Bill > A00105

This bill expands the legal definition of criminal possession of a weapon in the fourth degree to include possessing a firearm, rifle, or shotgun outside of one's home while impaired or intoxicated by alcohol or drugs. The bill increases the maximum fine for this offense to $10,000 and provides a comprehensive framework for chemical testing of individuals suspected of violating this provision. Specifically, the bill allows law enforcement to request breath, blood, urine, or saliva tests to determine alcohol or drug content when a person is possessing a firearm outside their home. If a person refuses such a test, their firearms permit may be suspended or revoked. The legislation defines specific blood alcohol content levels and their implications, creating a tiered approach to determining impairment. For example, a blood alcohol content of 0.05% or less is considered prima facie evidence that a person was not impaired, while levels of 0.07% or higher provide stronger evidence of potential impairment. The bill also establishes detailed procedures for obtaining court-ordered chemical tests in cases involving potential weapon-related incidents, including specific protocols for how such tests should be administered and what protections are in place for medical personnel conducting the tests. The law is set to take effect 180 days after becoming law, allowing time for implementation and preparation by relevant authorities.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A105