A 105: Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a firearm, rifle or shotgun, outside the home, while impaired or intoxicated by use of alcohol or drugs; increases maximum fine for such offense to $10,000; provides for chemical testing of certain persons for whom there is reasonable cause to believe are in violation of such provision; provides for revocation of firearms permit upon conviction or refusal of a chemical test.

  
  STATE OF NEW YORK ________________________________________________________________________ 105 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ZACCARO -- read once and referred to the Commit- tee on Codes 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 37 to read as follows: 14 37. "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 Subdivision 3 of section 265.01 of the penal law is REPEALED. 17 § 4.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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00482-01-5 
 A. 105 2 1 (4) [He] Such person possesses a rifle, shotgun, antique firearm, 2 black powder rifle, black powder shotgun, or any muzzle-loading firearm, 3 and has been convicted of a felony or serious offense; or 4 (5) [He] Such person possesses any dangerous or deadly weapon and is 5 not a citizen of the United States; or 6 (6) [He is a] Such person [who] has been certified not suitable to 7 possess a rifle or shotgun, as defined in subdivision sixteen of section 8 265.00 of this article, and refuses to yield possession of such rifle or 9 shotgun upon the demand of a police officer. Whenever a person is certi- 10 fied not suitable to possess a rifle or shotgun, a member of the police 11 department to which such certification is made, or of the state police, 12 shall forthwith seize any rifle or shotgun possessed by such person. A 13 rifle or shotgun seized as herein provided shall not be destroyed, but 14 shall be delivered to the headquarters of such police department, or 15 state police, and there retained until the aforesaid certificate has 16 been rescinded by the director or physician in charge, or other disposi- 17 tion of such rifle or shotgun has been ordered or authorized by a court 18 of competent jurisdiction[.]; or 19 (7) [He] Such person knowingly possesses a bullet containing an 20 explosive substance designed to detonate upon impact[.]; or 21 (8) Such person possesses any armor piercing ammunition with intent to 22 use the same unlawfully against another[.]; or 23 (12) (a) Such person possesses a firearm, rifle or shotgun outside of 24 their home while: 25 (i) in an intoxicated condition; or 26 (ii) with .08 of one per centum or more by weight of alcohol in such 27 person's blood as shown by chemical analysis of such person's blood, 28 breath, urine or saliva, made pursuant to section 265.70 of this arti- 29 cle; or 30 (iii) such person's ability to safely possess such firearm, rifle or 31 shotgun is impaired by consumption of alcohol; or 32 (iv) such person's ability to safely possess such firearm, rifle or 33 shotgun is impaired by use of any drug; or 34 (v) such person's ability to safely possess such firearm, rifle or 35 shotgun is impaired by the combined influence of drugs or of alcohol and 36 any drug or drugs. 37 (b) A person may be convicted of a violation of subparagraph (i), (ii) 38 or (iii) of paragraph (a) of this subdivision, notwithstanding that the 39 charge laid before the court alleged a violation of subparagraph (i) or 40 (ii) of paragraph (a) of this subdivision, and regardless of whether or 41 not such conviction is based on a plea of guilty. 42 § 5. Subdivisions 9 and 10 of section 265.01 of the penal law, subdi- 43 vision 9 as amended by chapter 149 of the laws of 2022, subdivision 10 44 as amended by chapter 94 of the laws of 2022, are renumbered subdivi- 45 sions 10 and 11 and are amended to read as follows: 46 (10) Such person is not licensed as a gunsmith or a dealer in firearms 47 pursuant to section 400.00 of this chapter and, knowing it is a ghost 48 gun, such person possesses a ghost gun, provided that a person shall not 49 be guilty under this subdivision when [he or she] such person (a) volun- 50 tarily surrenders such ghost gun to any law enforcement official desig- 51 nated pursuant to subparagraph (f) of paragraph one of subdivision (a) 52 of section 265.20 of this article; or (b) for a period of six months 53 after the effective date of this section possesses a ghost gun prior to 54 serialization and registration of such ghost gun pursuant to section 55 265.07 of this article[.]; or 
 A. 105 3 1 (11) Such person is not licensed as a gunsmith or dealer in firearms 2 pursuant to section 400.00 of this chapter and, knowing it is an unseri- 3 alized frame or receiver or unfinished frame or receiver, such person 4 possesses an unserialized frame or receiver or unfinished frame or 5 receiver, provided that for a period of six months after the effective 6 date of this subdivision, a person shall not be guilty under this subdi- 7 vision when such person: (a) voluntarily surrenders such unserialized 8 frame or receiver or unfinished frame or receiver to any law enforcement 9 official designated pursuant to subparagraph (f) of paragraph one of 10 subdivision (a) of section 265.20 of this article; or (b) possesses such 11 unserialized frame or receiver or unfinished frame or receiver prior to 12 serialization of such unserialized frame or receiver or unfinished frame 13 or receiver in accordance with the requirements imposed on licensed 14 importers and licensed manufacturers pursuant to subsection (i) of 15 Section 923 of Title 18 of the United States Code and regulations issued 16 pursuant thereto, except for antique firearms as defined in subdivision 17 fourteen of section 265.00 of this article, as added by chapter nine 18 hundred eighty-six of the laws of nineteen hundred seventy-four, or any 19 firearm, rifle or shotgun manufactured prior to nineteen hundred sixty- 20 eight[.]; or 21 § 6. Paragraphs 3, 3-a, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10, 22 12, 13 and 13-a of subdivision a of section 265.20 of the penal law, 23 paragraph 3 as amended and paragraph 7-f as added by chapter 1 of the 24 laws of 2013, paragraph 3-a as added by chapter 371 of the laws of 2022, 25 paragraph 4 as amended by section 10 of part EE of chapter 55 of the 26 laws of 2014, paragraph 5 as amended by chapter 235 of the laws of 2007, 27 paragraph 7 as amended by chapter 150 of the laws of 2020, paragraph 7-a 28 as amended by chapter 210 of the laws of 1999, paragraph 7-b as amended 29 by chapter 511 of the laws of 2014, paragraph 7-e as amended by chapter 30 281 of the laws of 2006, paragraph 8 as amended by chapter 130 of the 31 laws of 2019, paragraphs 9 and 10 as amended by chapter 1041 of the laws 32 of 1974, paragraph 9-a as amended by chapter 608 of the laws of 1984, 33 paragraph 12 as added by chapter 90 of the laws of 1979, paragraph 13 as 34 amended by chapter 150 of the laws of 1988 and paragraph 13-a as added 35 by chapter 370 of the laws of 1986, are amended to read as follows: 36 3. Possession of a pistol or revolver by a person to whom a license 37 therefor has been issued as provided under section 400.00 or 400.01 of 38 this chapter or possession of a weapon as defined in paragraph (e) or 39 (f) of subdivision twenty-two of section 265.00 of this article which is 40 registered pursuant to paragraph (a) of subdivision sixteen-a of section 41 400.00 of this chapter or is included on an amended license issued 42 pursuant to section 400.00 of this chapter. In the event such license is 43 revoked, other than because such licensee is no longer permitted to 44 possess a firearm, rifle or shotgun under federal or state law, informa- 45 tion sufficient to satisfy the requirements of subdivision sixteen-a of 46 section 400.00 of this chapter, shall be transmitted by the licensing 47 officer to the state police, in a form as determined by the superinten- 48 dent of state police. Such transmission shall constitute a valid regis- 49 tration under such section. Further provided, notwithstanding any other 50 section of this title, a failure to register such weapon by an individ- 51 ual who possesses such weapon before the enactment of the chapter of the 52 laws of two thousand thirteen which amended this paragraph and may so 53 lawfully possess it thereafter upon registration, shall only be subject 54 to punishment pursuant to paragraph (c) of subdivision sixteen-a of 55 section 400.00 of this chapter; provided, that such a license or regis- 56 tration shall not preclude a conviction for [the] an offense defined in 
 A. 105 4 1 subdivision [three] twelve of section 265.01 of this article or section 2 265.01-a of this article. 3 3-a. Possession of a pistol or revolver by a person undergoing live- 4 fire range training pursuant to section 400.00 of this chapter while 5 such person is undergoing such training and is supervised by a duly 6 authorized instructor; provided that such possession in accordance with 7 this paragraph shall not preclude the application of the provision of or 8 a conviction of the offense defined in subdivision twelve of section 9 265.01 of this article. 10 4. Possession of a rifle, shotgun, crossbow or longbow for use while 11 hunting, trapping or fishing, by a person, not a citizen of the United 12 States, carrying a valid license issued pursuant to section 11-0713 of 13 the environmental conservation law; provided that such possession in 14 accordance with this paragraph shall not preclude the application of the 15 provision of or a conviction of the offense defined in subdivision 16 twelve of section 265.01 of this article. 17 5. Possession of a rifle or shotgun by a person other than a person 18 who has been convicted of a class A-I felony or a violent felony 19 offense, as defined in subdivision one of section 70.02 of this chapter, 20 who has been convicted as specified in subdivision four of section 21 265.01 of this article to whom a certificate of good conduct has been 22 issued pursuant to section seven hundred three-b of the correction law; 23 provided that such possession in accordance with this paragraph shall 24 not preclude the application of the provision of or a conviction of the 25 offense defined in subdivision twelve of section 265.01 of this article. 26 7. Possession, at an indoor or outdoor shooting range for the purpose 27 of loading and firing, of a rifle or shotgun, the propelling force of 28 which is gunpowder by a person under sixteen years of age but not under 29 twelve, under the immediate supervision, guidance and instruction of (a) 30 a duly commissioned officer of the United States army, navy, air force, 31 marine corps or coast guard, or of the national guard of the state of 32 New York; or (b) a duly qualified adult citizen of the United States who 33 has been granted a certificate as an instructor in small arms practice 34 issued by the United States army, navy, air force or marine corps, or by 35 the adjutant general of this state, by the national rifle association of 36 America, a not-for-profit corporation duly organized under the laws of 37 this state, or by a New York state 4-H certified shooting sports 38 instructor; or (c) a parent, guardian, or a person over the age of eigh- 39 teen designated in writing by such parent or guardian who shall have a 40 certificate of qualification in responsible hunting, including safety, 41 ethics, and landowner relations-hunter relations, issued or honored by 42 the department of environmental conservation; or (d) an agent of the 43 department of environmental conservation appointed to conduct courses in 44 responsible hunting practices pursuant to article eleven of the environ- 45 mental conservation law; provided that such possession in accordance 46 with this paragraph shall not preclude the application of the provisions 47 of or a conviction of the offense defined in subdivision twelve of 48 section 265.01 of this article. 49 7-a. Possession and use, at an indoor or outdoor pistol range located 50 in or on premises owned or occupied by a duly incorporated organization 51 organized for conservation purposes or to foster proficiency in small 52 arms or at a target pistol shooting competition under the auspices of or 53 approved by the national rifle association for the purpose of loading 54 and firing the same, by a person duly licensed to possess a pistol or 55 revolver pursuant to section 400.00 or 400.01 of this chapter of a 56 pistol or revolver duly so licensed to another person who is present at 
 A. 105 5 1 the time; provided that such possession and use in accordance with this 2 paragraph shall not preclude the application of the provisions of or a 3 conviction of the offense defined in subdivision twelve of section 4 265.01 of this article. 5 7-b. Possession and use, at an indoor or outdoor pistol range located 6 in or on premises owned or occupied by a duly incorporated organization 7 organized for conservation purposes or to foster proficiency in small 8 arms or at a target pistol shooting competition under the auspices of or 9 approved by the national rifle association for the purpose of loading 10 and firing the same, by a person who has applied for a license to 11 possess a pistol or revolver and pre-license possession of same pursuant 12 to section 400.00 or 400.01 of this chapter, who has not been previously 13 denied a license, been previously convicted of a felony or serious 14 offense, and who does not appear to be, or pose a threat to be, a danger 15 to [himself] themself or to others, and who has been approved for 16 possession and use herein in accordance with section 400.00 or 400.01 of 17 this chapter; provided however, (a) that such possession and use shall 18 be of a pistol or revolver duly licensed to and shall be used under the 19 supervision, guidance and instruction of, a person specified in para- 20 graph seven of this subdivision [and provided further that], (b) such 21 possession and use be within the jurisdiction of the licensing officer 22 with whom the person has made application therefor or within the juris- 23 diction of the superintendent of state police in the case of a retired 24 sworn member of the division of state police who has opted to make an 25 application pursuant to section 400.01 of this chapter, and (c) such 26 possession and use in accordance with this paragraph shall not preclude 27 the application of the provisions of or a conviction of the offense 28 defined in subdivision twelve of section 265.01 of this article. 29 7-e. Possession and use of a pistol or revolver, at an indoor or 30 outdoor pistol range located in or on premises owned or occupied by a 31 duly incorporated organization organized for conservation purposes or to 32 foster proficiency in small arms or at a target pistol shooting competi- 33 tion under the auspices of or approved by an association or organization 34 described in paragraph [7-a] seven-a of this subdivision for the purpose 35 of loading and firing the same by a person at least fourteen years of 36 age but under the age of twenty-one who has not been previously 37 convicted of a felony or serious offense, and who does not appear to be, 38 or pose a threat to be, a danger to [himself] themself or to others; 39 provided however, that such possession shall be of a pistol or revolver 40 duly licensed to and shall be used under the immediate supervision, 41 guidance and instruction of, a person specified in paragraph seven of 42 this subdivision; and provided, further, that such possession and use in 43 accordance with this paragraph shall not preclude the application of the 44 provisions of or a conviction of the offense defined in subdivision 45 twelve of section 265.01 of this article. 46 7-f. Possession and use of a magazine, belt, feed strip or similar 47 device, that contains more than seven rounds of ammunition, but that 48 does not have a capacity of or can readily be restored or converted to 49 accept more than ten rounds of ammunition, at an indoor or outdoor 50 firing range located in or on premises owned or occupied by a duly 51 incorporated organization organized for conservation purposes or to 52 foster proficiency in arms; at an indoor or outdoor firing range for the 53 purpose of firing a rifle or shotgun; at a collegiate, olympic or target 54 shooting competition under the auspices of or approved by the national 55 rifle association; or at an organized match sanctioned by the Interna- 56 tional Handgun Metallic Silhouette Association; provided that such 
 A. 105 6 1 possession and use in accordance with this paragraph shall not preclude 2 the application of the provisions of or a conviction of the offense 3 defined in subdivision twelve of section 265.01 of this article. 4 8. The manufacturer of machine-guns, firearm silencers, assault weap- 5 ons, large capacity ammunition feeding devices, rapid-fire modification 6 devices, disguised guns, pilum ballistic knives, switchblade or gravity 7 knives, billies or blackjacks as merchandise, or as a transferee recipi- 8 ent of the same for repair, lawful distribution or research and develop- 9 ment, and the disposal and shipment thereof direct to a regularly 10 constituted or appointed state or municipal police department, sheriff, 11 police officer or other peace officer, or to a state prison, penitenti- 12 ary, workhouse, county jail or other institution for the detention of 13 persons convicted or accused of crime or held as witnesses in criminal 14 cases, or to the military service of this state or of the United States; 15 or for the repair and return of the same to the lawful possessor or for 16 research and development; provided that status as a manufacturer, or 17 disposal and shipment in accordance with this paragraph shall not 18 preclude the application of the provisions of or a conviction of the 19 offense defined in subdivision twelve of section 265.01 of this article. 20 9. The regular and ordinary transport of firearms as merchandise, 21 provided that the person transporting such firearms, where [he] such 22 person knows or has reasonable means of ascertaining what [he] such 23 person is transporting, notifies in writing the police commissioner, 24 police chief or other law enforcement officer performing such functions 25 at the place of delivery, of the name and address of the consignee and 26 the place of delivery, and withholds delivery to the consignee for such 27 reasonable period of time designated in writing by such police commis- 28 sioner, police chief or other law enforcement officer as such official 29 may deem necessary for investigation as to whether the consignee may 30 lawfully receive and possess such firearms, provided, further, that such 31 transport in accordance with this paragraph shall not preclude the 32 application of the provisions of or a conviction of the offense defined 33 in subdivision twelve of section 265.01 of this article. 34 9-a. a. Except as provided in [subdivision] subparagraph b [hereof] of 35 this paragraph, the regular and ordinary transport of pistols or revol- 36 vers by a manufacturer of firearms to whom a license as a dealer in 37 firearms has been issued pursuant to section 400.00 of this chapter, or 38 by an agent or employee of such manufacturer of firearms who is other- 39 wise duly licensed to carry a pistol or revolver and who is duly author- 40 ized in writing by such manufacturer of firearms to transport pistols or 41 revolvers on the date or dates specified, directly between places where 42 the manufacturer of firearms regularly conducts business provided such 43 pistols or revolvers are transported unloaded, in a locked opaque 44 container, provided that status as a manufacturer, or disposal and ship- 45 ment in accordance with this paragraph shall not preclude the applica- 46 tion of the provisions of or a conviction of the offense defined in 47 subdivision twelve of section 265.01 of this article. For purposes of 48 this [subdivision] paragraph, places where the manufacturer of firearms 49 regularly conducts business [includes] include, but [is] are not limited 50 to places where the manufacturer of firearms regularly or customarily 51 conducts development or design of pistols or revolvers, or regularly or 52 customarily conducts tests on pistols or revolvers, or regularly or 53 customarily participates in the exposition of firearms to the public. 54 b. The transportation of such pistols or revolvers into, out of or 55 within the city of New York may be done only with the consent of the 56 police commissioner of the city of New York. To obtain such consent, the 
 A. 105 7 1 manufacturer must notify the police commissioner in writing of the name 2 and address of the transporting manufacturer, or agent or employee of 3 the manufacturer who is authorized in writing by such manufacturer to 4 transport pistols or revolvers, the number, make and model number of the 5 firearms to be transported and the place where the manufacturer regular- 6 ly conducts business within the city of New York and such other informa- 7 tion as the commissioner may deem necessary. The manufacturer must not 8 transport such pistols and revolvers between the designated places of 9 business for such reasonable period of time designated in writing by the 10 police commissioner as such official may deem necessary for investi- 11 gation and to give consent. The police commissioner may not unreasonably 12 withhold [his] their consent. 13 10. Engaging in the business of gunsmith or dealer in firearms by a 14 person to whom a valid license therefor has been issued pursuant to 15 section 400.00 of this chapter, provided that engaging in such business 16 in accordance with this paragraph shall not preclude the application of 17 the provisions of or a conviction of the offense defined in subdivision 18 twelve of section 265.01 of this article. 19 12. Possession of a pistol or revolver by a person who is a member or 20 coach of an accredited college or university target pistol team while 21 transporting the pistol or revolver into or through New York state to 22 participate in a collegiate, olympic or target pistol shooting competi- 23 tion under the auspices of or approved by the national rifle associ- 24 ation, provided such pistol or revolver is unloaded and carried in a 25 locked carrying case and the ammunition therefor is carried in a sepa- 26 rate locked container, provided, further that such possession in accord- 27 ance with this paragraph shall not preclude the application of the 28 provisions of or a conviction of the offense defined in subdivision 29 twelve of section 265.01 of this article. 30 13. Possession of pistols and revolvers by a person who is a nonresi- 31 dent of this state while attending or traveling to or from, an organized 32 competitive pistol match or league competition under auspices of, or 33 approved by, the National Rifle Association and in which [he] such 34 person is a competitor, within forty-eight hours of such event or by a 35 person who is a non-resident of the state while attending or traveling 36 to or from an organized match sanctioned by the International Handgun 37 Metallic Silhouette Association and in which [he] such person is a 38 competitor, within forty-eight hours of such event, provided that [he] 39 (a) such person has not been previously convicted of a felony or a crime 40 which, if committed in New York, would constitute a felony, (b) such 41 possession in accordance with this paragraph shall not preclude the 42 application of the provisions of or a conviction of the offense defined 43 in subdivision twelve of section 265.01 of this article, and [further 44 provided] (c) that the pistols or revolvers are transported unloaded in 45 a locked opaque container together with a copy of the match program, 46 match schedule or match registration card. Such documentation shall 47 constitute prima facie evidence of exemption, [providing] provided that 48 such person also has in [his] their possession a pistol license or 49 firearms registration card issued in accordance with the laws of [his] 50 such person's place of residence. For purposes of this [subdivision] 51 paragraph, a person licensed in a jurisdiction which does not authorize 52 such license by a person who has been previously convicted of a felony 53 shall be presumed to have no prior conviction. The superintendent of 54 state police shall annually review the laws of jurisdictions within the 55 United States and Canada with respect to the applicable requirements for 56 licensing or registration of firearms and shall publish a list of those 
 A. 105 8 1 jurisdictions which prohibit possession of a firearm by a person previ- 2 ously convicted of a felony or crimes which if committed in New York 3 state would constitute a felony. 4 13-a. Except in cities not wholly contained within a single county of 5 the state, possession of pistols and revolvers by a person who is a 6 nonresident of this state while attending or traveling to or from, an 7 organized convention or exhibition for the display of or education about 8 firearms, which is conducted under auspices of, or approved by, the 9 National Rifle Association and in which [he] such person is a registered 10 participant, within forty-eight hours of such event, provided that [he] 11 (a) such person has not been previously convicted of a felony or a crime 12 which, if committed in New York, would constitute a felony, (b) such 13 possession in accordance with this paragraph shall not preclude the 14 application of the provisions of or a conviction of the offense defined 15 in subdivision twelve of section 265.01 of this article, and [further 16 provided that] (c) the pistols or revolvers are transported unloaded in 17 a locked opaque container together with a copy of the convention or 18 exhibition program, convention or exhibition schedule or convention or 19 exhibition registration card. Such documentation shall constitute prima 20 facie evidence of exemption, [providing] provided that such person also 21 has in [his] their possession a pistol license or firearms registration 22 card issued in accordance with the laws of [his] such person's place of 23 residence. For purposes of this paragraph, a person licensed in a juris- 24 diction which does not authorize such license by a person who has been 25 previously convicted of a felony shall be presumed to have no prior 26 conviction. The superintendent of state police shall annually review the 27 laws of jurisdictions within the United States and Canada with respect 28 to the applicable requirements for licensing or registration of firearms 29 and shall publish a list of those jurisdictions which prohibit 30 possession of a firearm by a person previously convicted of a felony or 31 crimes which if committed in New York state would constitute a felony. 32 § 7. The penal law is amended by adding two new sections 265.70 and 33 265.75 to read as follows: 34 § 265.70 Testing. 35 1. Field testing. Every person who possesses a firearm, rifle or shot- 36 gun which has been brandished, displayed outside a holster, discharged 37 or otherwise used (other than in the person's home, at an indoor or 38 outdoor shooting range, or in an area where hunting is permitted with 39 the weapon), or which is possessed, displayed or discharged in violation 40 of any provision of this chapter shall, at the request of a police offi- 41 cer, submit to a breath test to be administered by the police officer, 42 unless such person demonstrates to such police officer's satisfaction 43 that such person is not subject to the provisions of subdivision twelve 44 of section 265.01 of this article. If such test indicates that such 45 possessor has consumed alcohol, the police officer may request such 46 possessor to submit to a chemical test in the manner set forth in subdi- 47 vision two of this section. 48 2. Chemical tests. (a) When authorized. Any person who possesses a 49 firearm, rifle or shotgun in this state, other than in such person's 50 home, shall be deemed to have given consent to a chemical test of one or 51 more of the following: breath, blood, urine, or saliva, for the purpose 52 of determining the alcoholic and/or drug content of the blood provided 53 that such test is administered by or at the direction of a police offi- 54 cer with respect to a chemical test of breath, urine or saliva or, with 55 respect to a chemical test of blood, at the direction of a police offi- 56 cer: 
 A. 105 9 1 (1) having reasonable grounds to believe such person possessed a 2 firearm, rife or shotgun in violation of subdivision twelve of section 3 265.01 of this article and within two hours after such person has been 4 placed under arrest for any such violation; or 5 (2) within two hours after a breath test, as provided in subdivision 6 one of this section, indicates that alcohol has been consumed by such 7 person and in accordance with the rules and regulations established by 8 the law enforcement agency of which the officer is a member. 9 For the purposes of this paragraph, "reasonable grounds" to believe 10 that a person possessed a firearm, rifle or shotgun in violation of 11 subdivision twelve of section 265.01 of this article shall be determined 12 by viewing the totality of circumstances surrounding the incident which, 13 when taken together, indicate that the possession violated such subdivi- 14 sion. Such circumstances may include any visible or behavioral indi- 15 cation of alcohol or drug consumption by such person, the existence of 16 an open container containing or having contained an alcoholic beverage 17 in or around the vicinity of such person, or any other evidence 18 surrounding the circumstances of the incident which indicates that the 19 person was in possession of a firearm, rifle or shotgun after having 20 consumed alcohol or drugs at the time of the incident. 21 (b) Report of refusal. (1) If: (A) such person having been placed 22 under arrest; or (B) after a breath test indicates the presence of alco- 23 hol in the person's system; and the person having thereafter been 24 requested to submit to such chemical test and having been informed that 25 any license held by such person to possess a firearm, rifle or shotgun 26 shall be subject to suspension or revocation for refusal to submit to 27 such test whether or not the person is found guilty of the charge for 28 which such person is arrested or detained, then if such person refuses 29 to submit to such chemical test or any portion thereof, unless a court 30 order has been granted pursuant to subdivision three of this section, 31 the test shall not be given and a written report of such refusal shall 32 be immediately made by the police officer before whom such refusal was 33 made. Such report may be verified by having the report sworn to, or by 34 affixing to such report a form notice that false statements made therein 35 are punishable as a class A misdemeanor pursuant to section 210.45 of 36 this chapter and such form notice together with the subscription of the 37 deponent shall constitute a verification of the report. 38 (2) The report of the police officer shall set forth reasonable 39 grounds to believe such arrested person had possessed a firearm, rifle 40 or shotgun in violation of subdivision twelve of section 265.01 of this 41 article, that said person had refused to submit to such chemical test, 42 and that no chemical test was administered pursuant to the requirements 43 of subdivision three of this section. The report shall be presented to 44 the court upon arraignment of an arrested person, and shall be transmit- 45 ted by such court to the appropriate licensing authority within forty- 46 eight hours of the arraignment. Such transmittal shall not be waived 47 even with the consent of all parties. 48 (3) The license may be temporarily suspended by such licensing author- 49 ity pending the determination of a hearing, in accordance with the rules 50 and procedures of such authority, for refusal to submit to a test in 51 either the circumstances described in subdivision one of this section or 52 the circumstances described in subparagraph one of this paragraph. Any 53 such refusal may, after such hearing or if uncontested, constitute 54 grounds for continued suspension or revocation of such license in 55 accordance with such rules and procedures. 
 A. 105 10 1 (4) Nothing in this section shall be deemed to restrict the discretion 2 of any licensing authority or the discretion of any judge or justice of 3 a court of record under subdivision eleven of section 400.00 of this 4 chapter to suspend or revoke a license because of an alleged violation 5 of subdivision twelve of section 265.01 of this article, or for any 6 other reason other than refusal to submit to a test as required by this 7 subdivision or subdivision one of this section. 8 (c) Regulations. A licensing authority or law enforcement agency may 9 promulgate such rules and regulations as may be necessary to effectuate 10 the provisions of this subdivision and subdivision one of this section. 11 (d) Evidence. Evidence of a refusal to submit to such chemical test or 12 any portion thereof shall be admissible in any trial, proceeding or 13 hearing based upon an alleged violation of the provisions of subdivision 14 twelve of section 265.01 of this article but only upon a showing that 15 the person was given sufficient warning, in clear and unequivocal 16 language, of the effect of such refusal and that the person persisted in 17 the refusal. Such showing shall be satisfied by submission of a verified 18 report of refusal as provided in subparagraph one of paragraph (b) of 19 this subdivision containing a statement that such person was informed 20 that their license shall be subject to suspension or revocation whether 21 or not the person is found guilty of the charge for which such person is 22 arrested or detained if such person refuses to submit to such test. 23 (e) Results. Upon the request of the person who was tested, the 24 results of such test shall be made available to such person. 25 3. Compulsory chemical tests. (a) Court ordered chemical tests. 26 Notwithstanding the provisions of subdivision two of this section, no 27 person subject to the provisions of subdivision twelve of section 265.01 28 of this article who possesses a firearm, rifle or shotgun (other than in 29 the person's home, at an indoor or outdoor shooting range, or an area 30 where hunting is permitted with the weapon) may refuse to submit to a 31 chemical test of one or more of the following: breath, blood, urine or 32 saliva, for the purpose of determining the alcoholic and/or drug content 33 of the blood when a court order for such chemical test has been issued 34 in accordance with the provisions of this subdivision. 35 (b) When authorized. Upon refusal by any person to submit to a chemi- 36 cal test or any portion thereof as described in paragraph (a) of this 37 subdivision, the test shall not be given unless a police officer or a 38 district attorney, as defined in subdivision thirty-two of section 1.20 39 of the criminal procedure law, requests and obtains a court order to 40 compel a person to submit to a chemical test to determine the alcoholic 41 or drug content of the person's blood upon a finding of reasonable cause 42 to believe that: 43 (1) such person possessed a firearm, rifle or shotgun with which 44 another person was killed or suffered physical injury; and 45 (2) (A) either such person possessed the firearm, rifle or shotgun in 46 violation of subdivision twelve of section 265.01 of this article, or 47 (B) a breath test administered by a police officer in accordance with 48 subdivision one of this section indicates that alcohol has been consumed 49 by such person; and 50 (3) such person has been placed under lawful arrest; and 51 (4) such person has refused to submit to a chemical test or any 52 portion thereof, requested in accordance with the provisions of para- 53 graph (a) of subdivision two of this section or is unable to give 54 consent to such a test. 55 (c) Reasonable cause; definition. For the purpose of this subdivision 56 "reasonable cause" shall be determined by viewing the totality of 
 A. 105 11 1 circumstances surrounding the incident which, when taken together, indi- 2 cate that the person possessed a firearm, rifle or shotgun in violation 3 of subdivision twelve of section 265.01 of this article. Such circum- 4 stances may include, but are not limited to: evidence that such person 5 was brandishing or using the firearm, rifle or shotgun in violation of 6 any provision of this chapter or committing any other crime at the time 7 of the incident; any visible indication of alcohol or drug consumption 8 or impairment by such person; the existence of an open container 9 containing an alcoholic beverage in or around the vicinity of such 10 person; or any other evidence surrounding the circumstances of the inci- 11 dent which indicates that the person possessed a firearm, rifle or shot- 12 gun while impaired by the consumption of alcohol or drugs or was intoxi- 13 cated at the time of the incident. 14 (d) Court order; procedure. (1) An application for a court order to 15 compel submission to a chemical test or any portion thereof, may be made 16 to any supreme court justice, county court judge or district court judge 17 in the judicial district in which the incident occurred, or if the inci- 18 dent occurred in the city of New York before any supreme court justice 19 or judge of the criminal court of the city of New York. Such applica- 20 tion may be communicated by telephone, radio or other means of electron- 21 ic communication, or in person. 22 (2) The applicant must provide identification by name and title and 23 must state the purpose of the communication. Upon being advised that an 24 application for a court order to compel submission to a chemical test is 25 being made, the court shall place under oath the applicant and any other 26 person providing information in support of the application as provided 27 in subparagraph three of this paragraph. After being sworn the applicant 28 must state that the person from whom the chemical test was requested 29 possessed a firearm, rifle or shotgun with which another person was 30 killed or physically injured and, based upon the totality of circum- 31 stances, there is reasonable cause to believe that such person possessed 32 a firearm, rifle or shotgun in violation of subdivision twelve of 33 section 265.01 of this article or a breath test indicated that alcohol 34 had been consumed by such person and, after being placed under lawful 35 arrest such person refused to submit to a chemical test or any portion 36 thereof, in accordance with the provisions of this section or is unable 37 to give consent to such a test or any portion thereof. The applicant 38 must make specific allegations of fact to support such statement. Any 39 other person properly identified, may present sworn allegations of fact 40 in support of the applicant's statement. 41 (3) Upon being advised that an oral application for a court order to 42 compel a person to submit to a chemical test is being made, a judge or 43 justice shall place under oath the applicant and any other person 44 providing information in support of the application. Such oath or oaths 45 and all of the remaining communication must be recorded, either by means 46 of a voice recording device or verbatim stenographic or verbatim long- 47 hand notes. If a voice recording device is used or a stenographic record 48 made, the judge must have the record transcribed, certify to the accura- 49 cy of the transcription and file the original record and transcription 50 with the court within seventy-two hours of the issuance of the court 51 order. If longhand notes are taken, the judge shall subscribe a copy and 52 file it with the court within twenty-four hours of the issuance of the 53 order. 54 (4) If the court is satisfied that the requirements for the issuance 55 of a court order pursuant to the provisions of paragraph (b) of this 56 subdivision have been met, it may grant the application and issue an 
 A. 105 12 1 order requiring the accused to submit to a chemical test to determine 2 the alcoholic and/or drug content of such person's blood and ordering 3 the withdrawal of a blood sample in accordance with the provisions of 4 paragraph (a) of subdivision four of this section. When a judge or 5 justice determines to issue an order to compel submission to a chemical 6 test based on an oral application, the applicant therefor shall prepare 7 the order in accordance with the instructions of the judge or justice. 8 In all cases the order shall include the name of the issuing judge or 9 justice, the name of the applicant, and the date and time it was issued. 10 It must be signed by the judge or justice if issued in person, or by the 11 applicant if issued orally. 12 (5) Any false statement by an applicant or any other person in support 13 of an application for a court order shall subject such person to the 14 offenses for perjury set forth in article two hundred ten of this chap- 15 ter. 16 (6) The chief administrator of the courts shall establish a schedule 17 to provide that a sufficient number of judges or justices will be avail- 18 able in each judicial district to hear oral applications for court 19 orders as permitted by this section. 20 (e) Administration of compulsory chemical test. An order issued pursu- 21 ant to the provisions of this subdivision shall require that a chemical 22 test to determine the alcoholic and/or drug content of the possessor's 23 blood must be administered. The provisions of paragraphs (a), (b) and 24 (c) of subdivision four of this section shall be applicable to any chem- 25 ical test administered pursuant to this section. 26 4. Testing procedures. (a) Persons authorized to withdraw blood; immu- 27 nity; testimony. (1) At the request of a police officer, the following 28 persons may withdraw blood for the purpose of determining the alcoholic 29 and/or drug content therein: (A) a physician, a registered professional 30 nurse or a registered physician assistant; or (B) under the supervision 31 and at the direction of a physician: a medical laboratory technician or 32 medical technologist as classified by civil service; a phlebotomist; an 33 advanced emergency medical technician as certified by the department of 34 health; or a medical laboratory technician or medical technologist 35 employed by a clinical laboratory approved under title five of article 36 five of the public health law. This limitation shall not apply to the 37 taking of a urine, saliva or breath specimen. 38 (2) No person entitled to withdraw blood pursuant to subparagraph one 39 of this paragraph or hospital employing such person, and no other 40 employer of such person shall be sued or held liable for any act done or 41 omitted in the course of withdrawing blood at the request of a police 42 officer pursuant to this section. 43 (3) Any person who may have a cause of action arising from the with- 44 drawal of blood as aforesaid, for which no personal liability exists 45 under subparagraph two of this paragraph, may maintain such action 46 against the state if any person entitled to withdraw blood pursuant to 47 this paragraph acted at the request of a police officer employed by the 48 state, or against the appropriate political subdivision of the state if 49 such person acted at the request of a police officer employed by a poli- 50 tical subdivision of the state. No action shall be maintained pursuant 51 to this subparagraph unless notice of claim is duly filed or served in 52 compliance with law. 53 (4) Notwithstanding the foregoing provisions of this paragraph an 54 action may be maintained by the state or a political subdivision thereof 55 against a person entitled to withdraw blood pursuant to subparagraph one 56 of this paragraph or hospital employing such person for whose act or 
 A. 105 13 1 omission the state or the political subdivision has been held liable 2 under this paragraph to recover damages, not exceeding the amount 3 awarded to the claimant, that may have been sustained by the state or 4 the political subdivision by reason of gross negligence or bad faith on 5 the part of such person. 6 (5) The testimony of any person other than a physician, entitled to 7 withdraw blood pursuant to subparagraph one of this paragraph, in 8 respect to any such withdrawal of blood made by such person may be 9 received in evidence with the same weight, force and effect as if such 10 withdrawal of blood were made by a physician. 11 (6) The provisions of subparagraphs two, three and four of this para- 12 graph shall also apply with regard to any person employed by a hospital 13 as security personnel for any act done or omitted in the course of with- 14 drawing blood at the request of a police officer pursuant to a court 15 order in accordance with subdivision three of this section. 16 (b) Right to additional test. The person tested shall be permitted to 17 choose a physician to administer a chemical test in addition to the one 18 administered at the direction of the police officer. 19 (c) Rules and regulations. The rules and regulations issued by the 20 department of health pursuant to paragraph (c) of subdivision four of 21 section eleven hundred ninety-four of the vehicle and traffic law shall 22 also apply to analyses under this section. If the analyses were made by 23 an individual possessing a permit issued by the department of health, 24 this shall be presumptive evidence that the examination was properly 25 given. The provisions of this paragraph do not prohibit the introduction 26 as evidence of an analysis made by an individual other than a person 27 possessing a permit issued by the department of health. 28 5. Definitions. For the purposes of this section: 29 (a) "License" means and includes licenses issued pursuant to section 30 400.00 of this chapter, and any permit issued by a county, city, town or 31 village pursuant to a local law, code or ordinance which restricts the 32 possession and purchase of rifles and shotguns. 33 (b) "Licensing authority" means the licensing officer or agency which 34 issues a license. 35 § 265.75 Chemical test evidence. 36 1. Admissibility. Upon the trial of any action or proceeding arising 37 out of actions alleged to have been committed by any person arrested for 38 a violation of subdivision twelve of section 265.01 of this article, the 39 court shall admit evidence of the amount of alcohol or drugs in the 40 defendant's blood as shown by a test administered pursuant to the 41 provisions of section 265.70 of this article. 42 2. Probative value. The following effect shall be given to evidence of 43 blood-alcohol content, as determined by such tests, of a person arrested 44 for violation of subdivision twelve of section 265.01 of this article: 45 (a) Evidence that there was .05 of one per centum or less by weight of 46 alcohol in such person's blood shall be prima facie evidence that the 47 ability of such person to safely possess a firearm, rifle or shotgun was 48 not impaired by the consumption of alcohol, and that such person was not 49 in an intoxicated condition; 50 (b) Evidence that there was more than .05 of one per centum but less 51 than .07 of one per centum by weight of alcohol in such person's blood 52 shall be prima facie evidence that such person was not in an intoxicated 53 condition, but such evidence shall be relevant evidence, but shall not 54 be given prima facie effect, in determining whether the ability of such 55 person to safely possess a firearm, rifle or shotgun was impaired by the 56 consumption of alcohol; and 
 A. 105 14 1 (c) Evidence that there was .07 of one per centum or more but less 2 than .08 of one per centum by weight of alcohol in such person's blood 3 shall be prima facie evidence that such person was not in an intoxicated 4 condition, but such evidence shall be given prima facie effect in deter- 5 mining whether the ability of such person to safely possess a firearm, 6 rifle or shotgun was impaired by the consumption of alcohol. 7 3. Suppression. A defendant who has been compelled to submit to a 8 chemical test pursuant to the provisions of subdivision three of section 9 265.70 of this article may move for the suppression of such evidence in 10 accordance with article seven hundred ten of the criminal procedure law 11 on the grounds that the order was obtained and the test administered in 12 violation of the provisions of such subdivision or any other applicable 13 law. 14 § 8. Paragraph (a) of subdivision 11 of section 400.00 of the penal 15 law, as amended by chapter 371 of the laws of 2022, is amended to read 16 as follows: 17 (a) The conviction of a licensee anywhere of a felony or serious 18 offense or a licensee at any time becoming ineligible to obtain a 19 license, including engaging in conduct that would have resulted in the 20 denial of a license, under this section shall operate as or be grounds 21 for, a revocation of the license. A license may be revoked or suspended 22 as provided for in subdivision two of section 265.70 of this chapter, 23 section 530.14 of the criminal procedure law or section eight hundred 24 forty-two-a of the family court act. Except for a license issued pursu- 25 ant to section 400.01 of this article, a license may be revoked and 26 cancelled at any time in the city of New York, and in the counties of 27 Nassau and Suffolk, by the licensing officer, and elsewhere than in the 28 city of New York by any judge or justice of a court of record; a license 29 issued pursuant to section 400.01 of this article may be revoked and 30 cancelled at any time by the licensing officer or any judge or justice 31 of a court of record. A license to engage in the business of dealer may 32 be revoked or suspended for any violation of the provisions of article 33 thirty-nine-BB of the general business law. The official revoking a 34 license shall give written notice thereof without unnecessary delay to 35 the executive department, division of state police, Albany, and shall 36 also notify immediately the duly constituted police authorities of the 37 locality. The licensing officer shall revoke any license issued in which 38 an applicant knowingly made a material false statement on the applica- 39 tion. Notice of a revocation under this subdivision shall be issued in 40 writing and shall include the basis for the determination, which shall 41 be supported by a preponderance of the evidence. Such notice shall also 42 include information regarding the ability to appeal such decision in 43 accordance with subdivision four-a of this section. 44 § 9. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law. Provided, however, that any actions, 46 including but not limited to the promulgation of rules and regulations, 47 necessary to implement the provisions of this act on its effective date 48 are authorized and directed to be made and completed on or before such 49 effective date.