Ban Guns While Intoxicated

Section 1. Subdivision 1 of section 80.05 of the penal law, as amended by chapter 669 of the laws of 1984, is amended to read as follows:

1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however, that a sentence imposed for a violation of:

(a) section 215.80 of this chapter may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the commission of the crime; and

(b) subdivision nine of section 265.01 of this chapter may include a fine, fixed by the court, not exceeding ten thousand dollars.

§ 2. Section 265.00 of the penal law is amended by adding a new subdivision 26 to read as follows:

26. "Drug" means any controlled substance listed in section thirtythree hundred six of the public health law.

§ 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.

§ 4. Subdivisions 4, 5, 6, 7 and 8 of section 265.01 of the penal law, as amended by chapter 1 of the laws of 2013, are amended and a new subdivision 9 is added to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09154-01-7

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(4) He or she possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or

(5) He or she possesses any dangerous or deadly weapon and is not a citizen of the United States; or

(6) He or she is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00 of this article, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction[.]; or

(7) He or she knowingly possesses a bullet containing an explosive substance designed to detonate upon impact[.]; or

(8) He or she possesses any armor piercing ammunition with intent to use the same unlawfully against another[.]; or

(9) (a) He or she possesses a firearm, rifle or shotgun outside of his or her home while:

(i) he or she is in an intoxicated condition; or

(ii) he or she has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to section 265.50 of this article; or

(iii) his or her ability to safely possess such firearm, rifle or shotgun is impaired by consumption of alcohol; or

(iv) his or her ability to safely possess such firearm, rifle or shotgun is impaired by use of any drug; or

(v) his or her ability to safely possess such firearm, rifle or shotgun is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

(b) A person may be convicted of a violation of subparagraph (i), (ii) or (iii) of paragraph (a) of this subdivision, notwithstanding that the charge laid before the court alleged a violation of subparagraph (i) or (ii) of paragraph (a) of this subdivision, and regardless of whether or not such conviction is based on a plea of guilty.

§ 5. Paragraphs 3, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10, 12, 13 and 13-a of subdivision a of section 265.20 of the penal law, paragraph 3 as amended and paragraph 7-f as added by chapter 1 of the laws of 2013, paragraph 4 as amended by section 10 of part EE of chapter 55 of the laws of 2014, paragraph 5 as amended by chapter 235 of the laws of 2007, paragraph 7 as amended by chapter 180 of the laws of 1998, paragraph 7-a as amended by chapter 210 of the laws of 1999, paragraph 7-b as amended by chapter 511 of the laws of 2014, paragraph 7-e as amended by chapter 281 of the laws of 2006, paragraph 8 as amended by chapter 61 of the laws of 2010, paragraphs 9 and 10 as amended by chapter 1041 of the laws of 1974, paragraph 9-a as amended by chapter 608 of the laws of 1984, paragraph 12 as added by chapter 90 of the laws of 1979, paragraph 13 as amended by chapter 150 of the laws of 1988 and paragraph 13-a as added by chapter 370 of the laws of 1986, are amended to read as follows:

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3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter or possession of a weapon as defined in paragraph (e) or (f) of subdivision twenty-two of section 265.00 of this article which is registered pursuant to paragraph (a) of subdivision sixteen-a of section 400.00 of this chapter or is included on an amended license issued pursuant to section 400.00 of this chapter. In the event such license is revoked, other than because such licensee is no longer permitted to possess a firearm, rifle or shotgun under federal or state law, information sufficient to satisfy the requirements of subdivision sixteen-a of section 400.00 of this chapter, shall be transmitted by the licensing officer to the state police, in a form as determined by the superintendent of state police. Such transmission shall constitute a valid registration under such section. Further provided, notwithstanding any other section of this title, a failure to register such weapon by an individual who possesses such weapon before the enactment of the chapter of the laws of two thousand thirteen which amended this paragraph and may so lawfully possess it thereafter upon registration, shall only be subject to punishment pursuant to paragraph (c) of subdivision sixteen-a of section 400.00 of this chapter; provided, that such a license or registration shall not preclude a conviction for [the] an offense defined in subdivision [three] nine of section 265.01 of this article or section 265.01-a of this article.

4. Possession of a rifle, shotgun, crossbow or longbow for use while hunting, trapping or fishing, by a person, not a citizen of the United States, carrying a valid license issued pursuant to section 11-0713 of the environmental conservation law; provided that such possession in accordance with this paragraph shall not preclude the application of the provision of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.

5. Possession of a rifle or shotgun by a person other than a person who has been convicted of a class A-I felony or a violent felony offense, as defined in subdivision one of section 70.02 of this chapter, who has been convicted as specified in subdivision four of section 265.01 of this article to whom a certificate of good conduct has been issued pursuant to section seven hundred three-b of the correction law; provided that such possession in accordance with this paragraph shall not preclude the application of the provision of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.

7. Possession, at an indoor or outdoor shooting range for the purpose of loading and firing, of a rifle or shotgun, the propelling force of which is gunpowder by a person under sixteen years of age but not under twelve, under the immediate supervision, guidance and instruction of (a) a duly commissioned officer of the United States army, navy, air force, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy, air force or marine corps, or by the adjutant general of this state, or by the national rifle association of America, a not-for-profit corporation duly organized under the laws of this state; or (c) a parent, guardian, or a person over the age of eighteen designated in writing by such parent or guardian who shall have a certificate of qualification in responsible hunting, including safety, ethics, and landowner relations-hunter relations, issued or honored by the department of environmental conservation; or (d) an agent of the department of environmental conservation appointed to conduct courses in

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responsible hunting practices pursuant to article eleven of the environmental conservation law; provided that such possession in accordance with this paragraph shall not preclude the application of the provisions of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.

7-a. Possession and use, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by the national rifle association for the purpose of loading and firing the same, by a person duly licensed to possess a pistol or revolver pursuant to section 400.00 or 400.01 of this chapter of a pistol or revolver duly so licensed to another person who is present at the time; provided that such possession and use in accordance with this paragraph shall not preclude the application of the provisions of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.

7-b. Possession and use, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by the national rifle association for the purpose of loading and firing the same, by a person who has applied for a license to possess a pistol or revolver and pre-license possession of same pursuant to section 400.00 or 400.01 of this chapter, who has not been previously denied a license, been previously convicted of a felony or serious offense, and who does not appear to be, or pose a threat to be, a danger to himself or to others, and who has been approved for possession and use herein in accordance with section 400.00 or 400.01 of this chapter; provided however, (a) that such possession and use shall be of a pistol or revolver duly licensed to and shall be used under the supervision, guidance and instruction of, a person specified in paragraph seven of this subdivision [and provided further that], (b) such possession and use be within the jurisdiction of the licensing officer with whom the person has made application therefor or within the jurisdiction of the superintendent of state police in the case of a retired sworn member of the division of state police who has opted to make an application pursuant to section 400.01 of this chapter, and (c) such possession and use in accordance with this paragraph shall not preclude the application of the provisions of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.

7-e. Possession and use of a pistol or revolver, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by an association or organization described in paragraph [7-a] seven-a of this subdivision for the purpose of loading and firing the same by a person at least fourteen years of age but under the age of twenty-one who has not been previously convicted of a felony or serious offense, and who does not appear to be, or pose a threat to be, a danger to himself or herself or to others; provided however, that such possession shall be of a pistol or revolver duly licensed to and shall be used under the immediate supervision, guidance and instruction of, a person specified in paragraph seven of this subdivision; and provided, further, that such possession and use in accordance with this paragraph shall not preclude the application of the

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provisions of or a conviction of the offense defined in subdivision nine of section 265.01 of this article.