person's blood. Paragraph (b) authorizes the confiscation of such firearm(s) by police pending the suspension hearing.
Paragraph (c) of subdivision 11-a provides that a person who holds a license to carry or possess a firearm impliedly consents to a chemical test of his breath, blood, urine or saliva to determine the alcoholic and/or drug content of his blood where a police officer has reasonable grounds to believe that the person possesses a loaded firearm while under the influence of alcohol or drugs.
Paragraph (d) of subdivision 11-a sets forth the license suspension hearing requirements. Hearings are to be conducted within 7 days of the alleged violation before the appropriate licensing officer, or, if the hearing is not held within 7 days, the license of the person must be reinstated and any lawfully possessed firearms and ammunition confiscated by the police must be returned pending a hearing. If the licensee is found to be in violation of possessing a firearm while under the influence of alcohol or drugs, the licensing officer must immediately suspend the person's license for a period not exceeding one year and the person must surrender his license, any amendment thereto, and any weapons held pursuant to such license. Persons whose license is suspended must successfully complete, as a condition for reinstatement of a firearms license, an alcohol and/or drug rehabilitation program.
Paragraph (f) of subdivision 11-a contains evidentiary standards regarding the use of blood-alcohol tests applicable in a suspension hearing.
Paragraph (h) of subdivision 11-a provides for the right to appeal the decision made at a hearing.
Paragraph (i) of subdivision 11-a authorizes a police officer to temporarily detain a person whom such officer reasonably believes is in violation of this section for the sole purpose of administering a chemical test to determine whether the person is under the influence of alcohol or drugs.
Section 5 Amends section 400.00(15) of the penal law to clarify that possession of a firearm while under the influence of alcohol or drugs is not, in and of itself, a crime.
Section 6 adds a new section 837-m to the executive law to establish the alcohol and drug rehabilitation program required of all persons found to be under the influence of alcohol or drugs ,while in possession of a loaded firearm, which program must be completed in order to reinstate the person's firearms license.
Justification
Individuals who have been granted the privilege by the state of obtaining a firearms license should not be permitted to abuse this privilege by possessing a firearm while under the influence of alcohol or drugs. Possessing a loaded firearm while intoxicated possesses a serious threat to the citizens of this state. Enactment of this legislation would decrease the possibility of an accidental or intentional discharge of a firearm by a person whose judgment is impaired by alcohol or drugs.
Legislative history
S.1899A of 2007 01/29/07 Referred to Codes S.132 of 2009 01/07/09 Referred to Codes 01/06/10 Referred to Codes
Fiscal implications for state and local governments
,in 0 None.
Effective date
First day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.