STATE OF NEW YORK
        ________________________________________________________________________

                                          7642

                               2023-2024 Regular Sessions

                    IN SENATE

                                     August 23, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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 twelve of section 265.01 of this chapter may include a
    11  fine, fixed by the court, not exceeding ten thousand dollars.
    12    § 2. Section 265.00 of the penal law is amended by adding a new subdi-
    13  vision 36 to read as follows:
    14    36. "Drug" means any controlled substance listed  in  section  thirty-
    15  three hundred six of the public health law.
    16    § 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
    17    § 4. Subdivisions 4, 5, 6, 7 and 8 of section 265.01 of the penal law,
    18  subdivisions  4, 5, 6 and 7 as amended by chapter 1 of the laws of 2013,
    19  subdivision 8 as amended by chapter 520 of the laws of 2021, are amended
    20  and a new subdivision 12 is added to read as follows:
    21    (4) He or she possesses  a  rifle,  shotgun,  antique  firearm,  black
    22  powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
    23  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.
                                                                   LBD13121-01-3

        S. 7642                             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) Such person possesses any armor piercing ammunition with intent to
    19  use the same unlawfully against another[.]; or
    20    (12) (a) He or she possesses a firearm, rifle or  shotgun  outside  of
    21  his 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 265.70 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    §  5. Subdivisions 9 and 10 of section 265.01 of the penal law, subdi-
    40  vision 9 as amended by chapter 149 of the laws of 2022,  subdivision  10
    41  as  amended  by  chapter 94 of the laws of 2022, are renumbered subdivi-
    42  sions 10 and 11 and are amended to read as follows:
    43    (10) Such person is not licensed as a gunsmith or a dealer in firearms
    44  pursuant to section 400.00 of this chapter and, knowing it  is  a  ghost
    45  gun, such person possesses a ghost gun, provided that a person shall not
    46  be  guilty under this subdivision when he or she (a) voluntarily surren-
    47  ders such ghost gun to any law enforcement official designated  pursuant
    48  to  subparagraph  (f)  of  paragraph  one  of subdivision (a) of section
    49  265.20 of this article; or (b) for a period  of  six  months  after  the
    50  effective date of this section possesses a ghost gun prior to serializa-
    51  tion  and  registration  of such ghost gun pursuant to section 265.07 of
    52  this article[.]; or
    53    (11) Such person is not licensed as a gunsmith or dealer  in  firearms
    54  pursuant to section 400.00 of this chapter and, knowing it is an unseri-
    55  alized  frame  or  receiver or unfinished frame or receiver, such person
    56  possesses an unserialized frame  or  receiver  or  unfinished  frame  or

        S. 7642                             3

     1  receiver,  provided  that for a period of six months after the effective
     2  date of this subdivision, a person shall not be guilty under this subdi-
     3  vision when such person: (a) voluntarily  surrenders  such  unserialized
     4  frame or receiver or unfinished frame or receiver to any law enforcement
     5  official  designated  pursuant  to  subparagraph (f) of paragraph one of
     6  subdivision (a) of section 265.20 of this article; or (b) possesses such
     7  unserialized frame or receiver or unfinished frame or receiver prior  to
     8  serialization of such unserialized frame or receiver or unfinished frame
     9  or  receiver  in  accordance  with  the requirements imposed on licensed
    10  importers and licensed  manufacturers  pursuant  to  subsection  (i)  of
    11  Section 923 of Title 18 of the United States Code and regulations issued
    12  pursuant  thereto, except for antique firearms as defined in subdivision
    13  fourteen of section 265.00 of this article, as  added  by  chapter  nine
    14  hundred  eighty-six of the laws of nineteen hundred seventy-four, or any
    15  firearm, rifle or shotgun manufactured prior to nineteen hundred  sixty-
    16  eight[.]; or
    17    §  6.  Paragraphs  3, 3-a, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10,
    18  12, 13 and 13-a of subdivision a of section 265.20 of the    penal  law,
    19  paragraph  3  as  amended and paragraph 7-f as added by chapter 1 of the
    20  laws of 2013, paragraph 3-a as added by chapter 371 of the laws of 2022,
    21  paragraph 4 as amended by section 10 of part EE of  chapter  55  of  the
    22  laws of 2014, paragraph 5 as amended by chapter 235 of the laws of 2007,
    23  paragraph 7 as amended by chapter 150 of the laws of 2020, paragraph 7-a
    24  as  amended by chapter 210 of the laws of 1999, paragraph 7-b as amended
    25  by chapter 511 of the laws of 2014, paragraph 7-e as amended by  chapter
    26  281  of  the  laws of 2006, paragraph 8 as amended by chapter 130 of the
    27  laws of 2019, paragraphs 9 and 10 as amended by chapter 1041 of the laws
    28  of 1974, paragraph 9-a as amended by chapter 608 of the  laws  of  1984,
    29  paragraph 12 as added by chapter 90 of the laws of 1979, paragraph 13 as
    30  amended  by  chapter 150 of the laws of 1988 and paragraph 13-a as added
    31  by chapter 370 of the laws of 1986, are amended to read as follows:
    32    3. Possession of a pistol or revolver by a person to  whom  a  license
    33  therefor  has  been issued as provided under section 400.00 or 400.01 of
    34  this chapter or possession of a weapon as defined in  paragraph  (e)  or
    35  (f) of subdivision twenty-two of section 265.00 of this article which is
    36  registered pursuant to paragraph (a) of subdivision sixteen-a of section
    37  400.00  of  this  chapter  or  is  included on an amended license issued
    38  pursuant to section 400.00 of this chapter. In the event such license is
    39  revoked, other than because such licensee  is  no  longer  permitted  to
    40  possess a firearm, rifle or shotgun under federal or state law, informa-
    41  tion  sufficient to satisfy the requirements of subdivision sixteen-a of
    42  section 400.00 of this chapter, shall be transmitted  by  the  licensing
    43  officer  to the state police, in a form as determined by the superinten-
    44  dent of state police. Such transmission shall constitute a valid  regis-
    45  tration  under such section. Further provided, notwithstanding any other
    46  section of this title, a failure to register such weapon by an  individ-
    47  ual who possesses such weapon before the enactment of the chapter of the
    48  laws  of  two  thousand thirteen which amended this paragraph and may so
    49  lawfully possess it thereafter upon registration, shall only be  subject
    50  to  punishment  pursuant  to  paragraph  (c) of subdivision sixteen-a of
    51  section 400.00 of this chapter; provided, that such a license or  regis-
    52  tration  shall not preclude a conviction for [the] an offense defined in
    53  subdivision [three] twelve of section 265.01 of this article or  section
    54  265.01-a of this article.
    55    3-a.  Possession  of a pistol or revolver by a person undergoing live-
    56  fire range training pursuant to section 400.00  of  this  chapter  while

        S. 7642                             4

     1  such  person  is  undergoing  such  training and is supervised by a duly
     2  authorized instructor; provided that such possession in accordance  with
     3  this paragraph shall not preclude the application of the provision of or
     4  a  conviction  of  the  offense defined in subdivision twelve of section
     5  265.01 of this article.
     6    4. Possession of a rifle, shotgun, crossbow or longbow for  use  while
     7  hunting,  trapping  or fishing, by a person, not a citizen of the United
     8  States, carrying a valid license issued pursuant to section  11-0713  of
     9  the  environmental  conservation  law;  provided that such possession in
    10  accordance with this paragraph shall not preclude the application of the
    11  provision of or a conviction  of  the  offense  defined  in  subdivision
    12  twelve of section 265.01 of this article.
    13    5.  Possession  of  a rifle or shotgun by a person other than a person
    14  who has been convicted of  a  class  A-I  felony  or  a  violent  felony
    15  offense, as defined in subdivision one of section 70.02 of this chapter,
    16  who  has  been  convicted  as  specified  in subdivision four of section
    17  265.01 of this article to whom a certificate of good  conduct  has  been
    18  issued  pursuant to section seven hundred three-b of the correction law;
    19  provided that such possession in accordance with  this  paragraph  shall
    20  not  preclude the application of the provision of or a conviction of the
    21  offense defined in subdivision twelve of section 265.01 of this article.
    22    7. Possession, at an indoor or outdoor shooting range for the  purpose
    23  of  loading  and  firing, of a rifle or shotgun, the propelling force of
    24  which is gunpowder by a person under sixteen years of age but not  under
    25  twelve, under the immediate supervision, guidance and instruction of (a)
    26  a  duly commissioned officer of the United States army, navy, air force,
    27  marine corps or coast guard, or of the national guard of  the  state  of
    28  New York; or (b) a duly qualified adult citizen of the United States who
    29  has  been  granted a certificate as an instructor in small arms practice
    30  issued by the United States army, navy, air force or marine corps, or by
    31  the adjutant general of this state, by the national rifle association of
    32  America, a not-for-profit corporation duly organized under the  laws  of
    33  this  state,  or  by  a  New  York  state  4-H certified shooting sports
    34  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    35  teen designated in writing by such parent or guardian who shall  have  a
    36  certificate  of  qualification in responsible hunting, including safety,
    37  ethics, and landowner relations-hunter relations, issued or  honored  by
    38  the  department  of  environmental  conservation; or (d) an agent of the
    39  department of environmental conservation appointed to conduct courses in
    40  responsible hunting practices pursuant to article eleven of the environ-
    41  mental conservation law; provided that  such  possession  in  accordance
    42  with this paragraph shall not preclude the application of the provisions
    43  of  or  a  conviction  of  the  offense defined in subdivision twelve of
    44  section 265.01 of this article.
    45    7-a. Possession and use, at an indoor or outdoor pistol range  located
    46  in  or on premises owned or occupied by a duly incorporated organization
    47  organized for conservation purposes or to foster  proficiency  in  small
    48  arms or at a target pistol shooting competition under the auspices of or
    49  approved  by  the  national rifle association for the purpose of loading
    50  and firing the same, by a person duly licensed to possess  a  pistol  or
    51  revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
    52  pistol or revolver duly so licensed to another person who is present  at
    53  the  time; provided that such possession and use in accordance with this
    54  paragraph shall not preclude the application of the provisions of  or  a
    55  conviction  of  the  offense  defined  in  subdivision twelve of section
    56  265.01 of this article.

        S. 7642                             5

     1    7-b. 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  who  has  applied  for  a  license  to
     7  possess a pistol or revolver and pre-license possession of same pursuant
     8  to section 400.00 or 400.01 of this chapter, who has not been previously
     9  denied  a  license,  been  previously  convicted  of a felony or serious
    10  offense, and who does not appear to be, or pose a threat to be, a danger
    11  to himself or to others, and who has been approved  for  possession  and
    12  use  herein in accordance with section 400.00 or 400.01 of this chapter;
    13  provided however, (a) that such possession and use shall be of a  pistol
    14  or  revolver  duly  licensed to and shall be used under the supervision,
    15  guidance and instruction of, a person specified in  paragraph  seven  of
    16  this  subdivision  [and  provided further that], (b) such possession and
    17  use be within the jurisdiction of the licensing officer  with  whom  the
    18  person  has  made application therefor or within the jurisdiction of the
    19  superintendent of state police in the case of a retired sworn member  of
    20  the division of state police who has opted to make an application pursu-
    21  ant  to  section 400.01 of this chapter, and (c) such possession and use
    22  in accordance with this paragraph shall not preclude the application  of
    23  the  provisions of or a conviction of the offense defined in subdivision
    24  twelve of section 265.01 of this article.
    25    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
    26  outdoor  pistol  range  located in or on premises owned or occupied by a
    27  duly incorporated organization organized for conservation purposes or to
    28  foster proficiency in small arms or at a target pistol shooting competi-
    29  tion under the auspices of or approved by an association or organization
    30  described in paragraph [7-a] seven-a of this subdivision for the purpose
    31  of loading and firing the same by a person at least  fourteen  years  of
    32  age  but  under  the  age  of  twenty-one  who  has  not been previously
    33  convicted of a felony or serious offense, and who does not appear to be,
    34  or pose a threat to be, a danger to himself or  herself  or  to  others;
    35  provided  however, that such possession shall be of a pistol or revolver
    36  duly licensed to and shall be  used  under  the  immediate  supervision,
    37  guidance  and  instruction  of, a person specified in paragraph seven of
    38  this subdivision; and provided, further, that such possession and use 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
    41  twelve of section 265.01 of this article.
    42    7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
    43  device, that contains more than seven rounds  of  ammunition,  but  that
    44  does  not  have a capacity of or can readily be restored or converted to
    45  accept more than ten rounds of  ammunition,  at  an  indoor  or  outdoor
    46  firing  range  located  in  or  on  premises owned or occupied by a duly
    47  incorporated organization organized  for  conservation  purposes  or  to
    48  foster proficiency in arms; at an indoor or outdoor firing range for the
    49  purpose of firing a rifle or shotgun; at a collegiate, olympic or target
    50  shooting  competition  under the auspices of or approved by the national
    51  rifle association; or at an organized match sanctioned by  the  Interna-
    52  tional  Handgun  Metallic  Silhouette  Association;  provided  that such
    53  possession and use in accordance with this paragraph shall not  preclude
    54  the  application  of  the  provisions  of or a conviction of the offense
    55  defined in subdivision twelve of section 265.01 of this article.

        S. 7642                             6

     1    8. The manufacturer of machine-guns, firearm silencers, assault  weap-
     2  ons,  large capacity ammunition feeding devices, rapid-fire modification
     3  devices, disguised guns, pilum ballistic knives, switchblade or  gravity
     4  knives, billies or blackjacks as merchandise, or as a transferee recipi-
     5  ent of the same for repair, lawful distribution or research and develop-
     6  ment,  and  the  disposal  and  shipment  thereof  direct to a regularly
     7  constituted or appointed state or municipal police department,  sheriff,
     8  police  officer or other peace officer, or to a state prison, penitenti-
     9  ary, workhouse, county jail or other institution for  the  detention  of
    10  persons  convicted  or accused of crime or held as witnesses in criminal
    11  cases, or to the military service of this state or of the United States;
    12  or for the repair and return of the same to the lawful possessor or  for
    13  research  and  development;  provided  that status as a manufacturer, or
    14  disposal and shipment  in  accordance  with  this  paragraph  shall  not
    15  preclude  the  application of the   provisions of or a conviction of the
    16  offense defined in subdivision twelve of section 265.01 of this article.
    17    9. The regular and ordinary  transport  of  firearms  as  merchandise,
    18  provided  that  the  person  transporting such firearms, where he or she
    19  knows or has reasonable means of ascertaining what he or she  is  trans-
    20  porting,  notifies  in  writing the police commissioner, police chief or
    21  other law enforcement officer performing such functions at the place  of
    22  delivery,  of  the  name  and  address of the consignee and the place of
    23  delivery, and withholds delivery to the consignee  for  such  reasonable
    24  period of time designated in writing by such police commissioner, police
    25  chief  or other law enforcement officer as such official may deem neces-
    26  sary for investigation as to whether the consignee may lawfully  receive
    27  and  possess  such  firearms,  provided, further, that such transport in
    28  accordance with this paragraph shall not preclude the application of the
    29  provisions of or a conviction of  the  offense  defined  in  subdivision
    30  twelve of section 265.01 of this article.
    31    9-a. a. Except as provided in [subdivision] subparagraph b [hereof] of
    32  this  paragraph, the regular and ordinary transport of pistols or revol-
    33  vers by a manufacturer of firearms to whom a  license  as  a  dealer  in
    34  firearms  has been issued pursuant to section 400.00 of this chapter, or
    35  by an agent or employee of such manufacturer of firearms who  is  other-
    36  wise duly licensed to carry a pistol or revolver and who is duly author-
    37  ized in writing by such manufacturer of firearms to transport pistols or
    38  revolvers  on the date or dates specified, directly between places where
    39  the manufacturer of firearms regularly conducts business  provided  such
    40  pistols  or  revolvers  are  transported  unloaded,  in  a locked opaque
    41  container, provided that status as a manufacturer, or disposal and ship-
    42  ment in accordance with this paragraph shall not preclude  the  applica-
    43  tion  of  the  provisions  of  or a conviction of the offense defined in
    44  subdivision twelve of section 265.01 of this article.   For purposes  of
    45  this  [subdivision] paragraph, places where the manufacturer of firearms
    46  regularly conducts business [includes] include, but [is] are not limited
    47  to places where the manufacturer of firearms  regularly  or  customarily
    48  conducts  development or design of pistols or revolvers, or regularly or
    49  customarily conducts tests on pistols  or  revolvers,  or  regularly  or
    50  customarily participates in the exposition of firearms to the public.
    51    b.  The  transportation  of  such pistols or revolvers into, out of or
    52  within the city of New York may be done only with  the  consent  of  the
    53  police commissioner of the city of New York. To obtain such consent, the
    54  manufacturer  must notify the police commissioner in writing of the name
    55  and address of the transporting manufacturer, or agent  or  employee  of
    56  the  manufacturer  who  is authorized in writing by such manufacturer to

        S. 7642                             7

     1  transport pistols or revolvers, the number, make and model number of the
     2  firearms to be transported and the place where the manufacturer regular-
     3  ly conducts business within the city of New York and such other informa-
     4  tion  as  the commissioner may deem necessary. The manufacturer must not
     5  transport such pistols and revolvers between the  designated  places  of
     6  business for such reasonable period of time designated in writing by the
     7  police  commissioner  as  such  official may deem necessary for investi-
     8  gation and to give consent. The police commissioner may not unreasonably
     9  withhold his consent.
    10    10. Engaging in the business of gunsmith or dealer in  firearms  by  a
    11  person  to  whom  a  valid  license therefor has been issued pursuant to
    12  section 400.00 of this chapter, provided that engaging in such  business
    13  in  accordance with this paragraph shall not preclude the application of
    14  the provisions of or a conviction of the offense defined in  subdivision
    15  twelve of section 265.01 of this article.
    16    12.  Possession of a pistol or revolver by a person who is a member or
    17  coach of an accredited college or university target  pistol  team  while
    18  transporting  the  pistol  or revolver into or through New York state to
    19  participate in a collegiate, olympic or target pistol shooting  competi-
    20  tion  under  the  auspices  of or approved by the national rifle associ-
    21  ation, provided such pistol or revolver is unloaded  and  carried  in  a
    22  locked  carrying  case and the ammunition therefor is carried in a sepa-
    23  rate locked container, provided, further that such possession in accord-
    24  ance with this paragraph shall  not  preclude  the  application  of  the
    25  provisions  of  or  a  conviction  of the offense defined in subdivision
    26  twelve of section 265.01 of this article.
    27    13. Possession of pistols and revolvers by a person who is a  nonresi-
    28  dent of this state while attending or traveling to or from, an organized
    29  competitive  pistol  match  or  league competition under auspices of, or
    30  approved by, the National Rifle Association and in which he or she is  a
    31  competitor, within forty-eight hours of such event or by a person who is
    32  a  non-resident  of the state while attending or traveling to or from an
    33  organized match sanctioned by the International Handgun Metallic Silhou-
    34  ette Association and in which he or she is a competitor,  within  forty-
    35  eight  hours  of  such  event,  provided that (a) he or she has not been
    36  previously convicted of a felony or a crime which, if committed  in  New
    37  York,  would constitute a felony, (b) such possession in accordance with
    38  this paragraph shall not preclude the application of the  provisions  of
    39  or  a conviction of the offense defined in subdivision twelve of section
    40  265.01 of this article, and [further provided] (c) that the  pistols  or
    41  revolvers are transported unloaded in a locked opaque container together
    42  with  a  copy of the match program, match schedule or match registration
    43  card. Such  documentation  shall  constitute  prima  facie  evidence  of
    44  exemption,  [providing] provided that such person also has in his or her
    45  possession a pistol license or  firearms  registration  card  issued  in
    46  accordance  with the laws of his or her place of residence. For purposes
    47  of this [subdivision] paragraph, a person  licensed  in  a  jurisdiction
    48  which does not authorize such license by a person who has been previous-
    49  ly  convicted of a felony shall be presumed to have no prior conviction.
    50  The superintendent of state police shall annually  review  the  laws  of
    51  jurisdictions  within  the  United States and Canada with respect to the
    52  applicable requirements for licensing or registration  of  firearms  and
    53  shall publish a list of those jurisdictions which prohibit possession of
    54  a  firearm  by a person previously convicted of a felony or crimes which
    55  if committed in New York state would constitute a felony.

        S. 7642                             8

     1    13-a. Except in cities not wholly contained within a single county  of
     2  the  state,  possession  of  pistols  and revolvers by a person who is a
     3  nonresident of this state while attending or traveling to  or  from,  an
     4  organized convention or exhibition for the display of or education about
     5  firearms,  which  is  conducted  under  auspices of, or approved by, the
     6  National Rifle Association and in  which  he  or  she  is  a  registered
     7  participant,  within  forty-eight hours of such event, provided that (a)
     8  he or she has not been previously convicted  of  a  felony  or  a  crime
     9  which,  if  committed  in  New York, would constitute a felony, (b) such
    10  possession in accordance with this  paragraph  shall  not  preclude  the
    11  application  of the provisions of or a conviction of the offense defined
    12  in subdivision twelve of section 265.01 of this  article,  and  [further
    13  provided  that] (c) the pistols or revolvers are transported unloaded in
    14  a locked opaque container together with a  copy  of  the  convention  or
    15  exhibition  program,  convention or exhibition schedule or convention or
    16  exhibition registration card.  Such documentation shall constitute prima
    17  facie evidence of exemption, [providing] provided that such person  also
    18  has  in  his or her possession a pistol license or firearms registration
    19  card issued in accordance with the laws of his or  her  place  of  resi-
    20  dence.  For purposes of this paragraph, a person licensed in a jurisdic-
    21  tion which does not authorize such license by  a  person  who  has  been
    22  previously  convicted  of  a  felony  shall be presumed to have no prior
    23  conviction. The superintendent of state police shall annually review the
    24  laws of jurisdictions within the United States and Canada  with  respect
    25  to the applicable requirements for licensing or registration of firearms
    26  and   shall  publish  a  list  of  those  jurisdictions  which  prohibit
    27  possession of a firearm by a person previously convicted of a felony  or
    28  crimes which if committed in New York state would constitute a felony.
    29    §  7.  The  penal law is amended by adding two new sections 265.70 and
    30  265.75 to read as follows:
    31  § 265.70 Testing.
    32    1. Field testing. Every person who possesses a firearm, rifle or shot-
    33  gun which has been brandished, displayed outside a  holster,  discharged
    34  or  otherwise  used  (other  than  in the person's home, at an indoor or
    35  outdoor shooting range, or in an area where hunting  is  permitted  with
    36  the weapon), or which is possessed, displayed or discharged in violation
    37  of any provision of this chapter shall, at the request of a police offi-
    38  cer,  submit  to a breath test to be administered by the police officer,
    39  unless such person demonstrates to such  police  officer's  satisfaction
    40  that he or she is not subject to the provisions of subdivision twelve of
    41  section 265.01 of this article. If such test indicates that such posses-
    42  sor  has consumed alcohol, the police officer may request such possessor
    43  to submit to a chemical test in the manner set forth in subdivision  two
    44  of this section.
    45    2.  Chemical  tests.  (a)  When authorized. Any person who possesses a
    46  firearm, rifle or shotgun in this state, other  than  in  such  person's
    47  home, shall be deemed to have given consent to a chemical test of one or
    48  more  of the following: breath, blood, urine, or saliva, for the purpose
    49  of determining the alcoholic and/or drug content of the  blood  provided
    50  that  such test is administered by or at the direction of a police offi-
    51  cer with respect to a chemical test of breath, urine or saliva or,  with
    52  respect  to a chemical test of blood, at the direction of a police offi-
    53  cer:
    54    (1) having reasonable grounds  to  believe  such  person  possessed  a
    55  firearm,  rife  or shotgun in violation of subdivision twelve of section

        S. 7642                             9

     1  265.01 of this article and within two hours after such person  has  been
     2  placed under arrest for any such violation; or
     3    (2)  within  two hours after a breath test, as provided in subdivision
     4  one of this section, indicates that alcohol has been  consumed  by  such
     5  person  and  in accordance with the rules and regulations established by
     6  the law enforcement agency of which the officer is a member.
     7    For the purposes of this paragraph, "reasonable  grounds"  to  believe
     8  that  a  person  possessed  a  firearm, rifle or shotgun in violation of
     9  subdivision twelve of section 265.01 of this article shall be determined
    10  by viewing the totality of circumstances surrounding the incident which,
    11  when taken together, indicate that the possession violated such subdivi-
    12  sion.  Such circumstances may include any visible  or  behavioral  indi-
    13  cation  of  alcohol or drug consumption by such person, the existence of
    14  an open container containing or having contained an  alcoholic  beverage
    15  in  or  around  the  vicinity  of  such  person,  or  any other evidence
    16  surrounding the circumstances of the incident which indicates  that  the
    17  person  was  in  possession  of a firearm, rifle or shotgun after having
    18  consumed alcohol or drugs at the time of the incident.
    19    (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
    20  under arrest; or (B) after a breath test indicates the presence of alco-
    21  hol  in  the  person's  system;  and  the  person having thereafter been
    22  requested to submit to such chemical test and having been informed  that
    23  any  license  held by such person to possess a firearm, rifle or shotgun
    24  shall be subject to suspension or revocation for refusal  to  submit  to
    25  such  test  whether  or not the person is found guilty of the charge for
    26  which such person is arrested or detained, then if such  person  refuses
    27  to  submit  to such chemical test or any portion thereof, unless a court
    28  order has been granted pursuant to subdivision three  of  this  section,
    29  the  test  shall not be given and a written report of such refusal shall
    30  be immediately made by the police officer before whom such  refusal  was
    31  made.  Such  report may be verified by having the report sworn to, or by
    32  affixing to such report a form notice that false statements made therein
    33  are punishable as a class A misdemeanor pursuant to  section  210.45  of
    34  this  chapter and such form notice together with the subscription of the
    35  deponent shall constitute a verification of the report.
    36    (2) The report of  the  police  officer  shall  set  forth  reasonable
    37  grounds  to  believe such arrested person had possessed a firearm, rifle
    38  or shotgun in violation of subdivision twelve of section 265.01 of  this
    39  article,  that  said person had refused to submit to such chemical test,
    40  and that no chemical test was administered pursuant to the  requirements
    41  of  subdivision  three of this section. The report shall be presented to
    42  the court upon arraignment of an arrested person, and shall be transmit-
    43  ted by such court to the appropriate licensing authority  within  forty-
    44  eight  hours  of  the  arraignment. Such transmittal shall not be waived
    45  even with the consent of all parties.
    46    (3) The license may be temporarily suspended by such licensing author-
    47  ity pending the determination of a hearing, in accordance with the rules
    48  and procedures of such authority, for refusal to submit  to  a  test  in
    49  either the circumstances described in subdivision one of this section or
    50  the  circumstances described in subparagraph one of this paragraph.  Any
    51  such refusal may, after  such  hearing  or  if  uncontested,  constitute
    52  grounds  for  continued  suspension  or  revocation  of  such license in
    53  accordance with such rules and procedures.
    54    (4) Nothing in this section shall be deemed to restrict the discretion
    55  of any licensing authority or the discretion of any judge or justice  of
    56  a  court  of  record  under subdivision eleven of section 400.00 of this

        S. 7642                            10

     1  chapter to suspend or revoke a license because of an  alleged  violation
     2  of  subdivision  twelve  of  section  265.01 of this article, or for any
     3  other reason other than refusal to submit to a test as required by  this
     4  subdivision or subdivision one of this section.
     5    (c)  Regulations.  A licensing authority or law enforcement agency may
     6  promulgate such rules and regulations as may be necessary to  effectuate
     7  the provisions of this subdivision and subdivision one of this section.
     8    (d) Evidence. Evidence of a refusal to submit to such chemical test or
     9  any  portion  thereof  shall  be  admissible in any trial, proceeding or
    10  hearing based upon an alleged violation of the provisions of subdivision
    11  twelve of section 265.01 of this article but only upon  a  showing  that
    12  the  person  was  given  sufficient  warning,  in  clear and unequivocal
    13  language, of the effect of such refusal and that the person persisted in
    14  the refusal. Such showing shall be satisfied by submission of a verified
    15  report of refusal as provided in subparagraph one of  paragraph  (b)  of
    16  this  subdivision  containing  a statement that such person was informed
    17  that his or her license shall be subject  to  suspension  or  revocation
    18  whether  or  not the person is found guilty of the charge for which such
    19  person is arrested or detained if such person refuses to submit to  such
    20  test.
    21    (e)  Results.  Upon  the  request  of  the  person who was tested, the
    22  results of such test shall be made available to such person.
    23    3. Compulsory  chemical  tests.  (a)  Court  ordered  chemical  tests.
    24  Notwithstanding  the  provisions  of subdivision two of this section, no
    25  person subject to the provisions of subdivision twelve of section 265.01
    26  of this article who possesses a firearm, rifle or shotgun (other than in
    27  the person's home, at an indoor or outdoor shooting range,  or  an  area
    28  where  hunting  is  permitted with the weapon) may refuse to submit to a
    29  chemical test of one or more of the following: breath, blood,  urine  or
    30  saliva, for the purpose of determining the alcoholic and/or drug content
    31  of  the  blood when a court order for such chemical test has been issued
    32  in accordance with the provisions of this subdivision.
    33    (b) When authorized. Upon refusal by any person to submit to a  chemi-
    34  cal  test  or  any portion thereof as described in paragraph (a) of this
    35  subdivision, the test shall not be given unless a police  officer  or  a
    36  district  attorney, as defined in subdivision thirty-two of section 1.20
    37  of the criminal procedure law, requests and obtains  a  court  order  to
    38  compel  a person to submit to a chemical test to determine the alcoholic
    39  or drug content of the person's blood upon a finding of reasonable cause
    40  to believe that:
    41    (1) such person possessed a  firearm,  rifle  or  shotgun  with  which
    42  another person was killed or suffered physical injury; and
    43    (2)  (A) either such person possessed the firearm, rifle or shotgun in
    44  violation of subdivision twelve of section 265.01 of this article, or
    45    (B) a breath test administered by a police officer in accordance  with
    46  subdivision one of this section indicates that alcohol has been consumed
    47  by such person; and
    48    (3) such person has been placed under lawful arrest; and
    49    (4)  such  person  has  refused  to  submit  to a chemical test or any
    50  portion thereof, requested in accordance with the  provisions  of  para-
    51  graph  (a)  of  subdivision  two  of  this  section or is unable to give
    52  consent to such a test.
    53    (c) Reasonable cause; definition. For the purpose of this  subdivision
    54  "reasonable  cause"  shall  be  determined  by  viewing  the totality of
    55  circumstances surrounding the incident which, when taken together, indi-
    56  cate that the person possessed a firearm, rifle or shotgun in  violation

        S. 7642                            11

     1  of  subdivision  twelve  of section 265.01 of this article. Such circum-
     2  stances may include, but are not limited to: evidence that  such  person
     3  was  brandishing  or using the firearm, rifle or shotgun in violation of
     4  any  provision of this chapter or committing any other crime at the time
     5  of the incident; any visible indication of alcohol or  drug  consumption
     6  or  impairment  by  such  person;  the  existence  of  an open container
     7  containing an alcoholic beverage in  or  around  the  vicinity  of  such
     8  person; or any other evidence surrounding the circumstances of the inci-
     9  dent which indicates that the person possessed a firearm, rifle or shot-
    10  gun while impaired by the consumption of alcohol or drugs or was intoxi-
    11  cated at the time of the incident.
    12    (d)  Court  order;  procedure. (1) An application for a court order to
    13  compel submission to a chemical test or any portion thereof, may be made
    14  to any supreme court justice, county court judge or district court judge
    15  in the judicial district in which the incident occurred, or if the inci-
    16  dent occurred in the city of New York before any supreme  court  justice
    17  or  judge  of the criminal court of the city of New York.  Such applica-
    18  tion may be communicated by telephone, radio or other means of electron-
    19  ic communication, or in person.
    20    (2) The applicant must provide identification by name  and  title  and
    21  must  state the purpose of the communication. Upon being advised that an
    22  application for a court order to compel submission to a chemical test is
    23  being made, the court shall place under oath the applicant and any other
    24  person providing information in support of the application  as  provided
    25  in subparagraph three of this paragraph. After being sworn the applicant
    26  must  state  that  the  person from whom the chemical test was requested
    27  possessed a firearm, rifle or shotgun  with  which  another  person  was
    28  killed  or  physically  injured  and, based upon the totality of circum-
    29  stances, there is reasonable cause to believe that such person possessed
    30  a firearm, rifle or  shotgun  in  violation  of  subdivision  twelve  of
    31  section  265.01  of this article or a breath test indicated that alcohol
    32  had been consumed by such person and, after being  placed  under  lawful
    33  arrest  such  person refused to submit to a chemical test or any portion
    34  thereof, in accordance with the provisions of this section or is  unable
    35  to  give  consent  to  such a test or any portion thereof. The applicant
    36  must make specific allegations of fact to support  such  statement.  Any
    37  other  person properly identified, may present sworn allegations of fact
    38  in support of the applicant's statement.
    39    (3) Upon being advised that an oral application for a court  order  to
    40  compel  a  person to submit to a chemical test is being made, a judge or
    41  justice shall place under  oath  the  applicant  and  any  other  person
    42  providing  information in support of the application. Such oath or oaths
    43  and all of the remaining communication must be recorded, either by means
    44  of a voice recording device or verbatim stenographic or  verbatim  long-
    45  hand notes. If a voice recording device is used or a stenographic record
    46  made, the judge must have the record transcribed, certify to the accura-
    47  cy  of  the transcription and file the original record and transcription
    48  with the court within seventy-two hours of the  issuance  of  the  court
    49  order. If longhand notes are taken, the judge shall subscribe a copy and
    50  file  it  with the court within twenty-four hours of the issuance of the
    51  order.
    52    (4) If the court is satisfied that the requirements for  the  issuance
    53  of  a  court  order  pursuant to the provisions of paragraph (b) of this
    54  subdivision have been met, it may grant the  application  and  issue  an
    55  order  requiring  the  accused to submit to a chemical test to determine
    56  the alcoholic and/or drug content of his or her blood and  ordering  the

        S. 7642                            12

     1  withdrawal  of a blood sample in accordance with the provisions of para-
     2  graph (a) of subdivision four of this section. When a judge  or  justice
     3  determines  to  issue  an  order to compel submission to a chemical test
     4  based  on  an oral application, the applicant therefor shall prepare the
     5  order in accordance with the instructions of the judge or justice.    In
     6  all  cases  the  order  shall  include  the name of the issuing judge or
     7  justice, the name of the applicant, and the date and time it was issued.
     8  It must be signed by the judge or justice if issued in person, or by the
     9  applicant if issued orally.
    10    (5) Any false statement by an applicant or any other person in support
    11  of an application for a court order shall subject  such  person  to  the
    12  offenses  for perjury set forth in article two hundred ten of this chap-
    13  ter.
    14    (6) The chief administrator of the courts shall establish  a  schedule
    15  to provide that a sufficient number of judges or justices will be avail-
    16  able  in  each  judicial  district  to  hear oral applications for court
    17  orders as permitted by this section.
    18    (e) Administration of compulsory chemical test. An order issued pursu-
    19  ant to the provisions of this subdivision shall require that a  chemical
    20  test  to  determine the alcoholic and/or drug content of the possessor's
    21  blood must be administered. The provisions of paragraphs  (a),  (b)  and
    22  (c) of subdivision four of this section shall be applicable to any chem-
    23  ical test administered pursuant to this section.
    24    4. Testing procedures. (a) Persons authorized to withdraw blood; immu-
    25  nity;  testimony.  (1) At the request of a police officer, the following
    26  persons may withdraw blood for the purpose of determining the  alcoholic
    27  and/or  drug content therein: (A) a physician, a registered professional
    28  nurse or a registered physician assistant; or (B) under the  supervision
    29  and  at the direction of a physician: a medical laboratory technician or
    30  medical technologist as classified by civil service; a phlebotomist;  an
    31  advanced  emergency medical technician as certified by the department of
    32  health; or a  medical  laboratory  technician  or  medical  technologist
    33  employed  by  a clinical laboratory approved under title five of article
    34  five of the public health law. This limitation shall not  apply  to  the
    35  taking of a urine, saliva or breath specimen.
    36    (2)  No person entitled to withdraw blood pursuant to subparagraph one
    37  of this paragraph or  hospital  employing  such  person,  and  no  other
    38  employer of such person shall be sued or held liable for any act done or
    39  omitted  in  the  course of withdrawing blood at the request of a police
    40  officer pursuant to this section.
    41    (3) Any person who may have a cause of action arising from  the  with-
    42  drawal  of  blood  as  aforesaid, for which no personal liability exists
    43  under subparagraph two of  this  paragraph,  may  maintain  such  action
    44  against  the  state if any person entitled to withdraw blood pursuant to
    45  this paragraph acted at the request of a police officer employed by  the
    46  state,  or against the appropriate political subdivision of the state if
    47  such person acted at the request of a police officer employed by a poli-
    48  tical subdivision of the state. No action shall be  maintained  pursuant
    49  to  this  subparagraph unless notice of claim is duly filed or served in
    50  compliance with law.
    51    (4) Notwithstanding the foregoing  provisions  of  this  paragraph  an
    52  action may be maintained by the state or a political subdivision thereof
    53  against a person entitled to withdraw blood pursuant to subparagraph one
    54  of  this  paragraph  or  hospital employing such person for whose act or
    55  omission the state or the political subdivision  has  been  held  liable
    56  under  this  paragraph  to  recover  damages,  not  exceeding the amount

        S. 7642                            13

     1  awarded to the claimant, that may have been sustained by  the  state  or
     2  the  political subdivision by reason of gross negligence or bad faith on
     3  the part of such person.
     4    (5)  The  testimony  of any person other than a physician, entitled to
     5  withdraw blood pursuant  to  subparagraph  one  of  this  paragraph,  in
     6  respect  to  any  such  withdrawal  of  blood made by such person may be
     7  received in evidence with the same weight, force and effect as  if  such
     8  withdrawal of blood were made by a physician.
     9    (6)  The provisions of subparagraphs two, three and four of this para-
    10  graph shall also apply with regard to any person employed by a  hospital
    11  as security personnel for any act done or omitted in the course of with-
    12  drawing  blood  at  the  request of a police officer pursuant to a court
    13  order in accordance with subdivision three of this section.
    14    (b) Right to additional test. The person tested shall be permitted  to
    15  choose  a physician to administer a chemical test in addition to the one
    16  administered at the direction of the police officer.
    17    (c) Rules and regulations. The rules and  regulations  issued  by  the
    18  department  of  health  pursuant to paragraph (c) of subdivision four of
    19  section eleven hundred ninety-four of the vehicle and traffic law  shall
    20  also  apply to analyses under this section. If the analyses were made by
    21  an individual possessing a permit issued by the  department  of  health,
    22  this  shall  be  presumptive  evidence that the examination was properly
    23  given. The provisions of this paragraph do not prohibit the introduction
    24  as evidence of an analysis made by an individual  other  than  a  person
    25  possessing a permit issued by the department of health.
    26    5. Definitions. For the purposes of this section:
    27    (a)  "License"  means and includes licenses issued pursuant to section
    28  400.00 of this chapter, and any permit issued by a county, city, town or
    29  village pursuant to a local law, code or ordinance which  restricts  the
    30  possession and purchase of rifles and shotguns.
    31    (b)  "Licensing authority" means the licensing officer or agency which
    32  issues a license.
    33  § 265.75 Chemical test evidence.
    34    1. Admissibility. Upon the trial of any action or  proceeding  arising
    35  out of actions alleged to have been committed by any person arrested for
    36  a violation of subdivision twelve of section 265.01 of this article, the
    37  court  shall  admit  evidence  of  the amount of alcohol or drugs in the
    38  defendant's blood as shown  by  a  test  administered  pursuant  to  the
    39  provisions of section 265.70 of this article.
    40    2. Probative value. The following effect shall be given to evidence of
    41  blood-alcohol content, as determined by such tests, of a person arrested
    42  for violation of subdivision twelve of section 265.01 of this article:
    43    (a) Evidence that there was .05 of one per centum or less by weight of
    44  alcohol  in  such  person's blood shall be prima facie evidence that the
    45  ability of such person to safely possess a firearm, rifle or shotgun was
    46  not impaired by the consumption of alcohol, and that such person was not
    47  in an intoxicated condition;
    48    (b) Evidence that there was more than .05 of one per centum  but  less
    49  than  .07  of one per centum by weight of alcohol in such person's blood
    50  shall be prima facie evidence that such person was not in an intoxicated
    51  condition, but such evidence shall be relevant evidence, but  shall  not
    52  be  given prima facie effect, in determining whether the ability of such
    53  person to safely possess a firearm, rifle or shotgun was impaired by the
    54  consumption of alcohol; and
    55    (c) Evidence that there was .07 of one per centum  or  more  but  less
    56  than  .08  of one per centum by weight of alcohol in such person's blood

        S. 7642                            14

     1  shall be prima facie evidence that such person was not in an intoxicated
     2  condition, but such evidence shall be given prima facie effect in deter-
     3  mining whether the ability of such person to safely possess  a  firearm,
     4  rifle or shotgun was impaired by the consumption of alcohol.
     5    3.  Suppression.  A  defendant  who  has been compelled to submit to a
     6  chemical test pursuant to the provisions of subdivision three of section
     7  265.70 of this article may move for the suppression of such evidence  in
     8  accordance  with article seven hundred ten of the criminal procedure law
     9  on the grounds that the order was obtained and the test administered  in
    10  violation  of the provisions of such subdivision or any other applicable
    11  law.
    12    § 8. Paragraph (a) of subdivision 11 of section 400.00  of  the  penal
    13  law,  as  amended by chapter 371 of the laws of 2022, is amended to read
    14  as follows:
    15    (a) The conviction of a licensee  anywhere  of  a  felony  or  serious
    16  offense  or  a  licensee  at  any  time  becoming ineligible to obtain a
    17  license, including engaging in conduct that would have resulted  in  the
    18  denial  of  a license, under this section shall operate as or be grounds
    19  for, a revocation of the license.  A license may be revoked or suspended
    20  as provided for in subdivision two of section 265.70  of  this  chapter,
    21  section  530.14  of  the criminal procedure law or section eight hundred
    22  forty-two-a of the family court act. Except for a license issued  pursu-
    23  ant  to  section  400.01  of  this article, a license may be revoked and
    24  cancelled at any time in the city of New York, and in  the  counties  of
    25  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
    26  city of New York by any judge or justice of a court of record; a license
    27  issued pursuant to section 400.01 of this article  may  be  revoked  and
    28  cancelled  at  any time by the licensing officer or any judge or justice
    29  of a court of record. A license to engage in the business of dealer  may
    30  be  revoked  or suspended for any violation of the provisions of article
    31  thirty-nine-BB of the general business  law.  The  official  revoking  a
    32  license  shall  give written notice thereof without unnecessary delay to
    33  the executive department, division of state police,  Albany,  and  shall
    34  also  notify  immediately the duly constituted police authorities of the
    35  locality. The licensing officer shall revoke any license issued in which
    36  an applicant knowingly made a material false statement on  the  applica-
    37  tion.  Notice  of a revocation under this subdivision shall be issued in
    38  writing and shall include the basis for the determination,  which  shall
    39  be  supported by a preponderance of the evidence. Such notice shall also
    40  include information regarding the ability to  appeal  such  decision  in
    41  accordance with subdivision four-a of this section.
    42    § 9. This act shall take effect on the one hundred eightieth day after
    43  it  shall  have  become  a  law.    Provided, however, that any actions,
    44  including but not limited to the promulgation of rules and  regulations,
    45  necessary  to implement the provisions of this act on its effective date
    46  are authorized and directed to be made and completed on or  before  such
    47  date.