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NY S07642
Bill
Status
8/23/2023
Primary Sponsor
Luis Sepulveda
Click for details
AI Summary
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Creates new crime of possessing a firearm, rifle, or shotgun outside the home while intoxicated, impaired by drugs/alcohol, or with blood-alcohol content of 0.08% or higher, classified as a class A misdemeanor with maximum fine of $10,000.
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Establishes field breath testing and chemical testing procedures for persons brandishing, displaying, or using firearms in violation of this law, with results admissible in prosecutions.
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Authorizes police to request court orders compelling chemical testing when a firearm was used to injure or kill someone and reasonable cause exists to believe impaired possession occurred.
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Permits firearms licensing authorities to suspend or revoke licenses upon refusal to submit to chemical testing, regardless of criminal conviction outcome.
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Repeals existing subdivision 3 of section 265.01 relating to criminal possession of a weapon in the fourth degree and renumbers subsequent subdivisions accordingly.
Legislative Description
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.
Last Action
REFERRED TO CODES
1/3/2024