Amd SS80.05, 265.00, 265.01, 265.20 & 400.00, add SS265.50 & 265.55, rpld S265.01 sub 3, Pen L
Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a firearm, rifle or shotgun, outside the home, while impaired or intoxicated by use of alcohol or drugs; increases maximum fine for such offense to $10,000; provides for chemical testing of certain persons for whom there is reasonable cause to believe are in violation of such provision; provides for revocation of firearms permit upon conviction or refusal of a chemical test.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5663
SPONSOR: Titone TITLE OF BILL: An act to amend the penal law, in relation to
possession of a firearm, rifle or shotgun while under the influence of
alcohol or drugs; and to repeal subdivision 3 of section 265.01 of such
law relating to criminal possession of a weapon in the fourth degree
PURPOSE: The measure prohibits individuals from carrying guns if their
level of intoxication would make it unlawful to operate a motor vehicle
under the law.
SUMMARY OF PROVISIONS:
Section 1: provides that carrying a gun while drunk will be punishable
by a fine of up to $10,000 as well as the other penalties applicable to
an A misdemeanor.
Section 2 defines drug as the Vehicle and Traffic Law does in sections
pertaining to driving while impaired by drug use.
Section 3: Makes a technical amendment.
Section 4: 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 abili-
ty 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 5: 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 6: Adds two new sections, 265.50 and 265.55, to the Penal Law so
that police can enforce the new ban on carrying guns while intoxicated
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 7: Makes conforming changes to section 400.00 of the Penal Law,
which governs firearms licenses.
Section 8: This bill becomes effective 180 days after it has been
enacted into law.
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 consume alcoholic beverages in
public or private places should leave their guns at home.
This legislation will prohibit people from carrying guns if their level
of intoxication would prohibit them from operating a motor vehicle 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 driv-
ers.
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: Same as S.6773-A of 2010 - On Senate
Calendar in 2010 Same as S. 1679-A / A. 5268-A of 2011/2012 - Referred
to Senate Codes Committee
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.
