Senate Bill S7642

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7642
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Subdivision 1 of section 80.05 of the penal law, as amended
 by chapter 669 of the laws of 1984, is amended to read as follows:
   1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
 meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
 exceeding one thousand  dollars,  provided,  however,  that  a  sentence
 imposed for a violation of:
   (A)  section  215.80  of  this chapter may include a fine in an amount
 equivalent to double the value of the property unlawfully disposed of in
 the commission of the crime; AND
   (B) SUBDIVISION TWELVE OF SECTION 265.01 OF THIS CHAPTER MAY INCLUDE A
 FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS.
   § 2. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36. "DRUG" MEANS ANY CONTROLLED SUBSTANCE LISTED  IN  SECTION  THIRTY-
 THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 3. Subdivision 3 of section 265.01 of the penal law is REPEALED.
   § 4. Subdivisions 4, 5, 6, 7 and 8 of section 265.01 of the penal law,
 subdivisions  4, 5, 6 and 7 as amended by chapter 1 of the laws of 2013,
 subdivision 8 as amended by chapter 520 of the laws of 2021, are amended
 and a new subdivision 12 is added to read as follows:
   (4) He OR SHE possesses  a  rifle,  shotgun,  antique  firearm,  black
 powder  rifle,  black powder shotgun, or any muzzle-loading firearm, and
 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
 
   (5) He OR SHE possesses any dangerous or deadly weapon and  is  not  a
 citizen of the United States; or
   (6)  He  OR  SHE  is  a  person who has been certified not suitable to
 possess a rifle or shotgun, as defined in subdivision sixteen of section
 265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or
 shotgun upon the demand of a police officer. Whenever a person is certi-
 fied not suitable to possess a rifle or shotgun, a member of the  police
 department  to which such certification is made, or of the state police,
 shall forthwith seize any rifle or shotgun possessed by such  person.  A
 rifle  or  shotgun seized as herein provided shall not be destroyed, but
 shall be delivered to the headquarters of  such  police  department,  or
 state  police,  and  there  retained until the aforesaid certificate has
 been rescinded by the director or physician in charge, or other disposi-
 tion of such rifle or shotgun has been ordered or authorized by a  court
 of competent jurisdiction[.]; OR
   (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
 substance designed to detonate upon impact[.]; OR
   (8) Such person possesses any armor piercing ammunition with intent to
 use the same unlawfully against another[.]; OR
   (12) (A) HE OR SHE POSSESSES A FIREARM, RIFLE OR  SHOTGUN  OUTSIDE  OF
 HIS OR HER HOME WHILE:
   (I) HE OR SHE IS IN AN INTOXICATED CONDITION; OR
   (II)  HE OR SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL
 IN THE PERSON'S BLOOD AS SHOWN BY CHEMICAL  ANALYSIS  OF  SUCH  PERSON'S
 BLOOD,  BREATH, URINE OR SALIVA, MADE PURSUANT TO SECTION 265.70 OF THIS
 ARTICLE; OR
   (III) HIS OR HER ABILITY TO SAFELY  POSSESS  SUCH  FIREARM,  RIFLE  OR
 SHOTGUN IS IMPAIRED BY CONSUMPTION OF ALCOHOL; OR
   (IV) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT-
 GUN IS IMPAIRED BY USE OF ANY DRUG; OR
   (V)  HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT-
 GUN IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY
 DRUG OR DRUGS.
   (B) A PERSON MAY BE CONVICTED OF A VIOLATION OF SUBPARAGRAPH (I), (II)
 OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, NOTWITHSTANDING THAT  THE
 CHARGE  LAID BEFORE THE COURT ALLEGED A VIOLATION OF SUBPARAGRAPH (I) OR
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AND REGARDLESS OF WHETHER  OR
 NOT SUCH CONVICTION IS BASED ON A PLEA OF GUILTY.
   §  5. Subdivisions 9 and 10 of section 265.01 of the penal law, subdi-
 vision 9 as amended by chapter 149 of the laws of 2022,  subdivision  10
 as  amended  by  chapter 94 of the laws of 2022, are renumbered subdivi-
 sions 10 and 11 and are amended to read as follows:
   (10) Such person is not licensed as a gunsmith or a dealer in firearms
 pursuant to section 400.00 of this chapter and, knowing it  is  a  ghost
 gun, such person possesses a ghost gun, provided that a person shall not
 be  guilty under this subdivision when he or she (a) voluntarily surren-
 ders such ghost gun to any law enforcement official designated  pursuant
 to  subparagraph  (f)  of  paragraph  one  of subdivision (a) of section
 265.20 of this article; or (b) for a period  of  six  months  after  the
 effective date of this section possesses a ghost gun prior to serializa-
 tion  and  registration  of such ghost gun pursuant to section 265.07 of
 this article[.]; OR
   (11) Such person is not licensed as a gunsmith or dealer  in  firearms
 pursuant to section 400.00 of this chapter and, knowing it is an unseri-
 alized  frame  or  receiver or unfinished frame or receiver, such person
 possesses an unserialized frame  or  receiver  or  unfinished  frame  or
 S. 7642                             3
 
 receiver,  provided  that for a period of six months after the effective
 date of this subdivision, a person shall not be guilty under this subdi-
 vision when such person: (a) voluntarily  surrenders  such  unserialized
 frame or receiver or unfinished frame or receiver to any law enforcement
 official  designated  pursuant  to  subparagraph (f) of paragraph one of
 subdivision (a) of section 265.20 of this article; or (b) possesses such
 unserialized frame or receiver or unfinished frame or receiver prior  to
 serialization of such unserialized frame or receiver or unfinished frame
 or  receiver  in  accordance  with  the requirements imposed on licensed
 importers and licensed  manufacturers  pursuant  to  subsection  (i)  of
 Section 923 of Title 18 of the United States Code and regulations issued
 pursuant  thereto, except for antique firearms as defined in subdivision
 fourteen of section 265.00 of this article, as  added  by  chapter  nine
 hundred  eighty-six of the laws of nineteen hundred seventy-four, or any
 firearm, rifle or shotgun manufactured prior to nineteen hundred  sixty-
 eight[.]; OR
   §  6.  Paragraphs  3, 3-a, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10,
 12, 13 and 13-a of subdivision a of section 265.20 of the    penal  law,
 paragraph  3  as  amended and paragraph 7-f as added by chapter 1 of the
 laws of 2013, paragraph 3-a as added by chapter 371 of the laws of 2022,
 paragraph 4 as amended by section 10 of part EE of  chapter  55  of  the
 laws of 2014, paragraph 5 as amended by chapter 235 of the laws of 2007,
 paragraph 7 as amended by chapter 150 of the laws of 2020, paragraph 7-a
 as  amended by chapter 210 of the laws of 1999, paragraph 7-b as amended
 by chapter 511 of the laws of 2014, paragraph 7-e as amended by  chapter
 281  of  the  laws of 2006, paragraph 8 as amended by chapter 130 of the
 laws of 2019, paragraphs 9 and 10 as amended by chapter 1041 of the laws
 of 1974, paragraph 9-a as amended by chapter 608 of the  laws  of  1984,
 paragraph 12 as added by chapter 90 of the laws of 1979, paragraph 13 as
 amended  by  chapter 150 of the laws of 1988 and paragraph 13-a as added
 by chapter 370 of the laws of 1986, are amended to read as follows:
   3. Possession of a pistol or revolver by a person to  whom  a  license
 therefor  has  been issued as provided under section 400.00 or 400.01 of
 this chapter or possession of a weapon as defined in  paragraph  (e)  or
 (f) of subdivision twenty-two of section 265.00 of this article which is
 registered pursuant to paragraph (a) of subdivision sixteen-a of section
 400.00  of  this  chapter  or  is  included on an amended license issued
 pursuant to section 400.00 of this chapter. In the event such license is
 revoked, other than because such licensee  is  no  longer  permitted  to
 possess a firearm, rifle or shotgun under federal or state law, informa-
 tion  sufficient to satisfy the requirements of subdivision sixteen-a of
 section 400.00 of this chapter, shall be transmitted  by  the  licensing
 officer  to the state police, in a form as determined by the superinten-
 dent of state police. Such transmission shall constitute a valid  regis-
 tration  under such section. Further provided, notwithstanding any other
 section of this title, a failure to register such weapon by an  individ-
 ual who possesses such weapon before the enactment of the chapter of the
 laws  of  two  thousand thirteen which amended this paragraph and may so
 lawfully possess it thereafter upon registration, shall only be  subject
 to  punishment  pursuant  to  paragraph  (c) of subdivision sixteen-a of
 section 400.00 of this chapter; provided, that such a license or  regis-
 tration  shall not preclude a conviction for [the] AN offense defined in
 subdivision [three] TWELVE of section 265.01 of this article or  section
 265.01-a of this article.
   3-a.  Possession  of a pistol or revolver by a person undergoing live-
 fire range training pursuant to section 400.00  of  this  chapter  while
 S. 7642                             4
 
 such  person  is  undergoing  such  training and is supervised by a duly
 authorized instructor; PROVIDED THAT SUCH POSSESSION IN ACCORDANCE  WITH
 THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISION OF OR
 A  CONVICTION  OF  THE  OFFENSE DEFINED IN SUBDIVISION TWELVE OF SECTION
 265.01 OF THIS ARTICLE.
   4. Possession of a rifle, shotgun, crossbow or longbow for  use  while
 hunting,  trapping  or fishing, by a person, not a citizen of the United
 States, carrying a valid license issued pursuant to section  11-0713  of
 the  environmental  conservation  law;  PROVIDED THAT SUCH POSSESSION IN
 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
 PROVISION OF OR A CONVICTION  OF  THE  OFFENSE  DEFINED  IN  SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   5.  Possession  of  a rifle or shotgun by a person other than a person
 who has been convicted of  a  class  A-I  felony  or  a  violent  felony
 offense, as defined in subdivision one of section 70.02 of this chapter,
 who  has  been  convicted  as  specified  in subdivision four of section
 265.01 OF THIS ARTICLE to whom a certificate of good  conduct  has  been
 issued  pursuant to section seven hundred three-b of the correction law;
 PROVIDED THAT SUCH POSSESSION IN ACCORDANCE WITH  THIS  PARAGRAPH  SHALL
 NOT  PRECLUDE THE APPLICATION OF THE PROVISION OF OR A CONVICTION OF THE
 OFFENSE DEFINED IN SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   7. Possession, at an indoor or outdoor shooting range for the  purpose
 of  loading  and  firing, of a rifle or shotgun, the propelling force of
 which is gunpowder by a person under sixteen years of age but not  under
 twelve, under the immediate supervision, guidance and instruction of (a)
 a  duly commissioned officer of the United States army, navy, air force,
 marine corps or coast guard, or of the national guard of  the  state  of
 New York; or (b) a duly qualified adult citizen of the United States who
 has  been  granted a certificate as an instructor in small arms practice
 issued by the United States army, navy, air force or marine corps, or by
 the adjutant general of this state, by the national rifle association of
 America, a not-for-profit corporation duly organized under the  laws  of
 this  state,  or  by  a  New  York  state  4-H certified shooting sports
 instructor; or (c) a parent, guardian, or a person over the age of eigh-
 teen designated in writing by such parent or guardian who shall  have  a
 certificate  of  qualification in responsible hunting, including safety,
 ethics, and landowner relations-hunter relations, issued or  honored  by
 the  department  of  environmental  conservation; or (d) an agent of the
 department of environmental conservation appointed to conduct courses in
 responsible hunting practices pursuant to article eleven of the environ-
 mental conservation law; PROVIDED THAT  SUCH  POSSESSION  IN  ACCORDANCE
 WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS
 OF  OR  A  CONVICTION  OF  THE  OFFENSE DEFINED IN SUBDIVISION TWELVE OF
 SECTION 265.01 OF THIS ARTICLE.
   7-a. Possession and use, at an indoor or outdoor pistol range  located
 in  or on premises owned or occupied by a duly incorporated organization
 organized for conservation purposes or to foster  proficiency  in  small
 arms or at a target pistol shooting competition under the auspices of or
 approved  by  the  national rifle association for the purpose of loading
 and firing the same, by a person duly licensed to possess  a  pistol  or
 revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
 pistol or revolver duly so licensed to another person who is present  at
 the  time; PROVIDED THAT SUCH POSSESSION AND USE IN ACCORDANCE WITH THIS
 PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF  OR  A
 CONVICTION  OF  THE  OFFENSE  DEFINED  IN  SUBDIVISION TWELVE OF SECTION
 265.01 OF THIS ARTICLE.
 S. 7642                             5
 
   7-b. Possession and use, at an indoor or outdoor pistol range  located
 in  or on premises owned or occupied by a duly incorporated organization
 organized for conservation purposes or to foster  proficiency  in  small
 arms or at a target pistol shooting competition under the auspices of or
 approved  by  the  national rifle association for the purpose of loading
 and firing the same, by a person  who  has  applied  for  a  license  to
 possess a pistol or revolver and pre-license possession of same pursuant
 to section 400.00 or 400.01 of this chapter, who has not been previously
 denied  a  license,  been  previously  convicted  of a felony or serious
 offense, and who does not appear to be, or pose a threat to be, a danger
 to himself or to others, and who has been approved  for  possession  and
 use  herein in accordance with section 400.00 or 400.01 of this chapter;
 provided however, (A) that such possession AND USE shall be of a  pistol
 or  revolver  duly  licensed to and shall be used under the supervision,
 guidance and instruction of, a person specified in  paragraph  seven  of
 this  subdivision  [and  provided further that], (B) such possession and
 use be within the jurisdiction of the licensing officer  with  whom  the
 person  has  made application therefor or within the jurisdiction of the
 superintendent of state police in the case of a retired sworn member  of
 the division of state police who has opted to make an application pursu-
 ant  to  section 400.01 of this chapter, AND (C) SUCH POSSESSION AND USE
 IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION  OF
 THE  PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
 outdoor  pistol  range  located in or on premises owned or occupied by a
 duly incorporated organization organized for conservation purposes or to
 foster proficiency in small arms or at a target pistol shooting competi-
 tion under the auspices of or approved by an association or organization
 described in paragraph [7-a] SEVEN-A of this subdivision for the purpose
 of loading and firing the same by a person at least  fourteen  years  of
 age  but  under  the  age  of  twenty-one  who  has  not been previously
 convicted of a felony or serious offense, and who does not appear to be,
 or pose a threat to be, a danger to himself OR  HERSELF  or  to  others;
 provided  however, that such possession shall be of a pistol or revolver
 duly licensed to and shall be  used  under  the  immediate  supervision,
 guidance  and  instruction  of, a person specified in paragraph seven of
 this subdivision; AND PROVIDED, FURTHER, THAT SUCH POSSESSION AND USE IN
 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
 PROVISIONS OF OR A CONVICTION OF  THE  OFFENSE  DEFINED  IN  SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   7-f.  Possession  and  use  of a magazine, belt, feed strip or similar
 device, that contains more than seven rounds  of  ammunition,  but  that
 does  not  have a capacity of or can readily be restored or converted to
 accept more than ten rounds of  ammunition,  at  an  indoor  or  outdoor
 firing  range  located  in  or  on  premises owned or occupied by a duly
 incorporated organization organized  for  conservation  purposes  or  to
 foster proficiency in arms; at an indoor or outdoor firing range for the
 purpose of firing a rifle or shotgun; at a collegiate, olympic or target
 shooting  competition  under the auspices of or approved by the national
 rifle association; or at an organized match sanctioned by  the  Interna-
 tional  Handgun  Metallic  Silhouette  Association;  PROVIDED  THAT SUCH
 POSSESSION AND USE IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT  PRECLUDE
 THE  APPLICATION  OF  THE  PROVISIONS  OF OR A CONVICTION OF THE OFFENSE
 DEFINED IN SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE.
 S. 7642                             6
 
   8. The manufacturer of machine-guns, firearm silencers, assault  weap-
 ons,  large capacity ammunition feeding devices, rapid-fire modification
 devices, disguised guns, pilum ballistic knives, switchblade or  gravity
 knives, billies or blackjacks as merchandise, or as a transferee recipi-
 ent of the same for repair, lawful distribution or research and develop-
 ment,  and  the  disposal  and  shipment  thereof  direct to a regularly
 constituted or appointed state or municipal police department,  sheriff,
 police  officer or other peace officer, or to a state prison, penitenti-
 ary, workhouse, county jail or other institution for  the  detention  of
 persons  convicted  or accused of crime or held as witnesses in criminal
 cases, or to the military service of this state or of the United States;
 or for the repair and return of the same to the lawful possessor or  for
 research  and  development;  PROVIDED  THAT STATUS AS A MANUFACTURER, OR
 DISPOSAL AND SHIPMENT  IN  ACCORDANCE  WITH  THIS  PARAGRAPH  SHALL  NOT
 PRECLUDE  THE  APPLICATION OF THE   PROVISIONS OF OR A CONVICTION OF THE
 OFFENSE DEFINED IN SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   9. The regular and ordinary  transport  of  firearms  as  merchandise,
 provided  that  the  person  transporting such firearms, where he OR SHE
 knows or has reasonable means of ascertaining what he OR SHE  is  trans-
 porting,  notifies  in  writing the police commissioner, police chief or
 other law enforcement officer performing such functions at the place  of
 delivery,  of  the  name  and  address of the consignee and the place of
 delivery, and withholds delivery to the consignee  for  such  reasonable
 period of time designated in writing by such police commissioner, police
 chief  or other law enforcement officer as such official may deem neces-
 sary for investigation as to whether the consignee may lawfully  receive
 and  possess  such  firearms,  PROVIDED, FURTHER, THAT SUCH TRANSPORT IN
 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE
 PROVISIONS OF OR A CONVICTION OF  THE  OFFENSE  DEFINED  IN  SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   9-a. a. Except as provided in [subdivision] SUBPARAGRAPH b [hereof] OF
 THIS  PARAGRAPH, the regular and ordinary transport of pistols or revol-
 vers by a manufacturer of firearms to whom a  license  as  a  dealer  in
 firearms  has been issued pursuant to section 400.00 of this chapter, or
 by an agent or employee of such manufacturer of firearms who  is  other-
 wise duly licensed to carry a pistol or revolver and who is duly author-
 ized in writing by such manufacturer of firearms to transport pistols or
 revolvers  on the date or dates specified, directly between places where
 the manufacturer of firearms regularly conducts business  provided  such
 pistols  or  revolvers  are  transported  unloaded,  in  a locked opaque
 container, PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND SHIP-
 MENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE  THE  APPLICA-
 TION  OF  THE  PROVISIONS  OF  OR A CONVICTION OF THE OFFENSE DEFINED IN
 SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE.   For purposes  of
 this  [subdivision] PARAGRAPH, places where the manufacturer of firearms
 regularly conducts business [includes] INCLUDE, but [is] ARE not limited
 to places where the manufacturer of firearms  regularly  or  customarily
 conducts  development or design of pistols or revolvers, or regularly or
 customarily conducts tests on pistols  or  revolvers,  or  regularly  or
 customarily participates in the exposition of firearms to the public.
   b.  The  transportation  of  such pistols or revolvers into, out of or
 within the city of New York may be done only with  the  consent  of  the
 police commissioner of the city of New York. To obtain such consent, the
 manufacturer  must notify the police commissioner in writing of the name
 and address of the transporting manufacturer, or agent  or  employee  of
 the  manufacturer  who  is authorized in writing by such manufacturer to
 S. 7642                             7
 
 transport pistols or revolvers, the number, make and model number of the
 firearms to be transported and the place where the manufacturer regular-
 ly conducts business within the city of New York and such other informa-
 tion  as  the commissioner may deem necessary. The manufacturer must not
 transport such pistols and revolvers between the  designated  places  of
 business for such reasonable period of time designated in writing by the
 police  commissioner  as  such  official may deem necessary for investi-
 gation and to give consent. The police commissioner may not unreasonably
 withhold his consent.
   10. Engaging in the business of gunsmith or dealer in  firearms  by  a
 person  to  whom  a  valid  license therefor has been issued pursuant to
 section 400.00 OF THIS CHAPTER, PROVIDED THAT ENGAGING IN SUCH  BUSINESS
 IN  ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF
 THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN  SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   12.  Possession of a pistol or revolver by a person who is a member or
 coach of an accredited college or university target  pistol  team  while
 transporting  the  pistol  or revolver into or through New York state to
 participate in a collegiate, olympic or target pistol shooting  competi-
 tion  under  the  auspices  of or approved by the national rifle associ-
 ation, provided such pistol or revolver is unloaded  and  carried  in  a
 locked  carrying  case and the ammunition therefor is carried in a sepa-
 rate locked container, PROVIDED, FURTHER THAT SUCH POSSESSION IN ACCORD-
 ANCE WITH THIS PARAGRAPH SHALL  NOT  PRECLUDE  THE  APPLICATION  OF  THE
 PROVISIONS  OF  OR  A  CONVICTION  OF THE OFFENSE DEFINED IN SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE.
   13. Possession of pistols and revolvers by a person who is a  nonresi-
 dent of this state while attending or traveling to or from, an organized
 competitive  pistol  match  or  league competition under auspices of, or
 approved by, the National Rifle Association and in which he OR SHE is  a
 competitor, within forty-eight hours of such event or by a person who is
 a  non-resident  of the state while attending or traveling to or from an
 organized match sanctioned by the International Handgun Metallic Silhou-
 ette Association and in which he OR SHE is a competitor,  within  forty-
 eight  hours  of  such  event,  provided that (A) he OR SHE has not been
 previously convicted of a felony or a crime which, if committed  in  New
 York,  would constitute a felony, (B) SUCH POSSESSION IN ACCORDANCE WITH
 THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE  PROVISIONS  OF
 OR  A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION TWELVE OF SECTION
 265.01 OF THIS ARTICLE, and [further provided] (C) that the  pistols  or
 revolvers are transported unloaded in a locked opaque container together
 with  a  copy of the match program, match schedule or match registration
 card. Such  documentation  shall  constitute  prima  facie  evidence  of
 exemption,  [providing] PROVIDED that such person also has in his OR HER
 possession a pistol license or  firearms  registration  card  issued  in
 accordance  with the laws of his OR HER place of residence. For purposes
 of this [subdivision] PARAGRAPH, a person  licensed  in  a  jurisdiction
 which does not authorize such license by a person who has been previous-
 ly  convicted of a felony shall be presumed to have no prior conviction.
 The superintendent of state police shall annually  review  the  laws  of
 jurisdictions  within  the  United States and Canada with respect to the
 applicable requirements for licensing or registration  of  firearms  and
 shall publish a list of those jurisdictions which prohibit possession of
 a  firearm  by a person previously convicted of a felony or crimes which
 if committed in New York state would constitute a felony.
 S. 7642                             8
 
   13-a. Except in cities not wholly contained within a single county  of
 the  state,  possession  of  pistols  and revolvers by a person who is a
 nonresident of this state while attending or traveling to  or  from,  an
 organized convention or exhibition for the display of or education about
 firearms,  which  is  conducted  under  auspices of, or approved by, the
 National Rifle Association and in  which  he  OR  SHE  is  a  registered
 participant,  within  forty-eight hours of such event, provided that (A)
 he OR SHE has not been previously convicted  of  a  felony  or  a  crime
 which,  if  committed  in  New York, would constitute a felony, (B) SUCH
 POSSESSION IN ACCORDANCE WITH THIS  PARAGRAPH  SHALL  NOT  PRECLUDE  THE
 APPLICATION  OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED
 IN SUBDIVISION TWELVE OF SECTION 265.01 OF THIS  ARTICLE,  and  [further
 provided  that] (C) the pistols or revolvers are transported unloaded in
 a locked opaque container together with a  copy  of  the  convention  or
 exhibition  program,  convention or exhibition schedule or convention or
 exhibition registration card.  Such documentation shall constitute prima
 facie evidence of exemption, [providing] PROVIDED that such person  also
 has  in  his OR HER possession a pistol license or firearms registration
 card issued in accordance with the laws of his OR  HER  place  of  resi-
 dence.  For purposes of this paragraph, a person licensed in a jurisdic-
 tion which does not authorize such license by  a  person  who  has  been
 previously  convicted  of  a  felony  shall be presumed to have no prior
 conviction. The superintendent of state police shall annually review the
 laws of jurisdictions within the United States and Canada  with  respect
 to the applicable requirements for licensing or registration of firearms
 and   shall  publish  a  list  of  those  jurisdictions  which  prohibit
 possession of a firearm by a person previously convicted of a felony  or
 crimes which if committed in New York state would constitute a felony.
   §  7.  The  penal law is amended by adding two new sections 265.70 and
 265.75 to read as follows:
 § 265.70 TESTING.
   1. FIELD TESTING. EVERY PERSON WHO POSSESSES A FIREARM, RIFLE OR SHOT-
 GUN WHICH HAS BEEN BRANDISHED, DISPLAYED OUTSIDE A  HOLSTER,  DISCHARGED
 OR  OTHERWISE  USED  (OTHER  THAN  IN THE PERSON'S HOME, AT AN INDOOR OR
 OUTDOOR SHOOTING RANGE, OR IN AN AREA WHERE HUNTING  IS  PERMITTED  WITH
 THE WEAPON), OR WHICH IS POSSESSED, DISPLAYED OR DISCHARGED IN VIOLATION
 OF ANY PROVISION OF THIS CHAPTER SHALL, AT THE REQUEST OF A POLICE OFFI-
 CER,  SUBMIT  TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE OFFICER,
 UNLESS SUCH PERSON DEMONSTRATES TO SUCH  POLICE  OFFICER'S  SATISFACTION
 THAT HE OR SHE IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVISION TWELVE OF
 SECTION 265.01 OF THIS ARTICLE. IF SUCH TEST INDICATES THAT SUCH POSSES-
 SOR  HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH POSSESSOR
 TO SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION  TWO
 OF THIS SECTION.
   2.  CHEMICAL  TESTS.  (A)  WHEN AUTHORIZED. ANY PERSON WHO POSSESSES A
 FIREARM, RIFLE OR SHOTGUN IN THIS STATE, OTHER  THAN  IN  SUCH  PERSON'S
 HOME, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OF ONE OR
 MORE  OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA, FOR THE PURPOSE
 OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF THE  BLOOD  PROVIDED
 THAT  SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION OF A POLICE OFFI-
 CER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR SALIVA OR,  WITH
 RESPECT  TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF A POLICE OFFI-
 CER:
   (1) HAVING REASONABLE GROUNDS  TO  BELIEVE  SUCH  PERSON  POSSESSED  A
 FIREARM,  RIFE  OR SHOTGUN IN VIOLATION OF SUBDIVISION TWELVE OF SECTION
 S. 7642                             9
 
 265.01 OF THIS ARTICLE AND WITHIN TWO HOURS AFTER SUCH PERSON  HAS  BEEN
 PLACED UNDER ARREST FOR ANY SUCH VIOLATION; OR
   (2)  WITHIN  TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN SUBDIVISION
 ONE OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN  CONSUMED  BY  SUCH
 PERSON  AND  IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
 THE LAW ENFORCEMENT AGENCY OF WHICH THE OFFICER IS A MEMBER.
   FOR THE PURPOSES OF THIS PARAGRAPH, "REASONABLE  GROUNDS"  TO  BELIEVE
 THAT  A  PERSON  POSSESSED  A  FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF
 SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE SHALL BE DETERMINED
 BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH,
 WHEN TAKEN TOGETHER, INDICATE THAT THE POSSESSION VIOLATED SUCH SUBDIVI-
 SION.  SUCH CIRCUMSTANCES MAY INCLUDE ANY VISIBLE  OR  BEHAVIORAL  INDI-
 CATION  OF  ALCOHOL OR DRUG CONSUMPTION BY SUCH PERSON, THE EXISTENCE OF
 AN OPEN CONTAINER CONTAINING OR HAVING CONTAINED AN  ALCOHOLIC  BEVERAGE
 IN  OR  AROUND  THE  VICINITY  OF  SUCH  PERSON,  OR  ANY OTHER EVIDENCE
 SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES  THAT  THE
 PERSON  WAS  IN  POSSESSION  OF A FIREARM, RIFLE OR SHOTGUN AFTER HAVING
 CONSUMED ALCOHOL OR DRUGS AT THE TIME OF THE INCIDENT.
   (B) REPORT OF REFUSAL. (1) IF: (A)  SUCH  PERSON  HAVING  BEEN  PLACED
 UNDER ARREST; OR (B) AFTER A BREATH TEST INDICATES THE PRESENCE OF ALCO-
 HOL  IN  THE  PERSON'S  SYSTEM;  AND  THE  PERSON HAVING THEREAFTER BEEN
 REQUESTED TO SUBMIT TO SUCH CHEMICAL TEST AND HAVING BEEN INFORMED  THAT
 ANY  LICENSE  HELD BY SUCH PERSON TO POSSESS A FIREARM, RIFLE OR SHOTGUN
 SHALL BE SUBJECT TO SUSPENSION OR REVOCATION FOR REFUSAL  TO  SUBMIT  TO
 SUCH  TEST  WHETHER  OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR
 WHICH SUCH PERSON IS ARRESTED OR DETAINED, THEN IF SUCH  PERSON  REFUSES
 TO  SUBMIT  TO SUCH CHEMICAL TEST OR ANY PORTION THEREOF, UNLESS A COURT
 ORDER HAS BEEN GRANTED PURSUANT TO SUBDIVISION THREE  OF  THIS  SECTION,
 THE  TEST  SHALL NOT BE GIVEN AND A WRITTEN REPORT OF SUCH REFUSAL SHALL
 BE IMMEDIATELY MADE BY THE POLICE OFFICER BEFORE WHOM SUCH  REFUSAL  WAS
 MADE.  SUCH  REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO, OR BY
 AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
 ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO  SECTION  210.45  OF
 THIS  CHAPTER AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
 DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT.
   (2) THE REPORT OF  THE  POLICE  OFFICER  SHALL  SET  FORTH  REASONABLE
 GROUNDS  TO  BELIEVE SUCH ARRESTED PERSON HAD POSSESSED A FIREARM, RIFLE
 OR SHOTGUN IN VIOLATION OF SUBDIVISION TWELVE OF SECTION 265.01 OF  THIS
 ARTICLE,  THAT  SAID PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL TEST,
 AND THAT NO CHEMICAL TEST WAS ADMINISTERED PURSUANT TO THE  REQUIREMENTS
 OF  SUBDIVISION  THREE OF THIS SECTION. THE REPORT SHALL BE PRESENTED TO
 THE COURT UPON ARRAIGNMENT OF AN ARRESTED PERSON, AND SHALL BE TRANSMIT-
 TED BY SUCH COURT TO THE APPROPRIATE LICENSING AUTHORITY  WITHIN  FORTY-
 EIGHT  HOURS  OF  THE  ARRAIGNMENT. SUCH TRANSMITTAL SHALL NOT BE WAIVED
 EVEN WITH THE CONSENT OF ALL PARTIES.
   (3) THE LICENSE MAY BE TEMPORARILY SUSPENDED BY SUCH LICENSING AUTHOR-
 ITY PENDING THE DETERMINATION OF A HEARING, IN ACCORDANCE WITH THE RULES
 AND PROCEDURES OF SUCH AUTHORITY, FOR REFUSAL TO SUBMIT  TO  A  TEST  IN
 EITHER THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION OR
 THE  CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.  ANY
 SUCH REFUSAL MAY, AFTER  SUCH  HEARING  OR  IF  UNCONTESTED,  CONSTITUTE
 GROUNDS  FOR  CONTINUED  SUSPENSION  OR  REVOCATION  OF  SUCH LICENSE IN
 ACCORDANCE WITH SUCH RULES AND PROCEDURES.
   (4) NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT THE DISCRETION
 OF ANY LICENSING AUTHORITY OR THE DISCRETION OF ANY JUDGE OR JUSTICE  OF
 A  COURT  OF  RECORD  UNDER SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS
 S. 7642                            10
 
 CHAPTER TO SUSPEND OR REVOKE A LICENSE BECAUSE OF AN  ALLEGED  VIOLATION
 OF  SUBDIVISION  TWELVE  OF  SECTION  265.01 OF THIS ARTICLE, OR FOR ANY
 OTHER REASON OTHER THAN REFUSAL TO SUBMIT TO A TEST AS REQUIRED BY  THIS
 SUBDIVISION OR SUBDIVISION ONE OF THIS SECTION.
   (C)  REGULATIONS.  A LICENSING AUTHORITY OR LAW ENFORCEMENT AGENCY MAY
 PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO  EFFECTUATE
 THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION.
   (D) EVIDENCE. EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR
 ANY  PORTION  THEREOF  SHALL  BE  ADMISSIBLE IN ANY TRIAL, PROCEEDING OR
 HEARING BASED UPON AN ALLEGED VIOLATION OF THE PROVISIONS OF SUBDIVISION
 TWELVE OF SECTION 265.01 OF THIS ARTICLE BUT ONLY UPON  A  SHOWING  THAT
 THE  PERSON  WAS  GIVEN  SUFFICIENT  WARNING,  IN  CLEAR AND UNEQUIVOCAL
 LANGUAGE, OF THE EFFECT OF SUCH REFUSAL AND THAT THE PERSON PERSISTED IN
 THE REFUSAL. SUCH SHOWING SHALL BE SATISFIED BY SUBMISSION OF A VERIFIED
 REPORT OF REFUSAL AS PROVIDED IN SUBPARAGRAPH ONE OF  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  CONTAINING  A STATEMENT THAT SUCH PERSON WAS INFORMED
 THAT HIS OR HER LICENSE SHALL BE SUBJECT  TO  SUSPENSION  OR  REVOCATION
 WHETHER  OR  NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR WHICH SUCH
 PERSON IS ARRESTED OR DETAINED IF SUCH PERSON REFUSES TO SUBMIT TO  SUCH
 TEST.
   (E)  RESULTS.  UPON  THE  REQUEST  OF  THE  PERSON WHO WAS TESTED, THE
 RESULTS OF SUCH TEST SHALL BE MADE AVAILABLE TO SUCH PERSON.
   3. COMPULSORY  CHEMICAL  TESTS.  (A)  COURT  ORDERED  CHEMICAL  TESTS.
 NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS SECTION, NO
 PERSON SUBJECT TO THE PROVISIONS OF SUBDIVISION TWELVE OF SECTION 265.01
 OF THIS ARTICLE WHO POSSESSES A FIREARM, RIFLE OR SHOTGUN (OTHER THAN IN
 THE PERSON'S HOME, AT AN INDOOR OR OUTDOOR SHOOTING RANGE,  OR  AN  AREA
 WHERE  HUNTING  IS  PERMITTED WITH THE WEAPON) MAY REFUSE TO SUBMIT TO A
 CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD,  URINE  OR
 SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
 OF  THE  BLOOD WHEN A COURT ORDER FOR SUCH CHEMICAL TEST HAS BEEN ISSUED
 IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   (B) WHEN AUTHORIZED. UPON REFUSAL BY ANY PERSON TO SUBMIT TO A  CHEMI-
 CAL  TEST  OR  ANY PORTION THEREOF AS DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, THE TEST SHALL NOT BE GIVEN UNLESS A POLICE  OFFICER  OR  A
 DISTRICT  ATTORNEY, AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW, REQUESTS AND OBTAINS  A  COURT  ORDER  TO
 COMPEL  A PERSON TO SUBMIT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC
 OR DRUG CONTENT OF THE PERSON'S BLOOD UPON A FINDING OF REASONABLE CAUSE
 TO BELIEVE THAT:
   (1) SUCH PERSON POSSESSED A  FIREARM,  RIFLE  OR  SHOTGUN  WITH  WHICH
 ANOTHER PERSON WAS KILLED OR SUFFERED PHYSICAL INJURY; AND
   (2)  (A) EITHER SUCH PERSON POSSESSED THE FIREARM, RIFLE OR SHOTGUN IN
 VIOLATION OF SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE, OR
   (B) A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE  WITH
 SUBDIVISION ONE OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED
 BY SUCH PERSON; AND
   (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND
   (4)  SUCH  PERSON  HAS  REFUSED  TO  SUBMIT  TO A CHEMICAL TEST OR ANY
 PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE  PROVISIONS  OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS  SECTION OR IS UNABLE TO GIVE
 CONSENT TO SUCH A TEST.
   (C) REASONABLE CAUSE; DEFINITION. FOR THE PURPOSE OF THIS  SUBDIVISION
 "REASONABLE  CAUSE"  SHALL  BE  DETERMINED  BY  VIEWING  THE TOTALITY OF
 CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, WHEN TAKEN TOGETHER, INDI-
 CATE THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN IN  VIOLATION
 S. 7642                            11
 
 OF  SUBDIVISION  TWELVE  OF SECTION 265.01 OF THIS ARTICLE. SUCH CIRCUM-
 STANCES MAY INCLUDE, BUT ARE NOT LIMITED TO: EVIDENCE THAT  SUCH  PERSON
 WAS  BRANDISHING  OR USING THE FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF
 ANY  PROVISION OF THIS CHAPTER OR COMMITTING ANY OTHER CRIME AT THE TIME
 OF THE INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR  DRUG  CONSUMPTION
 OR  IMPAIRMENT  BY  SUCH  PERSON;  THE  EXISTENCE  OF  AN OPEN CONTAINER
 CONTAINING AN ALCOHOLIC BEVERAGE IN  OR  AROUND  THE  VICINITY  OF  SUCH
 PERSON; OR ANY OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCI-
 DENT WHICH INDICATES THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOT-
 GUN WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXI-
 CATED AT THE TIME OF THE INCIDENT.
   (D)  COURT  ORDER;  PROCEDURE. (1) AN APPLICATION FOR A COURT ORDER TO
 COMPEL SUBMISSION TO A CHEMICAL TEST OR ANY PORTION THEREOF, MAY BE MADE
 TO ANY SUPREME COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE
 IN THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCI-
 DENT OCCURRED IN THE CITY OF NEW YORK BEFORE ANY SUPREME  COURT  JUSTICE
 OR  JUDGE  OF THE CRIMINAL COURT OF THE CITY OF NEW YORK.  SUCH APPLICA-
 TION MAY BE COMMUNICATED BY TELEPHONE, RADIO OR OTHER MEANS OF ELECTRON-
 IC COMMUNICATION, OR IN PERSON.
   (2) THE APPLICANT MUST PROVIDE IDENTIFICATION BY NAME  AND  TITLE  AND
 MUST  STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT AN
 APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS
 BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER
 PERSON PROVIDING INFORMATION IN SUPPORT OF THE APPLICATION  AS  PROVIDED
 IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT
 MUST  STATE  THAT  THE  PERSON FROM WHOM THE CHEMICAL TEST WAS REQUESTED
 POSSESSED A FIREARM, RIFLE OR SHOTGUN  WITH  WHICH  ANOTHER  PERSON  WAS
 KILLED  OR  PHYSICALLY  INJURED  AND, BASED UPON THE TOTALITY OF CIRCUM-
 STANCES, THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON POSSESSED
 A FIREARM, RIFLE OR  SHOTGUN  IN  VIOLATION  OF  SUBDIVISION  TWELVE  OF
 SECTION  265.01  OF THIS ARTICLE OR A BREATH TEST INDICATED THAT ALCOHOL
 HAD BEEN CONSUMED BY SUCH PERSON AND, AFTER BEING  PLACED  UNDER  LAWFUL
 ARREST  SUCH  PERSON REFUSED TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
 THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR IS  UNABLE
 TO  GIVE  CONSENT  TO  SUCH A TEST OR ANY PORTION THEREOF. THE APPLICANT
 MUST MAKE SPECIFIC ALLEGATIONS OF FACT TO SUPPORT  SUCH  STATEMENT.  ANY
 OTHER  PERSON PROPERLY IDENTIFIED, MAY PRESENT SWORN ALLEGATIONS OF FACT
 IN SUPPORT OF THE APPLICANT'S STATEMENT.
   (3) UPON BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT  ORDER  TO
 COMPEL  A  PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A JUDGE OR
 JUSTICE SHALL PLACE UNDER  OATH  THE  APPLICANT  AND  ANY  OTHER  PERSON
 PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR OATHS
 AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS
 OF A VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR  VERBATIM  LONG-
 HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD
 MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA-
 CY  OF  THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD AND TRANSCRIPTION
 WITH THE COURT WITHIN SEVENTY-TWO HOURS OF THE  ISSUANCE  OF  THE  COURT
 ORDER. IF LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY AND
 FILE  IT  WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE ISSUANCE OF THE
 ORDER.
   (4) IF THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR  THE  ISSUANCE
 OF  A  COURT  ORDER  PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS
 SUBDIVISION HAVE BEEN MET, IT MAY GRANT THE  APPLICATION  AND  ISSUE  AN
 ORDER  REQUIRING  THE  ACCUSED TO SUBMIT TO A CHEMICAL TEST TO DETERMINE
 THE ALCOHOLIC AND/OR DRUG CONTENT OF HIS OR HER BLOOD AND  ORDERING  THE
 S. 7642                            12
 
 WITHDRAWAL  OF A BLOOD SAMPLE IN ACCORDANCE WITH THE PROVISIONS OF PARA-
 GRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION. WHEN A JUDGE  OR  JUSTICE
 DETERMINES  TO  ISSUE  AN  ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST
 BASED  ON  AN ORAL APPLICATION, THE APPLICANT THEREFOR SHALL PREPARE THE
 ORDER IN ACCORDANCE WITH THE INSTRUCTIONS OF THE JUDGE OR JUSTICE.    IN
 ALL  CASES  THE  ORDER  SHALL  INCLUDE  THE NAME OF THE ISSUING JUDGE OR
 JUSTICE, THE NAME OF THE APPLICANT, AND THE DATE AND TIME IT WAS ISSUED.
 IT MUST BE SIGNED BY THE JUDGE OR JUSTICE IF ISSUED IN PERSON, OR BY THE
 APPLICANT IF ISSUED ORALLY.
   (5) ANY FALSE STATEMENT BY AN APPLICANT OR ANY OTHER PERSON IN SUPPORT
 OF AN APPLICATION FOR A COURT ORDER SHALL SUBJECT  SUCH  PERSON  TO  THE
 OFFENSES  FOR PERJURY SET FORTH IN ARTICLE TWO HUNDRED TEN OF THIS CHAP-
 TER.
   (6) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH  A  SCHEDULE
 TO PROVIDE THAT A SUFFICIENT NUMBER OF JUDGES OR JUSTICES WILL BE AVAIL-
 ABLE  IN  EACH  JUDICIAL  DISTRICT  TO  HEAR ORAL APPLICATIONS FOR COURT
 ORDERS AS PERMITTED BY THIS SECTION.
   (E) ADMINISTRATION OF COMPULSORY CHEMICAL TEST. AN ORDER ISSUED PURSU-
 ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL REQUIRE THAT A  CHEMICAL
 TEST  TO  DETERMINE THE ALCOHOLIC AND/OR DRUG CONTENT OF THE POSSESSOR'S
 BLOOD MUST BE ADMINISTERED. THE PROVISIONS OF PARAGRAPHS  (A),  (B)  AND
 (C) OF SUBDIVISION FOUR OF THIS SECTION SHALL BE APPLICABLE TO ANY CHEM-
 ICAL TEST ADMINISTERED PURSUANT TO THIS SECTION.
   4. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
 NITY;  TESTIMONY.  (1) AT THE REQUEST OF A POLICE OFFICER, THE FOLLOWING
 PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE  ALCOHOLIC
 AND/OR  DRUG CONTENT THEREIN: (A) A PHYSICIAN, A REGISTERED PROFESSIONAL
 NURSE OR A REGISTERED PHYSICIAN ASSISTANT; OR (B) UNDER THE  SUPERVISION
 AND  AT THE DIRECTION OF A PHYSICIAN: A MEDICAL LABORATORY TECHNICIAN OR
 MEDICAL TECHNOLOGIST AS CLASSIFIED BY CIVIL SERVICE; A PHLEBOTOMIST;  AN
 ADVANCED  EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPARTMENT OF
 HEALTH; OR A  MEDICAL  LABORATORY  TECHNICIAN  OR  MEDICAL  TECHNOLOGIST
 EMPLOYED  BY  A CLINICAL LABORATORY APPROVED UNDER TITLE FIVE OF ARTICLE
 FIVE OF THE PUBLIC HEALTH LAW. THIS LIMITATION SHALL NOT  APPLY  TO  THE
 TAKING OF A URINE, SALIVA OR BREATH SPECIMEN.
   (2)  NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF THIS PARAGRAPH OR  HOSPITAL  EMPLOYING  SUCH  PERSON,  AND  NO  OTHER
 EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
 OMITTED  IN  THE  COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
 OFFICER PURSUANT TO THIS SECTION.
   (3) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM  THE  WITH-
 DRAWAL  OF  BLOOD  AS  AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
 UNDER SUBPARAGRAPH TWO OF  THIS  PARAGRAPH,  MAY  MAINTAIN  SUCH  ACTION
 AGAINST  THE  STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
 THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY  THE
 STATE,  OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
 SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
 TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE  MAINTAINED  PURSUANT
 TO  THIS  SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
 COMPLIANCE WITH LAW.
   (4) NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS  PARAGRAPH  AN
 ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF
 AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF  THIS  PARAGRAPH  OR  HOSPITAL EMPLOYING SUCH PERSON FOR WHOSE ACT OR
 OMISSION THE STATE OR THE POLITICAL SUBDIVISION  HAS  BEEN  HELD  LIABLE
 UNDER  THIS  PARAGRAPH  TO  RECOVER  DAMAGES,  NOT  EXCEEDING THE AMOUNT
 S. 7642                            13
 
 AWARDED TO THE CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY  THE  STATE  OR
 THE  POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD FAITH ON
 THE PART OF SUCH PERSON.
   (5)  THE  TESTIMONY  OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
 WITHDRAW BLOOD PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH,  IN
 RESPECT  TO  ANY  SUCH  WITHDRAWAL  OF  BLOOD MADE BY SUCH PERSON MAY BE
 RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS  IF  SUCH
 WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   (6)  THE PROVISIONS OF SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS PARA-
 GRAPH SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A  HOSPITAL
 AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE OF WITH-
 DRAWING  BLOOD  AT  THE  REQUEST OF A POLICE OFFICER PURSUANT TO A COURT
 ORDER IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
   (B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED  TO
 CHOOSE  A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
 ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   (C) RULES AND REGULATIONS. THE RULES AND  REGULATIONS  ISSUED  BY  THE
 DEPARTMENT  OF  HEALTH  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
 SECTION ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW  SHALL
 ALSO  APPLY TO ANALYSES UNDER THIS SECTION. IF THE ANALYSES WERE MADE BY
 AN INDIVIDUAL POSSESSING A PERMIT ISSUED BY THE  DEPARTMENT  OF  HEALTH,
 THIS  SHALL  BE  PRESUMPTIVE  EVIDENCE THAT THE EXAMINATION WAS PROPERLY
 GIVEN. THE PROVISIONS OF THIS PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION
 AS EVIDENCE OF AN ANALYSIS MADE BY AN INDIVIDUAL  OTHER  THAN  A  PERSON
 POSSESSING A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH.
   5. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "LICENSE"  MEANS AND INCLUDES LICENSES ISSUED PURSUANT TO SECTION
 400.00 OF THIS CHAPTER, AND ANY PERMIT ISSUED BY A COUNTY, CITY, TOWN OR
 VILLAGE PURSUANT TO A LOCAL LAW, CODE OR ORDINANCE WHICH  RESTRICTS  THE
 POSSESSION AND PURCHASE OF RIFLES AND SHOTGUNS.
   (B)  "LICENSING AUTHORITY" MEANS THE LICENSING OFFICER OR AGENCY WHICH
 ISSUES A LICENSE.
 § 265.75 CHEMICAL TEST EVIDENCE.
   1. ADMISSIBILITY. UPON THE TRIAL OF ANY ACTION OR  PROCEEDING  ARISING
 OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY PERSON ARRESTED FOR
 A VIOLATION OF SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE, THE
 COURT  SHALL  ADMIT  EVIDENCE  OF  THE AMOUNT OF ALCOHOL OR DRUGS IN THE
 DEFENDANT'S BLOOD AS SHOWN  BY  A  TEST  ADMINISTERED  PURSUANT  TO  THE
 PROVISIONS OF SECTION 265.70 OF THIS ARTICLE.
   2. PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF
 BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED
 FOR VIOLATION OF SUBDIVISION TWELVE OF SECTION 265.01 OF THIS ARTICLE:
   (A) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS
 NOT IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT
 IN AN INTOXICATED CONDITION;
   (B) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM  BUT  LESS
 THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT  SHALL  NOT
 BE  GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
 PERSON TO SAFELY POSSESS A FIREARM, RIFLE OR SHOTGUN WAS IMPAIRED BY THE
 CONSUMPTION OF ALCOHOL; AND
   (C) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM  OR  MORE  BUT  LESS
 THAN  .08  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 S. 7642                            14
 
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO SAFELY POSSESS  A  FIREARM,
 RIFLE OR SHOTGUN WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   3.  SUPPRESSION.  A  DEFENDANT  WHO  HAS BEEN COMPELLED TO SUBMIT TO A
 CHEMICAL TEST PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
 265.70 OF THIS ARTICLE MAY MOVE FOR THE SUPPRESSION OF SUCH EVIDENCE  IN
 ACCORDANCE  WITH ARTICLE SEVEN HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW
 ON THE GROUNDS THAT THE ORDER WAS OBTAINED AND THE TEST ADMINISTERED  IN
 VIOLATION  OF THE PROVISIONS OF SUCH SUBDIVISION OR ANY OTHER APPLICABLE
 LAW.
   § 8. Paragraph (a) of subdivision 11 of section 400.00  of  the  penal
 law,  as  amended by chapter 371 of the laws of 2022, is amended to read
 as follows:
   (a) The conviction of a licensee  anywhere  of  a  felony  or  serious
 offense  or  a  licensee  at  any  time  becoming ineligible to obtain a
 license, including engaging in conduct that would have resulted  in  the
 denial  of  a license, under this section shall operate as or be grounds
 for, a revocation of the license.  A license may be revoked or suspended
 as provided for in SUBDIVISION TWO OF SECTION 265.70  OF  THIS  CHAPTER,
 section  530.14  of  the criminal procedure law or section eight hundred
 forty-two-a of the family court act. Except for a license issued  pursu-
 ant  to  section  400.01  of  this article, a license may be revoked and
 cancelled at any time in the city of New York, and in  the  counties  of
 Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
 city of New York by any judge or justice of a court of record; a license
 issued pursuant to section 400.01 of this article  may  be  revoked  and
 cancelled  at  any time by the licensing officer or any judge or justice
 of a court of record. A license to engage in the business of dealer  may
 be  revoked  or suspended for any violation of the provisions of article
 thirty-nine-BB of the general business  law.  The  official  revoking  a
 license  shall  give written notice thereof without unnecessary delay to
 the executive department, division of state police,  Albany,  and  shall
 also  notify  immediately the duly constituted police authorities of the
 locality. The licensing officer shall revoke any license issued in which
 an applicant knowingly made a material false statement on  the  applica-
 tion.  Notice  of a revocation under this subdivision shall be issued in
 writing and shall include the basis for the determination,  which  shall
 be  supported by a preponderance of the evidence. Such notice shall also
 include information regarding the ability to  appeal  such  decision  in
 accordance with subdivision four-a of this section.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law.    Provided, however, that any actions,
 including but not limited to the promulgation of rules and  regulations,
 necessary  to implement the provisions of this act on its effective date
 are authorized and directed to be made and completed on or  before  such
 date.