S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5663
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2013
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on Codes
       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  crimi-
         nal possession of a weapon in the fourth degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 80.05 of the penal law, as amended
    2  by chapter 669 of the laws of 1984, is amended to read as follows:
    3    1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
    4  meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
    5  exceeding one thousand  dollars,  provided,  however,  that  a  sentence
    6  imposed for a violation of:
    7    (A)  section  215.80  of  this chapter may include a fine in an amount
    8  equivalent to double the value of the property unlawfully disposed of in
    9  the commission of the crime; AND
   10    (B) SUBDIVISION NINE OF SECTION 265.01 OF THIS CHAPTER MAY  INCLUDE  A
   11  FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS.
   12    S 2. Section 265.00 of the penal law is amended by adding a new subdi-
   13  vision 25 to read as follows:
   14    25.   "DRUG"   MEANS   ANY  CONTROLLED  SUBSTANCE  LISTED  IN  SECTION
   15  THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   16    S 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
   17    S 4. Subdivisions 2, 4, 5, 6, 7 and 8 of section 265.01 of  the  penal
   18  law,  as amended by chapter 1 of the laws of 2013, are amended and a new
   19  subdivision 9 is added to read as follows:
   20    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   21  stiletto,  imitation pistol, or any other dangerous or deadly instrument
   22  or weapon with intent to use the same unlawfully against another; or
   23    (4) He OR SHE possesses  a  rifle,  shotgun,  antique  firearm,  black
   24  powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
   25  has been convicted of a felony or serious offense; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03919-02-3
       A. 5663                             2
    1    (5) He OR SHE possesses any dangerous or deadly weapon and  is  not  a
    2  citizen of the United States; or
    3    (6)  He  OR  SHE  is  a  person who has been certified not suitable to
    4  possess a rifle or shotgun, as defined in subdivision sixteen of section
    5  265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
    6  shotgun upon the demand of a police officer. Whenever a person is certi-
    7  fied not suitable to possess a rifle or shotgun, a member of the  police
    8  department  to which such certification is made, or of the state police,
    9  shall forthwith seize any rifle or shotgun possessed by such  person.  A
   10  rifle  or  shotgun seized as herein provided shall not be destroyed, but
   11  shall be delivered to the headquarters of  such  police  department,  or
   12  state  police,  and  there  retained until the aforesaid certificate has
   13  been rescinded by the director or physician in charge, or other disposi-
   14  tion of such rifle or shotgun has been ordered or authorized by a  court
   15  of competent jurisdiction[.]; OR
   16    (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
   17  substance designed to detonate upon impact[.]; OR
   18    (8) He OR SHE possesses any armor piercing ammunition with  intent  to
   19  use the same unlawfully against another[.]; OR
   20    (9) (A) HE OR SHE POSSESSES A FIREARM, RIFLE OR SHOTGUN OUTSIDE OF HIS
   21  OR HER HOME WHILE:
   22    (I) HE OR SHE IS IN AN INTOXICATED CONDITION; OR
   23    (II)  HE OR SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL
   24  IN THE PERSON'S BLOOD AS SHOWN BY CHEMICAL  ANALYSIS  OF  SUCH  PERSON'S
   25  BLOOD,  BREATH, URINE OR SALIVA, MADE PURSUANT TO SECTION 265.50 OF THIS
   26  ARTICLE; OR
   27    (III) HIS OR HER ABILITY TO SAFELY  POSSESS  SUCH  FIREARM,  RIFLE  OR
   28  SHOTGUN IS IMPAIRED BY CONSUMPTION OF ALCOHOL; OR
   29    (IV) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT-
   30  GUN IS IMPAIRED BY USE OF ANY DRUG; OR
   31    (V)  HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT-
   32  GUN IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY
   33  DRUG OR DRUGS.
   34    (B) A PERSON MAY BE CONVICTED OF A VIOLATION OF SUBPARAGRAPH (I), (II)
   35  OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, NOTWITHSTANDING THAT  THE
   36  CHARGE  LAID BEFORE THE COURT ALLEGED A VIOLATION OF SUBPARAGRAPH (I) OR
   37  (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AND REGARDLESS OF WHETHER  OR
   38  NOT SUCH CONVICTION IS BASED ON A PLEA OF GUILTY.
   39    S  5. Paragraphs 3, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10, 12, 13
   40  and 13-a of subdivision a of section 265.20 of the  penal law, paragraph
   41  3 as amended and paragraph 7-f as added by chapter  1  of  the  laws  of
   42  2013,  paragraphs  4, 9 and 10 as amended by chapter 1041 of the laws of
   43  1974, paragraph 5 as amended by chapter 235 of the laws of  2007,  para-
   44  graph  7  as  amended by chapter 180 of the laws of 1998, paragraphs 7-a
   45  and 7-b as amended by chapter 210 of the laws of 1999, paragraph 7-e  as
   46  amended  by  chapter  281 of the laws of 2006, paragraph 8 as amended by
   47  chapter 61 of the laws of 2010, paragraph 9-a as amended by chapter  608
   48  of  the laws of 1984, paragraph 12 as added by chapter 90 of the laws of
   49  1979, paragraph 13 as amended by chapter 150 of the  laws  of  1988  and
   50  paragraph  13-a as added by chapter 370 of the laws of 1986, are amended
   51  to read as follows:
   52    3. Possession of a pistol or revolver by a person to  whom  a  license
   53  therefor  has  been issued as provided under section 400.00 or 400.01 of
   54  this chapter or possession of a weapon as defined in  paragraph  (e)  or
   55  (f) of subdivision twenty-two of section 265.00 of this article which is
   56  registered pursuant to paragraph (a) of subdivision sixteen-a of section
       A. 5663                             3
    1  400.00  of  this  chapter  or  is  included on an amended license issued
    2  pursuant to section 400.00 of this chapter. In the event such license is
    3  revoked, other than because such licensee  is  no  longer  permitted  to
    4  possess a firearm, rifle or shotgun under federal or state law, informa-
    5  tion  sufficient to satisfy the requirements of subdivision sixteen-a of
    6  section 400.00 of this chapter, shall be transmitted  by  the  licensing
    7  officer  to the state police, in a form as determined by the superinten-
    8  dent of state police. Such transmission shall constitute a valid  regis-
    9  tration  under such section. Further provided, notwithstanding any other
   10  section of this title, a failure to register such weapon by an  individ-
   11  ual who possesses such weapon before the enactment of the chapter of the
   12  laws  of  two  thousand thirteen which amended this paragraph and may so
   13  lawfully possess it thereafter upon registration, shall only be  subject
   14  to  punishment  pursuant  to  paragraph  (c) of subdivision sixteen-a of
   15  section 400.00 of this chapter; provided, that such a license or  regis-
   16  tration  shall not preclude a conviction for [the] AN offense defined in
   17  subdivision three OR NINE of section 265.01 of this article  or  section
   18  265.01-a of this article.
   19    4.  Possession  of  a rifle, shotgun or longbow for use while hunting,
   20  trapping or fishing, by a person, not a citizen of  the  United  States,
   21  carrying a valid license issued pursuant to section 11-0713 of the envi-
   22  ronmental  conservation law; PROVIDED THAT SUCH POSSESSION IN ACCORDANCE
   23  WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE  PROVISION
   24  OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION
   25  265.01 OF THIS ARTICLE.
   26    5.  Possession  of  a rifle or shotgun by a person other than a person
   27  who has been convicted of  a  class  A-I  felony  or  a  violent  felony
   28  offense, as defined in subdivision one of section 70.02 of this chapter,
   29  who  has  been  convicted  as  specified  in subdivision four of section
   30  265.01 OF THIS ARTICLE to whom a certificate of good  conduct  has  been
   31  issued  pursuant to section seven hundred three-b of the correction law;
   32  PROVIDED THAT SUCH POSSESSION IN ACCORDANCE WITH  THIS  PARAGRAPH  SHALL
   33  NOT  PRECLUDE THE APPLICATION OF THE PROVISION OF OR A CONVICTION OF THE
   34  OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.
   35    7. Possession, at an indoor or outdoor shooting range for the  purpose
   36  of  loading  and  firing, of a rifle or shotgun, the propelling force of
   37  which is gunpowder by a person under sixteen years of age but not  under
   38  twelve, under the immediate supervision, guidance and instruction of (a)
   39  a  duly commissioned officer of the United States army, navy, air force,
   40  marine corps or coast guard, or of the national guard of  the  state  of
   41  New York; or (b) a duly qualified adult citizen of the United States who
   42  has  been  granted a certificate as an instructor in small arms practice
   43  issued by the United States army, navy, air force or marine corps, or by
   44  the adjutant general of this state, or by the national rifle association
   45  of America, a not-for-profit corporation duly organized under  the  laws
   46  of  this  state;  or (c) a parent, guardian, or a person over the age of
   47  eighteen designated in writing by such parent or guardian who shall have
   48  a certificate of qualification in responsible hunting, including safety,
   49  ethics, and landowner relations-hunter relations, issued or  honored  by
   50  the  department  of  environmental  conservation; or (d) an agent of the
   51  department of environmental conservation appointed to conduct courses in
   52  responsible hunting practices pursuant to article eleven of the environ-
   53  mental conservation law; PROVIDED THAT  SUCH  POSSESSION  IN  ACCORDANCE
   54  WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS
   55  OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION
   56  265.01 OF THIS ARTICLE.
       A. 5663                             4
    1    7-a.  Possession and use, at an indoor or outdoor pistol range located
    2  in or on premises owned or occupied by a duly incorporated  organization
    3  organized  for  conservation  purposes or to foster proficiency in small
    4  arms or at a target pistol shooting competition under the auspices of or
    5  approved  by  the  national rifle association for the purpose of loading
    6  and firing the same, by a person duly licensed to possess  a  pistol  or
    7  revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
    8  pistol or revolver duly so licensed to another person who is present  at
    9  the  time; PROVIDED THAT SUCH POSSESSION AND USE IN ACCORDANCE WITH THIS
   10  PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF  OR  A
   11  CONVICTION  OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01
   12  OF THIS ARTICLE.
   13    7-b. Possession and use, at an indoor or outdoor pistol range  located
   14  in  or on premises owned or occupied by a duly incorporated organization
   15  organized for conservation purposes or to foster  proficiency  in  small
   16  arms or at a target pistol shooting competition under the auspices of or
   17  approved  by  the  national rifle association for the purpose of loading
   18  and firing the same, by a person  who  has  applied  for  a  license  to
   19  possess a pistol or revolver and pre-license possession of same pursuant
   20  to section 400.00 or 400.01 of this chapter, who has not been previously
   21  denied  a  license,  been  previously  convicted  of a felony or serious
   22  offense, and who does not appear to be, or pose a threat to be, a danger
   23  to himself or to others, and who has been approved  for  possession  and
   24  use  herein in accordance with section 400.00 or 400.01 of this chapter;
   25  provided however, (A) that such possession AND USE shall be of a  pistol
   26  or  revolver  duly  licensed to and shall be used under the supervision,
   27  guidance and instruction of, a person specified in  paragraph  seven  of
   28  this  subdivision  [and  provided further that], (B) such possession and
   29  use be within the jurisdiction of the licensing officer  with  whom  the
   30  person  has  made application therefor or within the jurisdiction of the
   31  superintendent of state police in the case of a retired sworn member  of
   32  the  division  of  state  police who has made an application pursuant to
   33  section 400.01 of this chapter, AND  (C)  SUCH  POSSESSION  AND  USE  IN
   34  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
   35  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
   36  OF SECTION 265.01 OF THIS ARTICLE.
   37    7-e.  Possession  and  use  of  a  pistol or revolver, at an indoor or
   38  outdoor pistol range located in or on premises owned or  occupied  by  a
   39  duly incorporated organization organized for conservation purposes or to
   40  foster proficiency in small arms or at a target pistol shooting competi-
   41  tion under the auspices of or approved by an association or organization
   42  described in paragraph [7-a] SEVEN-A of this subdivision for the purpose
   43  of  loading  and  firing the same by a person at least fourteen years of
   44  age but under  the  age  of  twenty-one  who  has  not  been  previously
   45  convicted of a felony or serious offense, and who does not appear to be,
   46  or  pose  a  threat  to be, a danger to himself OR HERSELF or to others;
   47  provided however, that such possession shall be of a pistol or  revolver
   48  duly  licensed  to  and  shall  be used under the immediate supervision,
   49  guidance and instruction of, a person specified in  paragraph  seven  of
   50  this subdivision; AND PROVIDED, FURTHER, THAT SUCH POSSESSION AND USE IN
   51  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
   52  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
   53  OF SECTION 265.01 OF THIS ARTICLE.
   54    7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
   55  device, that contains more than seven rounds  of  ammunition,  but  that
   56  does  not  have a capacity of or can readily be restored or converted to
       A. 5663                             5
    1  accept more than ten rounds of  ammunition,  at  an  indoor  or  outdoor
    2  firing  range  located  in  or  on  premises owned or occupied by a duly
    3  incorporated organization organized  for  conservation  purposes  or  to
    4  foster proficiency in arms; at an indoor or outdoor firing range for the
    5  purpose of firing a rifle or shotgun; at a collegiate, olympic or target
    6  shooting  competition  under the auspices of or approved by the national
    7  rifle association; or at an organized match sanctioned by  the  Interna-
    8  tional  Handgun  Metallic  Silhouette  Association;  PROVIDED  THAT SUCH
    9  POSSESSION AND USE IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT  PRECLUDE
   10  THE  APPLICATION  OF  THE  PROVISIONS  OF OR A CONVICTION OF THE OFFENSE
   11  DEFINED IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.
   12    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
   13  ons,  large  capacity  ammunition feeding devices, disguised guns, pilum
   14  ballistic knives, switchblade or gravity knives, billies  or  blackjacks
   15  as  merchandise,  or  as  a transferee recipient of the same for repair,
   16  lawful distribution or research and development, and  the  disposal  and
   17  shipment thereof direct to a regularly constituted or appointed state or
   18  municipal  police  department,  sheriff,  [policeman]  POLICE OFFICER or
   19  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
   20  county  jail or other institution for the detention of persons convicted
   21  or accused of crime or held as witnesses in criminal cases,  or  to  the
   22  military  service  of  this  state  or  of the United States; or for the
   23  repair and return of the same to the lawful possessor  or  for  research
   24  and development; PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND
   25  SHIPMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLI-
   26  CATION  OF  THE  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN
   27  SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE.
   28    9. The regular and ordinary  transport  of  firearms  as  merchandise,
   29  provided  that  the  person  transporting such firearms, where he OR SHE
   30  knows or has reasonable means of ascertaining what he OR SHE  is  trans-
   31  porting,  notifies  in  writing the police commissioner, police chief or
   32  other law enforcement officer performing such functions at the place  of
   33  delivery,  of  the  name  and  address of the consignee and the place of
   34  delivery, and withholds delivery to the consignee  for  such  reasonable
   35  period of time designated in writing by such police commissioner, police
   36  chief  or other law enforcement officer as such official may deem neces-
   37  sary for investigation as to whether the consignee may lawfully  receive
   38  and  possess  such  firearms,  PROVIDED, FURTHER, THAT SUCH TRANSPORT IN
   39  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
   40  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
   41  OF SECTION 265.01 OF THIS ARTICLE.
   42    9-a. a. Except as provided in [subdivision] SUBPARAGRAPH b [hereof] OF
   43  THIS PARAGRAPH, the regular and ordinary transport of pistols or  revol-
   44  vers  by  a  manufacturer  of  firearms to whom a license as a dealer in
   45  firearms has been issued pursuant to section 400.00 of this chapter,  or
   46  by  an  agent or employee of such manufacturer of firearms who is other-
   47  wise duly licensed to carry a pistol or revolver and who is duly author-
   48  ized in writing by such manufacturer of firearms to transport pistols or
   49  revolvers on the date or dates specified, directly between places  where
   50  the  manufacturer  of firearms regularly conducts business provided such
   51  pistols or revolvers  are  transported  unloaded,  in  a  locked  opaque
   52  container, PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND SHIP-
   53  MENT  IN  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICA-
   54  TION OF THE PROVISIONS OF OR A CONVICTION  OF  THE  OFFENSE  DEFINED  IN
   55  SUBDIVISION  NINE  OF  SECTION  265.01 OF THIS ARTICLE.  For purposes of
   56  this [subdivision] PARAGRAPH, places where the manufacturer of  firearms
       A. 5663                             6
    1  regularly conducts business [includes] INCLUDE, but [is] ARE not limited
    2  to  places  where  the manufacturer of firearms regularly or customarily
    3  conducts development or design of pistols or revolvers, or regularly  or
    4  customarily  conducts  tests  on  pistols  or revolvers, or regularly or
    5  customarily participates in the exposition of firearms to the public.
    6    b. The transportation of such pistols or revolvers  into,  out  of  or
    7  within  the  city  of  New York may be done only with the consent of the
    8  police commissioner of the city of New York. To obtain such consent, the
    9  manufacturer must notify the police commissioner in writing of the  name
   10  and  address  of  the transporting manufacturer, or agent or employee of
   11  the manufacturer who is authorized in writing by  such  manufacturer  to
   12  transport pistols or revolvers, the number, make and model number of the
   13  firearms to be transported and the place where the manufacturer regular-
   14  ly conducts business within the city of New York and such other informa-
   15  tion  as  the commissioner may deem necessary. The manufacturer must not
   16  transport such pistols and revolvers between the  designated  places  of
   17  business for such reasonable period of time designated in writing by the
   18  police  commissioner  as  such  official may deem necessary for investi-
   19  gation and to give consent. The police commissioner may not unreasonably
   20  withhold his consent.
   21    10. Engaging in the business of gunsmith or dealer in  firearms  by  a
   22  person  to  whom  a  valid  license therefor has been issued pursuant to
   23  section 400.00 OF THIS CHAPTER, PROVIDED THAT ENGAGING IN SUCH  BUSINESS
   24  IN  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF
   25  THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN  SUBDIVISION
   26  NINE OF SECTION 265.01 OF THIS ARTICLE.
   27    12.  Possession of a pistol or revolver by a person who is a member or
   28  coach of an accredited college or university target  pistol  team  while
   29  transporting  the  pistol  or revolver into or through New York state to
   30  participate in a collegiate, olympic or target pistol shooting  competi-
   31  tion  under  the  auspices  of or approved by the national rifle associ-
   32  ation, provided such pistol or revolver is unloaded  and  carried  in  a
   33  locked  carrying  case and the ammunition therefor is carried in a sepa-
   34  rate locked container, PROVIDED, FURTHER THAT SUCH POSSESSION IN ACCORD-
   35  ANCE WITH THIS PARAGRAPH SHALL  NOT  PRECLUDE  THE  APPLICATION  OF  THE
   36  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE
   37  OF SECTION 265.01 OF THIS ARTICLE.
   38    13.  Possession of pistols and revolvers by a person who is a nonresi-
   39  dent of this state while attending or traveling to or from, an organized
   40  competitive pistol match or league competition  under  auspices  of,  or
   41  approved  by, the National Rifle Association and in which he OR SHE is a
   42  competitor, within forty-eight hours of such event or by a person who is
   43  a non-resident of the state while attending or traveling to or  from  an
   44  organized match sanctioned by the International Handgun Metallic Silhou-
   45  ette  Association  and in which he OR SHE is a competitor, within forty-
   46  eight hours of such event, provided that (A) he  OR  SHE  has  not  been
   47  previously  convicted  of a felony or a crime which, if committed in New
   48  York, would constitute a felony, (B) SUCH POSSESSION IN ACCORDANCE  WITH
   49  THIS  PARAGRAPH  SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF
   50  OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION  NINE  OF  SECTION
   51  260.01  OF  THIS ARTICLE, and [further provided] (C) that the pistols or
   52  revolvers are transported unloaded in a locked opaque container together
   53  with a copy of the match program, match schedule or  match  registration
   54  card.  Such  documentation  shall  constitute  prima  facie  evidence of
   55  exemption, [providing] PROVIDED that such person also has in his OR  HER
   56  possession  a  pistol  license  or  firearms registration card issued in
       A. 5663                             7
    1  accordance with the laws of his OR HER place of residence. For  purposes
    2  of  this  [subdivision]  PARAGRAPH,  a person licensed in a jurisdiction
    3  which does not authorize such license by a person who has been previous-
    4  ly  convicted of a felony shall be presumed to have no prior conviction.
    5  The superintendent of state police shall annually  review  the  laws  of
    6  jurisdictions  within  the  United States and Canada with respect to the
    7  applicable requirements for licensing or registration  of  firearms  and
    8  shall publish a list of those jurisdictions which prohibit possession of
    9  a  firearm  by a person previously convicted of a felony or crimes which
   10  if committed in New York state would constitute a felony.
   11    13-a. Except in cities not wholly contained within a single county  of
   12  the  state,  possession  of  pistols  and revolvers by a person who is a
   13  nonresident of this state while attending or traveling to  or  from,  an
   14  organized convention or exhibition for the display of or education about
   15  firearms,  which  is  conducted  under  auspices of, or approved by, the
   16  National Rifle Association and in  which  he  OR  SHE  is  a  registered
   17  participant,  within  forty-eight hours of such event, provided that (A)
   18  he OR SHE has not been previously convicted  of  a  felony  or  a  crime
   19  which,  if  committed  in  New York, would constitute a felony, (B) SUCH
   20  POSSESSION IN ACCORDANCE WITH THIS  PARAGRAPH  SHALL  NOT  PRECLUDE  THE
   21  APPLICATION  OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED
   22  IN SUBDIVISION NINE OF SECTION 265.01  OF  THIS  ARTICLE,  and  [further
   23  provided  that] (C) the pistols or revolvers are transported unloaded in
   24  a locked opaque container together with a  copy  of  the  convention  or
   25  exhibition  program,  convention or exhibition schedule or convention or
   26  exhibition registration card.  Such documentation shall constitute prima
   27  facie evidence of exemption, [providing] PROVIDED that such person  also
   28  has  in  his OR HER possession a pistol license or firearms registration
   29  card issued in accordance with the laws of his OR  HER  place  of  resi-
   30  dence.  For purposes of this paragraph, a person licensed in a jurisdic-
   31  tion which does not authorize such license by  a  person  who  has  been
   32  previously  convicted  of  a  felony  shall be presumed to have no prior
   33  conviction. The superintendent of state police shall annually review the
   34  laws of jurisdictions within the United States and Canada  with  respect
   35  to the applicable requirements for licensing or registration of firearms
   36  and   shall  publish  a  list  of  those  jurisdictions  which  prohibit
   37  possession of a firearm by a person previously convicted of a felony  or
   38  crimes which if committed in New York state would constitute a felony.
   39    S  6.  The  penal law is amended by adding two new sections 265.50 and
   40  265.55 to read as follows:
   41  S 265.50 TESTING.
   42    1. FIELD TESTING. EVERY PERSON WHO POSSESSES A FIREARM, RIFLE OR SHOT-
   43  GUN WHICH HAS BEEN BRANDISHED, DISPLAYED OUTSIDE A  HOLSTER,  DISCHARGED
   44  OR  OTHERWISE  USED  (OTHER  THAN  IN THE PERSON'S HOME, AT AN INDOOR OR
   45  OUTDOOR SHOOTING RANGE, OR IN AN AREA WHERE HUNTING  IS  PERMITTED  WITH
   46  THE WEAPON), OR WHICH IS POSSESSED, DISPLAYED OR DISCHARGED IN VIOLATION
   47  OF ANY PROVISION OF THIS CHAPTER SHALL, AT THE REQUEST OF A POLICE OFFI-
   48  CER,  SUBMIT  TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE OFFICER,
   49  UNLESS SUCH PERSON DEMONSTRATES TO SUCH  POLICE  OFFICER'S  SATISFACTION
   50  THAT  HE  OR SHE IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVISION NINE OF
   51  SECTION 265.01 OF THIS ARTICLE. IF SUCH TEST INDICATES THAT SUCH POSSES-
   52  SOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH  POSSESSOR
   53  TO  SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION TWO
   54  OF THIS SECTION.
   55    2. CHEMICAL TESTS. (A) WHEN AUTHORIZED. ANY  PERSON  WHO  POSSESSES  A
   56  FIREARM,  RIFLE  OR  SHOTGUN  IN THIS STATE, OTHER THAN IN SUCH PERSON'S
       A. 5663                             8
    1  HOME, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OF ONE OR
    2  MORE OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA, FOR THE  PURPOSE
    3  OF  DETERMINING  THE ALCOHOLIC AND/OR DRUG CONTENT OF THE BLOOD PROVIDED
    4  THAT  SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION OF A POLICE OFFI-
    5  CER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR SALIVA OR,  WITH
    6  RESPECT  TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF A POLICE OFFI-
    7  CER:
    8    (1) HAVING REASONABLE GROUNDS  TO  BELIEVE  SUCH  PERSON  POSSESSED  A
    9  FIREARM,  RIFE  OR  SHOTGUN  IN VIOLATION OF SUBDIVISION NINE OF SECTION
   10  265.01 OF THIS ARTICLE AND WITHIN TWO HOURS AFTER SUCH PERSON  HAS  BEEN
   11  PLACED UNDER ARREST FOR ANY SUCH VIOLATION; OR
   12    (2)  WITHIN  TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN SUBDIVISION
   13  ONE OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN  CONSUMED  BY  SUCH
   14  PERSON  AND  IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
   15  THE LAW ENFORCEMENT AGENCY OF WHICH THE OFFICER IS A MEMBER.
   16    FOR THE PURPOSES OF THIS PARAGRAPH, "REASONABLE  GROUNDS"  TO  BELIEVE
   17  THAT  A  PERSON  POSSESSED  A  FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF
   18  SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE SHALL  BE  DETERMINED
   19  BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH,
   20  WHEN TAKEN TOGETHER, INDICATE THAT THE POSSESSION VIOLATED SUCH SUBDIVI-
   21  SION.    SUCH  CIRCUMSTANCES MAY INCLUDE ANY VISIBLE OR BEHAVIORAL INDI-
   22  CATION OF ALCOHOL OR DRUG CONSUMPTION BY SUCH PERSON, THE  EXISTENCE  OF
   23  AN  OPEN  CONTAINER CONTAINING OR HAVING CONTAINED AN ALCOHOLIC BEVERAGE
   24  IN OR AROUND  THE  VICINITY  OF  SUCH  PERSON,  OR  ANY  OTHER  EVIDENCE
   25  SURROUNDING  THE  CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE
   26  PERSON WAS IN POSSESSION OF A FIREARM, RIFLE  OR  SHOTGUN  AFTER  HAVING
   27  CONSUMED ALCOHOL OR DRUGS AT THE TIME OF THE INCIDENT.
   28    (B)  REPORT  OF  REFUSAL.  (1)  IF: (A) SUCH PERSON HAVING BEEN PLACED
   29  UNDER ARREST; OR (B) AFTER A BREATH TEST INDICATES THE PRESENCE OF ALCO-
   30  HOL IN THE PERSON'S  SYSTEM;  AND  THE  PERSON  HAVING  THEREAFTER  BEEN
   31  REQUESTED  TO SUBMIT TO SUCH CHEMICAL TEST AND HAVING BEEN INFORMED THAT
   32  ANY LICENSE HELD BY SUCH PERSON TO POSSESS A FIREARM, RIFLE  OR  SHOTGUN
   33  SHALL  BE  SUBJECT  TO SUSPENSION OR REVOCATION FOR REFUSAL TO SUBMIT TO
   34  SUCH TEST WHETHER OR NOT THE PERSON IS FOUND GUILTY OF  THE  CHARGE  FOR
   35  WHICH  SUCH  PERSON IS ARRESTED OR DETAINED, THEN IF SUCH PERSON REFUSES
   36  TO SUBMIT TO SUCH CHEMICAL TEST OR ANY PORTION THEREOF, UNLESS  A  COURT
   37  ORDER  HAS  BEEN  GRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
   38  THE TEST SHALL NOT BE GIVEN AND A WRITTEN REPORT OF SUCH  REFUSAL  SHALL
   39  BE  IMMEDIATELY  MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL WAS
   40  MADE. SUCH REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO,  OR  BY
   41  AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
   42  ARE  PUNISHABLE  AS  A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF
   43  THIS CHAPTER AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF  THE
   44  DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT.
   45    (2)  THE  REPORT  OF  THE  POLICE  OFFICER  SHALL SET FORTH REASONABLE
   46  GROUNDS TO BELIEVE SUCH ARRESTED PERSON HAD POSSESSED A  FIREARM,  RIFLE
   47  OR  SHOTGUN  IN  VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS
   48  ARTICLE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH  CHEMICAL  TEST,
   49  AND  THAT NO CHEMICAL TEST WAS ADMINISTERED PURSUANT TO THE REQUIREMENTS
   50  OF SUBDIVISION THREE OF THIS SECTION. THE REPORT SHALL BE  PRESENTED  TO
   51  THE COURT UPON ARRAIGNMENT OF AN ARRESTED PERSON, AND SHALL BE TRANSMIT-
   52  TED  BY  SUCH  COURT  TO  THE  APPROPRIATE  LICENSING  AUTHORITY  WITHIN
   53  FORTY-EIGHT HOURS OF THE ARRAIGNMENT.  SUCH  TRANSMITTAL  SHALL  NOT  BE
   54  WAIVED EVEN WITH THE CONSENT OF ALL PARTIES.
   55    (3) THE LICENSE MAY BE TEMPORARILY SUSPENDED BY SUCH LICENSING AUTHOR-
   56  ITY PENDING THE DETERMINATION OF A HEARING, IN ACCORDANCE WITH THE RULES
       A. 5663                             9
    1  AND  PROCEDURES  OF  SUCH  AUTHORITY, FOR REFUSAL TO SUBMIT TO A TEST IN
    2  EITHER THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION OR
    3  THE CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.   ANY
    4  SUCH  REFUSAL  MAY,  AFTER  SUCH  HEARING  OR IF UNCONTESTED, CONSTITUTE
    5  GROUNDS FOR CONTINUED  SUSPENSION  OR  REVOCATION  OF  SUCH  LICENSE  IN
    6  ACCORDANCE WITH SUCH RULES AND PROCEDURES.
    7    (4) NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT THE DISCRETION
    8  OF  ANY LICENSING AUTHORITY OR THE DISCRETION OF ANY JUDGE OR JUSTICE OF
    9  A COURT OF RECORD UNDER SUBDIVISION ELEVEN OF  SECTION  400.00  OF  THIS
   10  CHAPTER  TO  SUSPEND OR REVOKE A LICENSE BECAUSE OF AN ALLEGED VIOLATION
   11  OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR FOR ANY  OTHER
   12  REASON OTHER THAN REFUSAL TO SUBMIT TO A TEST AS REQUIRED BY THIS SUBDI-
   13  VISION OR SUBDIVISION ONE OF THIS SECTION.
   14    (C)  REGULATIONS.  A LICENSING AUTHORITY OR LAW ENFORCEMENT AGENCY MAY
   15  PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO  EFFECTUATE
   16  THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION.
   17    (D) EVIDENCE. EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR
   18  ANY  PORTION  THEREOF  SHALL  BE  ADMISSIBLE IN ANY TRIAL, PROCEEDING OR
   19  HEARING BASED UPON AN ALLEGED VIOLATION OF THE PROVISIONS OF SUBDIVISION
   20  NINE OF SECTION 265.01 OF THIS ARTICLE BUT ONLY UPON A SHOWING THAT  THE
   21  PERSON  WAS GIVEN SUFFICIENT WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE,
   22  OF THE EFFECT OF SUCH REFUSAL AND  THAT  THE  PERSON  PERSISTED  IN  THE
   23  REFUSAL.  SUCH  SHOWING  SHALL  BE SATISFIED BY SUBMISSION OF A VERIFIED
   24  REPORT OF REFUSAL AS PROVIDED IN SUBPARAGRAPH ONE OF  PARAGRAPH  (B)  OF
   25  SUBDIVISION  TWO OF THIS SECTION CONTAINING A STATEMENT THAT SUCH PERSON
   26  WAS INFORMED THAT HIS OR HER LICENSE SHALL BE SUBJECT TO  SUSPENSION  OR
   27  REVOCATION  WHETHER  OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR
   28  WHICH SUCH PERSON IS ARRESTED OR DETAINED  IF  SUCH  PERSON  REFUSES  TO
   29  SUBMIT TO SUCH TEST.
   30    (E)  RESULTS.  UPON  THE  REQUEST  OF  THE  PERSON WHO WAS TESTED, THE
   31  RESULTS OF SUCH TEST SHALL BE MADE AVAILABLE TO SUCH PERSON.
   32    3. COMPULSORY  CHEMICAL  TESTS.  (A)  COURT  ORDERED  CHEMICAL  TESTS.
   33  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS SECTION, NO
   34  PERSON SUBJECT TO THE PROVISIONS OF SUBDIVISION NINE OF  SECTION  265.01
   35  OF THIS ARTICLE WHO POSSESSES A FIREARM, RIFLE OR SHOTGUN (OTHER THAN IN
   36  THE  PERSON'S  HOME,  AT AN INDOOR OR OUTDOOR SHOOTING RANGE, OR AN AREA
   37  WHERE HUNTING IS PERMITTED WITH THE WEAPON) MAY REFUSE TO  SUBMIT  TO  A
   38  CHEMICAL  TEST  OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE OR
   39  SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
   40  OF THE BLOOD WHEN A COURT ORDER FOR SUCH CHEMICAL TEST HAS  BEEN  ISSUED
   41  IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   42    (B)  WHEN AUTHORIZED. UPON REFUSAL BY ANY PERSON TO SUBMIT TO A CHEMI-
   43  CAL TEST OR ANY PORTION THEREOF AS DESCRIBED IN PARAGRAPH  (A)  OF  THIS
   44  SUBDIVISION,  THE  TEST  SHALL NOT BE GIVEN UNLESS A POLICE OFFICER OR A
   45  DISTRICT ATTORNEY, AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION  1.20
   46  OF  THE  CRIMINAL  PROCEDURE  LAW, REQUESTS AND OBTAINS A COURT ORDER TO
   47  COMPEL A PERSON TO SUBMIT TO A CHEMICAL TEST TO DETERMINE THE  ALCOHOLIC
   48  OR DRUG CONTENT OF THE PERSON'S BLOOD UPON A FINDING OF REASONABLE CAUSE
   49  TO BELIEVE THAT:
   50    (1)  SUCH  PERSON  POSSESSED  A  FIREARM,  RIFLE OR SHOTGUN WITH WHICH
   51  ANOTHER PERSON WAS KILLED OR SUFFERED PHYSICAL INJURY; AND
   52    (2) (A) EITHER SUCH PERSON POSSESSED THE FIREARM, RIFLE OR SHOTGUN  IN
   53  VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR
   54    (B)  A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE WITH
   55  SUBDIVISION ONE OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED
   56  BY SUCH PERSON; AND
       A. 5663                            10
    1    (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND
    2    (4)  SUCH  PERSON  HAS  REFUSED  TO  SUBMIT  TO A CHEMICAL TEST OR ANY
    3  PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE  PROVISIONS  OF  PARA-
    4  GRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS  SECTION OR IS UNABLE TO GIVE
    5  CONSENT TO SUCH A TEST.
    6    (C) REASONABLE CAUSE; DEFINITION. FOR THE PURPOSE OF THIS  SUBDIVISION
    7  "REASONABLE  CAUSE"  SHALL  BE  DETERMINED  BY  VIEWING  THE TOTALITY OF
    8  CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, WHEN TAKEN TOGETHER, INDI-
    9  CATE THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN IN  VIOLATION
   10  OF  SUBDIVISION  NINE  OF  SECTION  265.01 OF THIS ARTICLE. SUCH CIRCUM-
   11  STANCES MAY INCLUDE, BUT ARE NOT LIMITED TO: EVIDENCE THAT  SUCH  PERSON
   12  WAS  BRANDISHING  OR USING THE FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF
   13  ANY PROVISION OF THIS CHAPTER OR COMMITTING ANY OTHER CRIME AT THE  TIME
   14  OF  THE  INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION
   15  OR IMPAIRMENT BY  SUCH  PERSON;  THE  EXISTENCE  OF  AN  OPEN  CONTAINER
   16  CONTAINING  AN  ALCOHOLIC  BEVERAGE  IN  OR  AROUND THE VICINITY OF SUCH
   17  PERSON; OR ANY OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCI-
   18  DENT WHICH INDICATES THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOT-
   19  GUN WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXI-
   20  CATED AT THE TIME OF THE INCIDENT.
   21    (D) COURT ORDER; PROCEDURE. (1) AN APPLICATION FOR A  COURT  ORDER  TO
   22  COMPEL SUBMISSION TO A CHEMICAL TEST OR ANY PORTION THEREOF, MAY BE MADE
   23  TO ANY SUPREME COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE
   24  IN THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCI-
   25  DENT  OCCURRED  IN THE CITY OF NEW YORK BEFORE ANY SUPREME COURT JUSTICE
   26  OR JUDGE OF THE CRIMINAL COURT OF THE CITY OF NEW YORK.   SUCH  APPLICA-
   27  TION MAY BE COMMUNICATED BY TELEPHONE, RADIO OR OTHER MEANS OF ELECTRON-
   28  IC COMMUNICATION, OR IN PERSON.
   29    (2)  THE  APPLICANT  MUST PROVIDE IDENTIFICATION BY NAME AND TITLE AND
   30  MUST STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT  AN
   31  APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS
   32  BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER
   33  PERSON  PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION AS PROVIDED
   34  IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT
   35  MUST STATE THAT THE PERSON FROM WHOM THE  CHEMICAL  TEST  WAS  REQUESTED
   36  POSSESSED  A  FIREARM,  RIFLE  OR  SHOTGUN WITH WHICH ANOTHER PERSON WAS
   37  KILLED OR PHYSICALLY INJURED AND, BASED UPON  THE  TOTALITY  OF  CIRCUM-
   38  STANCES, THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON POSSESSED
   39  A  FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF SUBDIVISION NINE OF SECTION
   40  265.01 OF THIS ARTICLE OR A BREATH TEST INDICATED THAT ALCOHOL HAD  BEEN
   41  CONSUMED BY SUCH PERSON AND, AFTER BEING PLACED UNDER LAWFUL ARREST SUCH
   42  PERSON  REFUSED  TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION THEREOF, IN
   43  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  OR  IS  UNABLE  TO  GIVE
   44  CONSENT  TO  SUCH A TEST OR ANY PORTION THEREOF. THE APPLICANT MUST MAKE
   45  SPECIFIC ALLEGATIONS OF FACT TO SUPPORT SUCH STATEMENT. ANY OTHER PERSON
   46  PROPERLY IDENTIFIED, MAY PRESENT SWORN ALLEGATIONS OF FACT IN SUPPORT OF
   47  THE APPLICANT'S STATEMENT.
   48    (3) UPON BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT  ORDER  TO
   49  COMPEL  A  PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A JUDGE OR
   50  JUSTICE SHALL PLACE UNDER  OATH  THE  APPLICANT  AND  ANY  OTHER  PERSON
   51  PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR OATHS
   52  AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS
   53  OF A VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR  VERBATIM  LONG-
   54  HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD
   55  MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA-
   56  CY  OF  THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD AND TRANSCRIPTION
       A. 5663                            11
    1  WITH THE COURT WITHIN SEVENTY-TWO HOURS OF THE  ISSUANCE  OF  THE  COURT
    2  ORDER. IF LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY AND
    3  FILE  IT  WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE ISSUANCE OF THE
    4  ORDER.
    5    (4)  IF  THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR THE ISSUANCE
    6  OF A COURT ORDER PURSUANT TO THE PROVISIONS OF  PARAGRAPH  (B)  OF  THIS
    7  SUBDIVISION  HAVE  BEEN  MET,  IT MAY GRANT THE APPLICATION AND ISSUE AN
    8  ORDER REQUIRING THE ACCUSED TO SUBMIT TO A CHEMICAL  TEST  TO  DETERMINE
    9  THE  ALCOHOLIC  AND/OR DRUG CONTENT OF HIS OR HER BLOOD AND ORDERING THE
   10  WITHDRAWAL OF A BLOOD SAMPLE IN ACCORDANCE WITH THE PROVISIONS OF  PARA-
   11  GRAPH  (A)  OF SUBDIVISION FOUR OF THIS SECTION. WHEN A JUDGE OR JUSTICE
   12  DETERMINES TO ISSUE AN ORDER TO COMPEL SUBMISSION  TO  A  CHEMICAL  TEST
   13  BASED  ON  AN ORAL APPLICATION, THE APPLICANT THEREFOR SHALL PREPARE THE
   14  ORDER IN ACCORDANCE WITH THE INSTRUCTIONS OF THE JUDGE OR JUSTICE.    IN
   15  ALL  CASES  THE  ORDER  SHALL  INCLUDE  THE NAME OF THE ISSUING JUDGE OR
   16  JUSTICE, THE NAME OF THE APPLICANT, AND THE DATE AND TIME IT WAS ISSUED.
   17  IT MUST BE SIGNED BY THE JUDGE OR JUSTICE IF ISSUED IN PERSON, OR BY THE
   18  APPLICANT IF ISSUED ORALLY.
   19    (5) ANY FALSE STATEMENT BY AN APPLICANT OR ANY OTHER PERSON IN SUPPORT
   20  OF AN APPLICATION FOR A COURT ORDER SHALL SUBJECT  SUCH  PERSON  TO  THE
   21  OFFENSES  FOR PERJURY SET FORTH IN ARTICLE TWO HUNDRED TEN OF THIS CHAP-
   22  TER.
   23    (6) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH  A  SCHEDULE
   24  TO PROVIDE THAT A SUFFICIENT NUMBER OF JUDGES OR JUSTICES WILL BE AVAIL-
   25  ABLE  IN  EACH  JUDICIAL  DISTRICT  TO  HEAR ORAL APPLICATIONS FOR COURT
   26  ORDERS AS PERMITTED BY THIS SECTION.
   27    (E) ADMINISTRATION OF COMPULSORY CHEMICAL TEST. AN ORDER ISSUED PURSU-
   28  ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL REQUIRE THAT A  CHEMICAL
   29  TEST  TO  DETERMINE THE ALCOHOLIC AND/OR DRUG CONTENT OF THE POSSESSOR'S
   30  BLOOD MUST BE ADMINISTERED. THE PROVISIONS OF PARAGRAPHS  (A),  (B)  AND
   31  (C) OF SUBDIVISION FOUR OF THIS SECTION SHALL BE APPLICABLE TO ANY CHEM-
   32  ICAL TEST ADMINISTERED PURSUANT TO THIS SECTION.
   33    4. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
   34  NITY;  TESTIMONY.  (1) AT THE REQUEST OF A POLICE OFFICER, THE FOLLOWING
   35  PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE  ALCOHOLIC
   36  AND/OR  DRUG CONTENT THEREIN: (A) A PHYSICIAN, A REGISTERED PROFESSIONAL
   37  NURSE OR A REGISTERED PHYSICIAN ASSISTANT; OR (B) UNDER THE  SUPERVISION
   38  AND  AT THE DIRECTION OF A PHYSICIAN: A MEDICAL LABORATORY TECHNICIAN OR
   39  MEDICAL TECHNOLOGIST AS CLASSIFIED BY CIVIL SERVICE; A PHLEBOTOMIST;  AN
   40  ADVANCED  EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPARTMENT OF
   41  HEALTH; OR A  MEDICAL  LABORATORY  TECHNICIAN  OR  MEDICAL  TECHNOLOGIST
   42  EMPLOYED  BY  A CLINICAL LABORATORY APPROVED UNDER TITLE FIVE OF ARTICLE
   43  FIVE OF THE PUBLIC HEALTH LAW. THIS LIMITATION SHALL NOT  APPLY  TO  THE
   44  TAKING OF A URINE, SALIVA OR BREATH SPECIMEN.
   45    (2)  NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
   46  OF THIS PARAGRAPH OR  HOSPITAL  EMPLOYING  SUCH  PERSON,  AND  NO  OTHER
   47  EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
   48  OMITTED  IN  THE  COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
   49  OFFICER PURSUANT TO THIS SECTION.
   50    (3) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM  THE  WITH-
   51  DRAWAL  OF  BLOOD  AS  AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
   52  UNDER SUBPARAGRAPH TWO OF  THIS  PARAGRAPH,  MAY  MAINTAIN  SUCH  ACTION
   53  AGAINST  THE  STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
   54  THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY  THE
   55  STATE,  OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
   56  SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
       A. 5663                            12
    1  TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE  MAINTAINED  PURSUANT
    2  TO  THIS  SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
    3  COMPLIANCE WITH LAW.
    4    (4)  NOTWITHSTANDING  THE  FOREGOING  PROVISIONS  OF THIS PARAGRAPH AN
    5  ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF
    6  AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
    7  OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON  FOR  WHOSE  ACT  OR
    8  OMISSION  THE  STATE  OR  THE POLITICAL SUBDIVISION HAS BEEN HELD LIABLE
    9  UNDER THIS PARAGRAPH  TO  RECOVER  DAMAGES,  NOT  EXCEEDING  THE  AMOUNT
   10  AWARDED  TO  THE  CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY THE STATE OR
   11  THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD FAITH  ON
   12  THE PART OF SUCH PERSON.
   13    (5)  THE  TESTIMONY  OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
   14  WITHDRAW BLOOD PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH,  IN
   15  RESPECT  TO  ANY  SUCH  WITHDRAWAL  OF  BLOOD MADE BY SUCH PERSON MAY BE
   16  RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS  IF  SUCH
   17  WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   18    (6)  THE PROVISIONS OF SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS PARA-
   19  GRAPH SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A  HOSPITAL
   20  AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE OF WITH-
   21  DRAWING  BLOOD  AT  THE  REQUEST OF A POLICE OFFICER PURSUANT TO A COURT
   22  ORDER IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
   23    (B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED  TO
   24  CHOOSE  A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
   25  ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   26    (C) RULES AND REGULATIONS. THE RULES AND  REGULATIONS  ISSUED  BY  THE
   27  DEPARTMENT  OF  HEALTH  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
   28  SECTION ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW  SHALL
   29  ALSO  APPLY TO ANALYSES UNDER THIS SECTION. IF THE ANALYSES WERE MADE BY
   30  AN INDIVIDUAL POSSESSING A PERMIT ISSUED BY THE  DEPARTMENT  OF  HEALTH,
   31  THIS  SHALL  BE  PRESUMPTIVE  EVIDENCE THAT THE EXAMINATION WAS PROPERLY
   32  GIVEN. THE PROVISIONS OF THIS PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION
   33  AS EVIDENCE OF AN ANALYSIS MADE BY AN INDIVIDUAL  OTHER  THAN  A  PERSON
   34  POSSESSING A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH.
   35    5. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   36    (A)  "LICENSE"  MEANS AND INCLUDES LICENSES ISSUED PURSUANT TO SECTION
   37  400.00 OF THIS CHAPTER, AND ANY PERMIT ISSUED BY A COUNTY, CITY, TOWN OR
   38  VILLAGE PURSUANT TO A LOCAL LAW, CODE OR ORDINANCE WHICH  RESTRICTS  THE
   39  POSSESSION AND PURCHASE OF RIFLES AND SHOTGUNS.
   40    (B)  "LICENSING AUTHORITY" MEANS THE LICENSING OFFICER OR AGENCY WHICH
   41  ISSUES A LICENSE.
   42  S 265.55 CHEMICAL TEST EVIDENCE.
   43    1. ADMISSIBILITY. UPON THE TRIAL OF ANY ACTION OR  PROCEEDING  ARISING
   44  OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY PERSON ARRESTED FOR
   45  A  VIOLATION  OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, THE
   46  COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF  ALCOHOL  OR  DRUGS  IN  THE
   47  DEFENDANT'S  BLOOD  AS  SHOWN  BY  A  TEST  ADMINISTERED PURSUANT TO THE
   48  PROVISIONS OF SECTION 265.50 OF THIS ARTICLE.
   49    2. PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF
   50  BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED
   51  FOR VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE:
   52    (A) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
   53  ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
   54  ABILITY OF SUCH PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS
   55  NOT IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT
   56  IN AN INTOXICATED CONDITION;
       A. 5663                            13
    1    (B)  EVIDENCE  THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
    2  THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
    3  SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
    4  CONDITION,  BUT  SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT SHALL NOT
    5  BE  GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
    6  PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS IMPAIRED BY THE
    7  CONSUMPTION OF ALCOHOL; AND
    8    (C) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM  OR  MORE  BUT  LESS
    9  THAN  .08  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
   10  SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
   11  CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
   12  MINING WHETHER THE ABILITY OF SUCH PERSON TO SAFELY POSSESS  A  FIREARM,
   13  RIFLE OR SHOTGUN WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   14    3.  SUPPRESSION.  A  DEFENDANT  WHO  HAS BEEN COMPELLED TO SUBMIT TO A
   15  CHEMICAL TEST PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
   16  265.50 OF THIS ARTICLE MAY MOVE FOR THE SUPPRESSION OF SUCH EVIDENCE  IN
   17  ACCORDANCE  WITH ARTICLE SEVEN HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW
   18  ON THE GROUNDS THAT THE ORDER WAS OBTAINED AND THE TEST ADMINISTERED  IN
   19  VIOLATION  OF THE PROVISIONS OF SUCH SUBDIVISION OR ANY OTHER APPLICABLE
   20  LAW.
   21    S 7. Paragraph (a) of subdivision 11 of section 400.00  of  the  penal
   22  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
   23  follows:
   24    (a) The conviction of a licensee  anywhere  of  a  felony  or  serious
   25  offense  or  a  licensee  at  any  time  becoming ineligible to obtain a
   26  license under this section shall operate as a revocation of the license.
   27  A license may be revoked or suspended as provided for in SUBDIVISION TWO
   28  OF SECTION 265.50 OF THIS CHAPTER, section 530.14 of the criminal proce-
   29  dure law or section eight hundred forty-two-a of the family  court  act.
   30  Except  for a license issued pursuant to section 400.01 of this article,
   31  a license may be revoked and cancelled at any time in the  city  of  New
   32  York,  and in the counties of Nassau and Suffolk, by the licensing offi-
   33  cer, and elsewhere than in the city of New York by any judge or  justice
   34  of  a  court  of  record; a license issued pursuant to section 400.01 of
   35  this article may be revoked and cancelled at any time by  the  licensing
   36  officer  or  any  judge  or  justice  of a court of record. The official
   37  revoking a license shall give written notice thereof without unnecessary
   38  delay to the executive department, division of state police, Albany, and
   39  shall also notify immediately the duly constituted police authorities of
   40  the locality.
   41    S 8. This act shall take effect on the one hundred eightieth day after
   42  it shall have become a law, provided however, that if sections 40 and 46
   43  of chapter 1 of the laws of 2013 shall not have  taken  effect  by  such
   44  effective  date,  then  sections  four  and  five of this act shall take
   45  effect on the same date and in the same manner as such sections of  such
   46  chapter  of  the  laws  of  2013,  respectively,  take  effect; provided
   47  further, that the amendments to section 400.00 of the penal law made  by
   48  section  seven of this act shall take effect on the same date and in the
   49  same manner as section 48 of such chapter of the  laws  of  2013,  takes
   50  effect; provided further, that any actions, including but not limited to
   51  the  promulgation  of  rules and regulations, necessary to implement the
   52  provisions of this act on its effective date are authorized and directed
   53  to be made and completed on or before such date.