Bill > S05785

This bill modifies New York state law to create a new criminal offense of possessing a firearm, rifle, or shotgun outside one's home while impaired by alcohol or drugs. Specifically, the bill adds a new provision to the penal code that makes it a Class A misdemeanor to possess a firearm outside the home when: (1) in an intoxicated condition, (2) having a blood alcohol content of .08 or higher, (3) having an impaired ability to safely possess the weapon due to alcohol consumption, (4) having an impaired ability to safely possess the weapon due to drug use, or (5) having an impaired ability to safely possess the weapon due to combined alcohol and drug influence. The bill also increases the maximum fine for this offense to $10,000 and establishes detailed procedures for chemical testing of individuals suspected of violating this provision. Additionally, the bill provides for potential revocation of firearms permits for those who refuse chemical testing or are convicted of the offense. The legislation includes comprehensive provisions for how chemical tests can be requested, administered, and used as evidence, including court-ordered testing in certain circumstances involving injury or death. The new law aims to prevent individuals from possessing firearms while under the influence of alcohol or drugs, with the stated goal of enhancing public safety.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5785