|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2015||referred to codes|
senate Bill S4058
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4058 (ACTIVE) - Details
S4058 (ACTIVE) - 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.
S4058 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4058 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the suspension of a firearm license for up to a one year period where the licensee is found to be under the influence of alcohol or a controlled substance while in possession of a loaded firearm in a public place or where the licensee refuses to submit to a chemical test by a police officer who has reasonable grounds to believe that such a violation has occurred. SUMMARY OF SPECIFIC PROVISIONS: Section 1 contains a declaration of legislative intent. Section 2 amends section 400.00(1) of the penal law to make a person whose firearm license is under suspension for possessing a firearm in a public place while under the influence of alcohol or drugs ineligible for the issuance or renewal of a firearm license. Section 3 amends section 400.00 (11) of the penal law to revoke the
S4058 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4058 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ 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 1 of the laws of 2013, 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 inves- tigation 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 apply; (b) of good moral character; (c) who has not been convicted EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09177-01-5
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