senate Bill S704

2013-2014 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

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S704 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; add §837-s, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S650
2009-2010: S132

S704 - 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.

S704 - Sponsor Memo

S704 - Bill Text download pdf

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

                                   704

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

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