Bill Text: NY S03587 | 2013-2014 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03587 Detail]
Download: New_York-2013-S03587-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3587 2013-2014 Regular Sessions I N S E N A T E February 7, 2013 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee 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 NINE OF SECTION 265.01 OF THIS CHAPTER MAY INCLUDE A 11 FINE, FIXED BY THE COURT, NOT EXCEEDING TEN THOUSAND DOLLARS. 12 S 2. Section 265.00 of the penal law is amended by adding a new subdi- 13 vision 25 to read as follows: 14 25. "DRUG" MEANS ANY CONTROLLED SUBSTANCE LISTED IN SECTION 15 THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW. 16 S 3. Subdivision 3 of section 265.01 of the penal law is REPEALED. 17 S 4. Subdivisions 2, 4, 5, 6, 7 and 8 of section 265.01 of the penal 18 law, as amended by chapter 1 of the laws of 2013, are amended and a new 19 subdivision 9 is added to read as follows: 20 (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor, 21 stiletto, imitation pistol, or any other dangerous or deadly instrument 22 or weapon with intent to use the same unlawfully against another; or 23 (4) He OR SHE possesses a rifle, shotgun, antique firearm, black 24 powder rifle, black powder shotgun, or any muzzle-loading firearm, and 25 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. LBD03919-02-3 S. 3587 2 1 (5) He OR SHE possesses any dangerous or deadly weapon and is not a 2 citizen of the United States; or 3 (6) He OR SHE is a person who has been certified not suitable to 4 possess a rifle or shotgun, as defined in subdivision sixteen of section 5 265.00 OF THIS ARTICLE, and refuses to yield possession of such rifle or 6 shotgun upon the demand of a police officer. Whenever a person is certi- 7 fied not suitable to possess a rifle or shotgun, a member of the police 8 department to which such certification is made, or of the state police, 9 shall forthwith seize any rifle or shotgun possessed by such person. A 10 rifle or shotgun seized as herein provided shall not be destroyed, but 11 shall be delivered to the headquarters of such police department, or 12 state police, and there retained until the aforesaid certificate has 13 been rescinded by the director or physician in charge, or other disposi- 14 tion of such rifle or shotgun has been ordered or authorized by a court 15 of competent jurisdiction[.]; OR 16 (7) He OR SHE knowingly possesses a bullet containing an explosive 17 substance designed to detonate upon impact[.]; OR 18 (8) He OR SHE possesses any armor piercing ammunition with intent to 19 use the same unlawfully against another[.]; OR 20 (9) (A) HE OR SHE POSSESSES A FIREARM, RIFLE OR SHOTGUN OUTSIDE OF HIS 21 OR HER HOME WHILE: 22 (I) HE OR SHE IS IN AN INTOXICATED CONDITION; OR 23 (II) HE OR SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL 24 IN THE PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S 25 BLOOD, BREATH, URINE OR SALIVA, MADE PURSUANT TO SECTION 265.50 OF THIS 26 ARTICLE; OR 27 (III) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR 28 SHOTGUN IS IMPAIRED BY CONSUMPTION OF ALCOHOL; OR 29 (IV) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT- 30 GUN IS IMPAIRED BY USE OF ANY DRUG; OR 31 (V) HIS OR HER ABILITY TO SAFELY POSSESS SUCH FIREARM, RIFLE OR SHOT- 32 GUN IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY 33 DRUG OR DRUGS. 34 (B) A PERSON MAY BE CONVICTED OF A VIOLATION OF SUBPARAGRAPH (I), (II) 35 OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, NOTWITHSTANDING THAT THE 36 CHARGE LAID BEFORE THE COURT ALLEGED A VIOLATION OF SUBPARAGRAPH (I) OR 37 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AND REGARDLESS OF WHETHER OR 38 NOT SUCH CONVICTION IS BASED ON A PLEA OF GUILTY. 39 S 5. Paragraphs 3, 4, 5, 7, 7-a, 7-b, 7-e, 7-f, 8, 9, 9-a, 10, 12, 13 40 and 13-a of subdivision a of section 265.20 of the penal law, paragraph 41 3 as amended and paragraph 7-f as added by chapter 1 of the laws of 42 2013, paragraphs 4, 9 and 10 as amended by chapter 1041 of the laws of 43 1974, paragraph 5 as amended by chapter 235 of the laws of 2007, para- 44 graph 7 as amended by chapter 180 of the laws of 1998, paragraphs 7-a 45 and 7-b as amended by chapter 210 of the laws of 1999, paragraph 7-e as 46 amended by chapter 281 of the laws of 2006, paragraph 8 as amended by 47 chapter 61 of the laws of 2010, paragraph 9-a as amended by chapter 608 48 of the laws of 1984, paragraph 12 as added by chapter 90 of the laws of 49 1979, paragraph 13 as amended by chapter 150 of the laws of 1988 and 50 paragraph 13-a as added by chapter 370 of the laws of 1986, are amended 51 to read as follows: 52 3. Possession of a pistol or revolver by a person to whom a license 53 therefor has been issued as provided under section 400.00 or 400.01 of 54 this chapter or possession of a weapon as defined in paragraph (e) or 55 (f) of subdivision twenty-two of section 265.00 of this article which is 56 registered pursuant to paragraph (a) of subdivision sixteen-a of section S. 3587 3 1 400.00 of this chapter or is included on an amended license issued 2 pursuant to section 400.00 of this chapter. In the event such license is 3 revoked, other than because such licensee is no longer permitted to 4 possess a firearm, rifle or shotgun under federal or state law, informa- 5 tion sufficient to satisfy the requirements of subdivision sixteen-a of 6 section 400.00 of this chapter, shall be transmitted by the licensing 7 officer to the state police, in a form as determined by the superinten- 8 dent of state police. Such transmission shall constitute a valid regis- 9 tration under such section. Further provided, notwithstanding any other 10 section of this title, a failure to register such weapon by an individ- 11 ual who possesses such weapon before the enactment of the chapter of the 12 laws of two thousand thirteen which amended this paragraph and may so 13 lawfully possess it thereafter upon registration, shall only be subject 14 to punishment pursuant to paragraph (c) of subdivision sixteen-a of 15 section 400.00 of this chapter; provided, that such a license or regis- 16 tration shall not preclude a conviction for [the] AN offense defined in 17 subdivision three OR NINE of section 265.01 of this article or section 18 265.01-a of this article. 19 4. Possession of a rifle, shotgun or longbow for use while hunting, 20 trapping or fishing, by a person, not a citizen of the United States, 21 carrying a valid license issued pursuant to section 11-0713 of the envi- 22 ronmental conservation law; PROVIDED THAT SUCH POSSESSION IN ACCORDANCE 23 WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISION 24 OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 25 265.01 OF THIS ARTICLE. 26 5. Possession of a rifle or shotgun by a person other than a person 27 who has been convicted of a class A-I felony or a violent felony 28 offense, as defined in subdivision one of section 70.02 of this chapter, 29 who has been convicted as specified in subdivision four of section 30 265.01 OF THIS ARTICLE to whom a certificate of good conduct has been 31 issued pursuant to section seven hundred three-b of the correction law; 32 PROVIDED THAT SUCH POSSESSION IN ACCORDANCE WITH THIS PARAGRAPH SHALL 33 NOT PRECLUDE THE APPLICATION OF THE PROVISION OF OR A CONVICTION OF THE 34 OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE. 35 7. Possession, at an indoor or outdoor shooting range for the purpose 36 of loading and firing, of a rifle or shotgun, the propelling force of 37 which is gunpowder by a person under sixteen years of age but not under 38 twelve, under the immediate supervision, guidance and instruction of (a) 39 a duly commissioned officer of the United States army, navy, air force, 40 marine corps or coast guard, or of the national guard of the state of 41 New York; or (b) a duly qualified adult citizen of the United States who 42 has been granted a certificate as an instructor in small arms practice 43 issued by the United States army, navy, air force or marine corps, or by 44 the adjutant general of this state, or by the national rifle association 45 of America, a not-for-profit corporation duly organized under the laws 46 of this state; or (c) a parent, guardian, or a person over the age of 47 eighteen designated in writing by such parent or guardian who shall have 48 a certificate of qualification in responsible hunting, including safety, 49 ethics, and landowner relations-hunter relations, issued or honored by 50 the department of environmental conservation; or (d) an agent of the 51 department of environmental conservation appointed to conduct courses in 52 responsible hunting practices pursuant to article eleven of the environ- 53 mental conservation law; PROVIDED THAT SUCH POSSESSION IN ACCORDANCE 54 WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS 55 OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 56 265.01 OF THIS ARTICLE. S. 3587 4 1 7-a. Possession and use, at an indoor or outdoor pistol range located 2 in or on premises owned or occupied by a duly incorporated organization 3 organized for conservation purposes or to foster proficiency in small 4 arms or at a target pistol shooting competition under the auspices of or 5 approved by the national rifle association for the purpose of loading 6 and firing the same, by a person duly licensed to possess a pistol or 7 revolver pursuant to section 400.00 or 400.01 of this chapter of a 8 pistol or revolver duly so licensed to another person who is present at 9 the time; PROVIDED THAT SUCH POSSESSION AND USE IN ACCORDANCE WITH THIS 10 PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF OR A 11 CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 265.01 12 OF THIS ARTICLE. 13 7-b. Possession and use, at an indoor or outdoor pistol range located 14 in or on premises owned or occupied by a duly incorporated organization 15 organized for conservation purposes or to foster proficiency in small 16 arms or at a target pistol shooting competition under the auspices of or 17 approved by the national rifle association for the purpose of loading 18 and firing the same, by a person who has applied for a license to 19 possess a pistol or revolver and pre-license possession of same pursuant 20 to section 400.00 or 400.01 of this chapter, who has not been previously 21 denied a license, been previously convicted of a felony or serious 22 offense, and who does not appear to be, or pose a threat to be, a danger 23 to himself or to others, and who has been approved for possession and 24 use herein in accordance with section 400.00 or 400.01 of this chapter; 25 provided however, (A) that such possession AND USE shall be of a pistol 26 or revolver duly licensed to and shall be used under the supervision, 27 guidance and instruction of, a person specified in paragraph seven of 28 this subdivision [and provided further that], (B) such possession and 29 use be within the jurisdiction of the licensing officer with whom the 30 person has made application therefor or within the jurisdiction of the 31 superintendent of state police in the case of a retired sworn member of 32 the division of state police who has made an application pursuant to 33 section 400.01 of this chapter, AND (C) SUCH POSSESSION AND USE IN 34 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE 35 PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE 36 OF SECTION 265.01 OF THIS ARTICLE. 37 7-e. Possession and use of a pistol or revolver, at an indoor or 38 outdoor pistol range located in or on premises owned or occupied by a 39 duly incorporated organization organized for conservation purposes or to 40 foster proficiency in small arms or at a target pistol shooting competi- 41 tion under the auspices of or approved by an association or organization 42 described in paragraph [7-a] SEVEN-A of this subdivision for the purpose 43 of loading and firing the same by a person at least fourteen years of 44 age but under the age of twenty-one who has not been previously 45 convicted of a felony or serious offense, and who does not appear to be, 46 or pose a threat to be, a danger to himself OR HERSELF or to others; 47 provided however, that such possession shall be of a pistol or revolver 48 duly licensed to and shall be used under the immediate supervision, 49 guidance and instruction of, a person specified in paragraph seven of 50 this subdivision; AND PROVIDED, FURTHER, THAT SUCH POSSESSION AND USE IN 51 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE 52 PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE 53 OF SECTION 265.01 OF THIS ARTICLE. 54 7-f. Possession and use of a magazine, belt, feed strip or similar 55 device, that contains more than seven rounds of ammunition, but that 56 does not have a capacity of or can readily be restored or converted to S. 3587 5 1 accept more than ten rounds of ammunition, at an indoor or outdoor 2 firing range located in or on premises owned or occupied by a duly 3 incorporated organization organized for conservation purposes or to 4 foster proficiency in arms; at an indoor or outdoor firing range for the 5 purpose of firing a rifle or shotgun; at a collegiate, olympic or target 6 shooting competition under the auspices of or approved by the national 7 rifle association; or at an organized match sanctioned by the Interna- 8 tional Handgun Metallic Silhouette Association; PROVIDED THAT SUCH 9 POSSESSION AND USE IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE 10 THE APPLICATION OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE 11 DEFINED IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE. 12 8. The manufacturer of machine-guns, firearm silencers, assault weap- 13 ons, large capacity ammunition feeding devices, disguised guns, pilum 14 ballistic knives, switchblade or gravity knives, billies or blackjacks 15 as merchandise, or as a transferee recipient of the same for repair, 16 lawful distribution or research and development, and the disposal and 17 shipment thereof direct to a regularly constituted or appointed state or 18 municipal police department, sheriff, [policeman] POLICE OFFICER or 19 other peace officer, or to a state prison, penitentiary, workhouse, 20 county jail or other institution for the detention of persons convicted 21 or accused of crime or held as witnesses in criminal cases, or to the 22 military service of this state or of the United States; or for the 23 repair and return of the same to the lawful possessor or for research 24 and development; PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND 25 SHIPMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLI- 26 CATION OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN 27 SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE. 28 9. The regular and ordinary transport of firearms as merchandise, 29 provided that the person transporting such firearms, where he OR SHE 30 knows or has reasonable means of ascertaining what he OR SHE is trans- 31 porting, notifies in writing the police commissioner, police chief or 32 other law enforcement officer performing such functions at the place of 33 delivery, of the name and address of the consignee and the place of 34 delivery, and withholds delivery to the consignee for such reasonable 35 period of time designated in writing by such police commissioner, police 36 chief or other law enforcement officer as such official may deem neces- 37 sary for investigation as to whether the consignee may lawfully receive 38 and possess such firearms, PROVIDED, FURTHER, THAT SUCH TRANSPORT IN 39 ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE 40 PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE 41 OF SECTION 265.01 OF THIS ARTICLE. 42 9-a. a. Except as provided in [subdivision] SUBPARAGRAPH b [hereof] OF 43 THIS PARAGRAPH, the regular and ordinary transport of pistols or revol- 44 vers by a manufacturer of firearms to whom a license as a dealer in 45 firearms has been issued pursuant to section 400.00 of this chapter, or 46 by an agent or employee of such manufacturer of firearms who is other- 47 wise duly licensed to carry a pistol or revolver and who is duly author- 48 ized in writing by such manufacturer of firearms to transport pistols or 49 revolvers on the date or dates specified, directly between places where 50 the manufacturer of firearms regularly conducts business provided such 51 pistols or revolvers are transported unloaded, in a locked opaque 52 container, PROVIDED THAT STATUS AS A MANUFACTURER, OR DISPOSAL AND SHIP- 53 MENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICA- 54 TION OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN 55 SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE. For purposes of 56 this [subdivision] PARAGRAPH, places where the manufacturer of firearms S. 3587 6 1 regularly conducts business [includes] INCLUDE, but [is] ARE not limited 2 to places where the manufacturer of firearms regularly or customarily 3 conducts development or design of pistols or revolvers, or regularly or 4 customarily conducts tests on pistols or revolvers, or regularly or 5 customarily participates in the exposition of firearms to the public. 6 b. The transportation of such pistols or revolvers into, out of or 7 within the city of New York may be done only with the consent of the 8 police commissioner of the city of New York. To obtain such consent, the 9 manufacturer must notify the police commissioner in writing of the name 10 and address of the transporting manufacturer, or agent or employee of 11 the manufacturer who is authorized in writing by such manufacturer to 12 transport pistols or revolvers, the number, make and model number of the 13 firearms to be transported and the place where the manufacturer regular- 14 ly conducts business within the city of New York and such other informa- 15 tion as the commissioner may deem necessary. The manufacturer must not 16 transport such pistols and revolvers between the designated places of 17 business for such reasonable period of time designated in writing by the 18 police commissioner as such official may deem necessary for investi- 19 gation and to give consent. The police commissioner may not unreasonably 20 withhold his consent. 21 10. Engaging in the business of gunsmith or dealer in firearms by a 22 person to whom a valid license therefor has been issued pursuant to 23 section 400.00 OF THIS CHAPTER, PROVIDED THAT ENGAGING IN SUCH BUSINESS 24 IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF 25 THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION 26 NINE OF SECTION 265.01 OF THIS ARTICLE. 27 12. Possession of a pistol or revolver by a person who is a member or 28 coach of an accredited college or university target pistol team while 29 transporting the pistol or revolver into or through New York state to 30 participate in a collegiate, olympic or target pistol shooting competi- 31 tion under the auspices of or approved by the national rifle associ- 32 ation, provided such pistol or revolver is unloaded and carried in a 33 locked carrying case and the ammunition therefor is carried in a sepa- 34 rate locked container, PROVIDED, FURTHER THAT SUCH POSSESSION IN ACCORD- 35 ANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE 36 PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE 37 OF SECTION 265.01 OF THIS ARTICLE. 38 13. Possession of pistols and revolvers by a person who is a nonresi- 39 dent of this state while attending or traveling to or from, an organized 40 competitive pistol match or league competition under auspices of, or 41 approved by, the National Rifle Association and in which he OR SHE is a 42 competitor, within forty-eight hours of such event or by a person who is 43 a non-resident of the state while attending or traveling to or from an 44 organized match sanctioned by the International Handgun Metallic Silhou- 45 ette Association and in which he OR SHE is a competitor, within forty- 46 eight hours of such event, provided that (A) he OR SHE has not been 47 previously convicted of a felony or a crime which, if committed in New 48 York, would constitute a felony, (B) SUCH POSSESSION IN ACCORDANCE WITH 49 THIS PARAGRAPH SHALL NOT PRECLUDE THE APPLICATION OF THE PROVISIONS OF 50 OR A CONVICTION OF THE OFFENSE DEFINED IN SUBDIVISION NINE OF SECTION 51 260.01 OF THIS ARTICLE, and [further provided] (C) that the pistols or 52 revolvers are transported unloaded in a locked opaque container together 53 with a copy of the match program, match schedule or match registration 54 card. Such documentation shall constitute prima facie evidence of 55 exemption, [providing] PROVIDED that such person also has in his OR HER 56 possession a pistol license or firearms registration card issued in S. 3587 7 1 accordance with the laws of his OR HER place of residence. For purposes 2 of this [subdivision] PARAGRAPH, a person licensed in a jurisdiction 3 which does not authorize such license by a person who has been previous- 4 ly convicted of a felony shall be presumed to have no prior conviction. 5 The superintendent of state police shall annually review the laws of 6 jurisdictions within the United States and Canada with respect to the 7 applicable requirements for licensing or registration of firearms and 8 shall publish a list of those jurisdictions which prohibit possession of 9 a firearm by a person previously convicted of a felony or crimes which 10 if committed in New York state would constitute a felony. 11 13-a. Except in cities not wholly contained within a single county of 12 the state, possession of pistols and revolvers by a person who is a 13 nonresident of this state while attending or traveling to or from, an 14 organized convention or exhibition for the display of or education about 15 firearms, which is conducted under auspices of, or approved by, the 16 National Rifle Association and in which he OR SHE is a registered 17 participant, within forty-eight hours of such event, provided that (A) 18 he OR SHE has not been previously convicted of a felony or a crime 19 which, if committed in New York, would constitute a felony, (B) SUCH 20 POSSESSION IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT PRECLUDE THE 21 APPLICATION OF THE PROVISIONS OF OR A CONVICTION OF THE OFFENSE DEFINED 22 IN SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, and [further 23 provided that] (C) the pistols or revolvers are transported unloaded in 24 a locked opaque container together with a copy of the convention or 25 exhibition program, convention or exhibition schedule or convention or 26 exhibition registration card. Such documentation shall constitute prima 27 facie evidence of exemption, [providing] PROVIDED that such person also 28 has in his OR HER possession a pistol license or firearms registration 29 card issued in accordance with the laws of his OR HER place of resi- 30 dence. For purposes of this paragraph, a person licensed in a jurisdic- 31 tion which does not authorize such license by a person who has been 32 previously convicted of a felony shall be presumed to have no prior 33 conviction. The superintendent of state police shall annually review the 34 laws of jurisdictions within the United States and Canada with respect 35 to the applicable requirements for licensing or registration of firearms 36 and shall publish a list of those jurisdictions which prohibit 37 possession of a firearm by a person previously convicted of a felony or 38 crimes which if committed in New York state would constitute a felony. 39 S 6. The penal law is amended by adding two new sections 265.50 and 40 265.55 to read as follows: 41 S 265.50 TESTING. 42 1. FIELD TESTING. EVERY PERSON WHO POSSESSES A FIREARM, RIFLE OR SHOT- 43 GUN WHICH HAS BEEN BRANDISHED, DISPLAYED OUTSIDE A HOLSTER, DISCHARGED 44 OR OTHERWISE USED (OTHER THAN IN THE PERSON'S HOME, AT AN INDOOR OR 45 OUTDOOR SHOOTING RANGE, OR IN AN AREA WHERE HUNTING IS PERMITTED WITH 46 THE WEAPON), OR WHICH IS POSSESSED, DISPLAYED OR DISCHARGED IN VIOLATION 47 OF ANY PROVISION OF THIS CHAPTER SHALL, AT THE REQUEST OF A POLICE OFFI- 48 CER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE OFFICER, 49 UNLESS SUCH PERSON DEMONSTRATES TO SUCH POLICE OFFICER'S SATISFACTION 50 THAT HE OR SHE IS NOT SUBJECT TO THE PROVISIONS OF SUBDIVISION NINE OF 51 SECTION 265.01 OF THIS ARTICLE. IF SUCH TEST INDICATES THAT SUCH POSSES- 52 SOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH POSSESSOR 53 TO SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION TWO 54 OF THIS SECTION. 55 2. CHEMICAL TESTS. (A) WHEN AUTHORIZED. ANY PERSON WHO POSSESSES A 56 FIREARM, RIFLE OR SHOTGUN IN THIS STATE, OTHER THAN IN SUCH PERSON'S S. 3587 8 1 HOME, SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OF ONE OR 2 MORE OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA, FOR THE PURPOSE 3 OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF THE BLOOD PROVIDED 4 THAT SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION OF A POLICE OFFI- 5 CER WITH RESPECT TO A CHEMICAL TEST OF BREATH, URINE OR SALIVA OR, WITH 6 RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF A POLICE OFFI- 7 CER: 8 (1) HAVING REASONABLE GROUNDS TO BELIEVE SUCH PERSON POSSESSED A 9 FIREARM, RIFE OR SHOTGUN IN VIOLATION OF SUBDIVISION NINE OF SECTION 10 265.01 OF THIS ARTICLE AND WITHIN TWO HOURS AFTER SUCH PERSON HAS BEEN 11 PLACED UNDER ARREST FOR ANY SUCH VIOLATION; OR 12 (2) WITHIN TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN SUBDIVISION 13 ONE OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH 14 PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY 15 THE LAW ENFORCEMENT AGENCY OF WHICH THE OFFICER IS A MEMBER. 16 FOR THE PURPOSES OF THIS PARAGRAPH, "REASONABLE GROUNDS" TO BELIEVE 17 THAT A PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF 18 SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE SHALL BE DETERMINED 19 BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, 20 WHEN TAKEN TOGETHER, INDICATE THAT THE POSSESSION VIOLATED SUCH SUBDIVI- 21 SION. SUCH CIRCUMSTANCES MAY INCLUDE ANY VISIBLE OR BEHAVIORAL INDI- 22 CATION OF ALCOHOL OR DRUG CONSUMPTION BY SUCH PERSON, THE EXISTENCE OF 23 AN OPEN CONTAINER CONTAINING OR HAVING CONTAINED AN ALCOHOLIC BEVERAGE 24 IN OR AROUND THE VICINITY OF SUCH PERSON, OR ANY OTHER EVIDENCE 25 SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE 26 PERSON WAS IN POSSESSION OF A FIREARM, RIFLE OR SHOTGUN AFTER HAVING 27 CONSUMED ALCOHOL OR DRUGS AT THE TIME OF THE INCIDENT. 28 (B) REPORT OF REFUSAL. (1) IF: (A) SUCH PERSON HAVING BEEN PLACED 29 UNDER ARREST; OR (B) AFTER A BREATH TEST INDICATES THE PRESENCE OF ALCO- 30 HOL IN THE PERSON'S SYSTEM; AND THE PERSON HAVING THEREAFTER BEEN 31 REQUESTED TO SUBMIT TO SUCH CHEMICAL TEST AND HAVING BEEN INFORMED THAT 32 ANY LICENSE HELD BY SUCH PERSON TO POSSESS A FIREARM, RIFLE OR SHOTGUN 33 SHALL BE SUBJECT TO SUSPENSION OR REVOCATION FOR REFUSAL TO SUBMIT TO 34 SUCH TEST WHETHER OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR 35 WHICH SUCH PERSON IS ARRESTED OR DETAINED, THEN IF SUCH PERSON REFUSES 36 TO SUBMIT TO SUCH CHEMICAL TEST OR ANY PORTION THEREOF, UNLESS A COURT 37 ORDER HAS BEEN GRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, 38 THE TEST SHALL NOT BE GIVEN AND A WRITTEN REPORT OF SUCH REFUSAL SHALL 39 BE IMMEDIATELY MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL WAS 40 MADE. SUCH REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO, OR BY 41 AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN 42 ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF 43 THIS CHAPTER AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE 44 DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT. 45 (2) THE REPORT OF THE POLICE OFFICER SHALL SET FORTH REASONABLE 46 GROUNDS TO BELIEVE SUCH ARRESTED PERSON HAD POSSESSED A FIREARM, RIFLE 47 OR SHOTGUN IN VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS 48 ARTICLE, THAT SAID PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL TEST, 49 AND THAT NO CHEMICAL TEST WAS ADMINISTERED PURSUANT TO THE REQUIREMENTS 50 OF SUBDIVISION THREE OF THIS SECTION. THE REPORT SHALL BE PRESENTED TO 51 THE COURT UPON ARRAIGNMENT OF AN ARRESTED PERSON, AND SHALL BE TRANSMIT- 52 TED BY SUCH COURT TO THE APPROPRIATE LICENSING AUTHORITY WITHIN 53 FORTY-EIGHT HOURS OF THE ARRAIGNMENT. SUCH TRANSMITTAL SHALL NOT BE 54 WAIVED EVEN WITH THE CONSENT OF ALL PARTIES. 55 (3) THE LICENSE MAY BE TEMPORARILY SUSPENDED BY SUCH LICENSING AUTHOR- 56 ITY PENDING THE DETERMINATION OF A HEARING, IN ACCORDANCE WITH THE RULES S. 3587 9 1 AND PROCEDURES OF SUCH AUTHORITY, FOR REFUSAL TO SUBMIT TO A TEST IN 2 EITHER THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION OR 3 THE CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH. ANY 4 SUCH REFUSAL MAY, AFTER SUCH HEARING OR IF UNCONTESTED, CONSTITUTE 5 GROUNDS FOR CONTINUED SUSPENSION OR REVOCATION OF SUCH LICENSE IN 6 ACCORDANCE WITH SUCH RULES AND PROCEDURES. 7 (4) NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT THE DISCRETION 8 OF ANY LICENSING AUTHORITY OR THE DISCRETION OF ANY JUDGE OR JUSTICE OF 9 A COURT OF RECORD UNDER SUBDIVISION ELEVEN OF SECTION 400.00 OF THIS 10 CHAPTER TO SUSPEND OR REVOKE A LICENSE BECAUSE OF AN ALLEGED VIOLATION 11 OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR FOR ANY OTHER 12 REASON OTHER THAN REFUSAL TO SUBMIT TO A TEST AS REQUIRED BY THIS SUBDI- 13 VISION OR SUBDIVISION ONE OF THIS SECTION. 14 (C) REGULATIONS. A LICENSING AUTHORITY OR LAW ENFORCEMENT AGENCY MAY 15 PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE 16 THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION. 17 (D) EVIDENCE. EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR 18 ANY PORTION THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL, PROCEEDING OR 19 HEARING BASED UPON AN ALLEGED VIOLATION OF THE PROVISIONS OF SUBDIVISION 20 NINE OF SECTION 265.01 OF THIS ARTICLE BUT ONLY UPON A SHOWING THAT THE 21 PERSON WAS GIVEN SUFFICIENT WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, 22 OF THE EFFECT OF SUCH REFUSAL AND THAT THE PERSON PERSISTED IN THE 23 REFUSAL. SUCH SHOWING SHALL BE SATISFIED BY SUBMISSION OF A VERIFIED 24 REPORT OF REFUSAL AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF 25 SUBDIVISION TWO OF THIS SECTION CONTAINING A STATEMENT THAT SUCH PERSON 26 WAS INFORMED THAT HIS OR HER LICENSE SHALL BE SUBJECT TO SUSPENSION OR 27 REVOCATION WHETHER OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE FOR 28 WHICH SUCH PERSON IS ARRESTED OR DETAINED IF SUCH PERSON REFUSES TO 29 SUBMIT TO SUCH TEST. 30 (E) RESULTS. UPON THE REQUEST OF THE PERSON WHO WAS TESTED, THE 31 RESULTS OF SUCH TEST SHALL BE MADE AVAILABLE TO SUCH PERSON. 32 3. COMPULSORY CHEMICAL TESTS. (A) COURT ORDERED CHEMICAL TESTS. 33 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, NO 34 PERSON SUBJECT TO THE PROVISIONS OF SUBDIVISION NINE OF SECTION 265.01 35 OF THIS ARTICLE WHO POSSESSES A FIREARM, RIFLE OR SHOTGUN (OTHER THAN IN 36 THE PERSON'S HOME, AT AN INDOOR OR OUTDOOR SHOOTING RANGE, OR AN AREA 37 WHERE HUNTING IS PERMITTED WITH THE WEAPON) MAY REFUSE TO SUBMIT TO A 38 CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE OR 39 SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT 40 OF THE BLOOD WHEN A COURT ORDER FOR SUCH CHEMICAL TEST HAS BEEN ISSUED 41 IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. 42 (B) WHEN AUTHORIZED. UPON REFUSAL BY ANY PERSON TO SUBMIT TO A CHEMI- 43 CAL TEST OR ANY PORTION THEREOF AS DESCRIBED IN PARAGRAPH (A) OF THIS 44 SUBDIVISION, THE TEST SHALL NOT BE GIVEN UNLESS A POLICE OFFICER OR A 45 DISTRICT ATTORNEY, AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION 1.20 46 OF THE CRIMINAL PROCEDURE LAW, REQUESTS AND OBTAINS A COURT ORDER TO 47 COMPEL A PERSON TO SUBMIT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC 48 OR DRUG CONTENT OF THE PERSON'S BLOOD UPON A FINDING OF REASONABLE CAUSE 49 TO BELIEVE THAT: 50 (1) SUCH PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN WITH WHICH 51 ANOTHER PERSON WAS KILLED OR SUFFERED PHYSICAL INJURY; AND 52 (2) (A) EITHER SUCH PERSON POSSESSED THE FIREARM, RIFLE OR SHOTGUN IN 53 VIOLATION OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE, OR 54 (B) A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE WITH 55 SUBDIVISION ONE OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED 56 BY SUCH PERSON; AND S. 3587 10 1 (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND 2 (4) SUCH PERSON HAS REFUSED TO SUBMIT TO A CHEMICAL TEST OR ANY 3 PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE PROVISIONS OF PARA- 4 GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION OR IS UNABLE TO GIVE 5 CONSENT TO SUCH A TEST. 6 (C) REASONABLE CAUSE; DEFINITION. FOR THE PURPOSE OF THIS SUBDIVISION 7 "REASONABLE CAUSE" SHALL BE DETERMINED BY VIEWING THE TOTALITY OF 8 CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, WHEN TAKEN TOGETHER, INDI- 9 CATE THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOTGUN IN VIOLATION 10 OF SUBDIVISION NINE OF SECTION 265.01 OF THIS ARTICLE. SUCH CIRCUM- 11 STANCES MAY INCLUDE, BUT ARE NOT LIMITED TO: EVIDENCE THAT SUCH PERSON 12 WAS BRANDISHING OR USING THE FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF 13 ANY PROVISION OF THIS CHAPTER OR COMMITTING ANY OTHER CRIME AT THE TIME 14 OF THE INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION 15 OR IMPAIRMENT BY SUCH PERSON; THE EXISTENCE OF AN OPEN CONTAINER 16 CONTAINING AN ALCOHOLIC BEVERAGE IN OR AROUND THE VICINITY OF SUCH 17 PERSON; OR ANY OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCI- 18 DENT WHICH INDICATES THAT THE PERSON POSSESSED A FIREARM, RIFLE OR SHOT- 19 GUN WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXI- 20 CATED AT THE TIME OF THE INCIDENT. 21 (D) COURT ORDER; PROCEDURE. (1) AN APPLICATION FOR A COURT ORDER TO 22 COMPEL SUBMISSION TO A CHEMICAL TEST OR ANY PORTION THEREOF, MAY BE MADE 23 TO ANY SUPREME COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE 24 IN THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCI- 25 DENT OCCURRED IN THE CITY OF NEW YORK BEFORE ANY SUPREME COURT JUSTICE 26 OR JUDGE OF THE CRIMINAL COURT OF THE CITY OF NEW YORK. SUCH APPLICA- 27 TION MAY BE COMMUNICATED BY TELEPHONE, RADIO OR OTHER MEANS OF ELECTRON- 28 IC COMMUNICATION, OR IN PERSON. 29 (2) THE APPLICANT MUST PROVIDE IDENTIFICATION BY NAME AND TITLE AND 30 MUST STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT AN 31 APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS 32 BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER 33 PERSON PROVIDING INFORMATION IN SUPPORT OF THE APPLICATION AS PROVIDED 34 IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT 35 MUST STATE THAT THE PERSON FROM WHOM THE CHEMICAL TEST WAS REQUESTED 36 POSSESSED A FIREARM, RIFLE OR SHOTGUN WITH WHICH ANOTHER PERSON WAS 37 KILLED OR PHYSICALLY INJURED AND, BASED UPON THE TOTALITY OF CIRCUM- 38 STANCES, THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON POSSESSED 39 A FIREARM, RIFLE OR SHOTGUN IN VIOLATION OF SUBDIVISION NINE OF SECTION 40 265.01 OF THIS ARTICLE OR A BREATH TEST INDICATED THAT ALCOHOL HAD BEEN 41 CONSUMED BY SUCH PERSON AND, AFTER BEING PLACED UNDER LAWFUL ARREST SUCH 42 PERSON REFUSED TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION THEREOF, IN 43 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR IS UNABLE TO GIVE 44 CONSENT TO SUCH A TEST OR ANY PORTION THEREOF. THE APPLICANT MUST MAKE 45 SPECIFIC ALLEGATIONS OF FACT TO SUPPORT SUCH STATEMENT. ANY OTHER PERSON 46 PROPERLY IDENTIFIED, MAY PRESENT SWORN ALLEGATIONS OF FACT IN SUPPORT OF 47 THE APPLICANT'S STATEMENT. 48 (3) UPON BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT ORDER TO 49 COMPEL A PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A JUDGE OR 50 JUSTICE SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER PERSON 51 PROVIDING INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR OATHS 52 AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS 53 OF A VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR VERBATIM LONG- 54 HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD 55 MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA- 56 CY OF THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD AND TRANSCRIPTION S. 3587 11 1 WITH THE COURT WITHIN SEVENTY-TWO HOURS OF THE ISSUANCE OF THE COURT 2 ORDER. IF LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY AND 3 FILE IT WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE ISSUANCE OF THE 4 ORDER. 5 (4) IF THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR THE ISSUANCE 6 OF A COURT ORDER PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS 7 SUBDIVISION HAVE BEEN MET, IT MAY GRANT THE APPLICATION AND ISSUE AN