Establishes procedure for the suspension and revocation of license to carry and possess firearm if carrying while under the influence of alcohol or drugs

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 voluntar- ily used one or more controlled substances, or both, to the extent that his ability to safely handle or use a loaded firearm has been signif- icantly diminished.

Paragraph (b) of subdivision 11-a deems suspended, pending a hearing, the tirearms 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 detennining the alcoholic and/or drug content of a person's blood. Para- graph (b) authorizes the confiscation of such firearm(s) by police pend- ing the suspension hearing.

Paragraph (c) of subdivision 11-a provides that a person who holds a license to can) 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 confis- cated 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 weap- ons 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 regard- ing 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 tempo- rarily detain a person whom such officer reasonably believes is in violation of this section for the sole purpose of administering a chemi- cal test to determine whether the person is under the influence of alco- hol 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-s 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 obtain- ing 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.650 of 2011 01/05/11 REFERRED TO CODES 01/04/12 REFERRED TO CODES 01/09/13 REFERRED TO CODES 01/08/14 REFERRED TO CODES

Fiscal implications for state and local governments

None.

Effective date

First day of November next succeeding the date on which it shall have become a law.