New York 2025-2026 Regular Session

New York Assembly Bill A00105

Introduced
1/8/25  
Refer
1/8/25  

Caption

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.

Summary

Bill A00105 amends New York's penal law to classify the possession of a firearm, rifle, or shotgun outside of one's home while impaired by alcohol or drugs as a Class A misdemeanor. The bill increases the maximum fine for this offense to $10,000 and introduces provisions for chemical testing of individuals suspected of violating this law. Additionally, the bill establishes that a conviction or refusal to submit to a chemical test can lead to the revocation of a firearms permit.

Impact

The bill significantly alters the legal landscape regarding firearm possession in New York, particularly for individuals under the influence of alcohol or drugs. It repeals existing provisions related to criminal possession of a weapon in the fourth degree and introduces stricter penalties and testing requirements, potentially leading to increased enforcement actions against impaired firearm possession. This could impact gun owners and users, law enforcement practices, and the judicial process surrounding firearm-related offenses.

Sentiment

The sentiment surrounding Bill A00105 appears to be mixed, with proponents emphasizing the need for stricter regulations to enhance public safety, particularly in preventing firearm-related incidents involving intoxicated individuals. Opponents may express concerns about the implications for lawful gun owners and the potential for increased penalties without addressing underlying issues related to substance abuse and firearm safety.

Contention

Notable points of contention include the balance between public safety and the rights of gun owners, particularly regarding the increased penalties and the implications of mandatory chemical testing. Advocates for gun rights may argue that the bill unfairly penalizes responsible gun owners, while supporters of the bill may contend that it is necessary to prevent dangerous situations involving firearms and intoxication.

Companion Bills

NY S05785

Same As 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.

Previously Filed As

NY S05785

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.

NY S03420

Relates to criminal penalties for possession, theft, or sale of stolen firearms, shotguns and rifles.

NY S01257

Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.

NY A04140

Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.

NY SB7

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

NY SB1658

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

NY S01025

Exempts certain persons engaging in certain firearm safety shooting instruction or persons engaging in wildlife control or management from the provisions of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.

NY S07419

Permits courts to remand a principal to the custody of the sheriff for felony offenses involving the possession of firearms and weapons.

NY A00198

Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns; requires the division of state police to maintain statewide records of individuals who have waived the right to purchase firearms, rifles, or shotguns and any revocations of such waivers.

NY S01026

Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns; requires the division of state police to maintain statewide records of individuals who have waived the right to purchase firearms, rifles, or shotguns and any revocations of such waivers.

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