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NY S05785
Bill
Status
3/3/2025
Primary Sponsor
Luis Sepulveda
Click for details
AI Summary
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Creates a new Class A misdemeanor for possessing a firearm, rifle, or shotgun outside the home while intoxicated, impaired by alcohol or drugs, or with a blood alcohol content of 0.08% or higher
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Increases the maximum fine for this offense to $10,000, compared to the standard $1,000 maximum for Class A misdemeanors
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Establishes chemical testing procedures (breath, blood, urine, or saliva) for individuals suspected of possessing firearms while impaired, similar to DUI testing protocols
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Requires implied consent to chemical testing for anyone possessing a firearm outside their home, with refusal resulting in potential suspension or revocation of firearms licenses
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Allows courts to issue compulsory chemical test orders when a person possessing a firearm is involved in an incident where another person was killed or physically injured and there is reasonable cause to believe intoxication was a factor
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
1/7/2026