senate Bill S650

2011-2012 Legislative Session

Establishes procedure for the suspension and revocation of license to carry and possess firearm if carrying while under the influence of alcohol or drugs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S650 - Details

Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; add §837-s, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S132

S650 - Summary

Establishes procedure for the suspension and revocation of license to carry and possess a firearm if a person carries loaded firearm on person in a public place while under the influence of alcohol or drugs, or if a person who is so charged refuses to submit to a chemical test to determine the alcohol or drug levels in blood; requires person to successfully complete an alcohol and drug rehabilitation program as a condition of the suspension.

S650 - Sponsor Memo

S650 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   650

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

AN ACT to amend the penal law and the executive law, in relation to  the
  possession of a firearm while under the influence of alcohol or drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that  the  serious and dangerous consequences which may result
when persons otherwise lawfully in possession of a firearm are under the
influence of alcohol or a  controlled  substance  demand  immediate  and
forthwith  state  action. There is no compelling reason to permit such a
person to retain the privilege to carry and possess a  firearm,  knowing
full  well  the  dire consequences which may occur when alcohol or drugs
and firearms are combined.   Therefore, in enacting  the  provisions  of
this  act,  the  state  takes  the  extraordinary step of suspending the
license to carry and possess a firearm of any person found to  be  under
the influence of alcohol or a controlled substance while actually carry-
ing  a  loaded firearm on his or her person in a public place, or who if
charged with such activity refuses to  submit  to  a  chemical  test  to
determine the alcohol or drug content of his or her blood.
  S  2.  Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-
gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where such applicant has  been  honorably  discharged  from  the  United
States  army,  navy,  marine  corps,  air  force  or coast guard, or the
national guard of the state of New York, no such age  restriction  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.