NY
New York Senate Bill S05785
New York 2025-2026 Regular Session
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New York 2025-2026 Regular Session

New York Senate Bill S05785

Introduced
3/3/25  
Refer
3/3/25  

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 S05785 amends the 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. It increases the maximum fine for this offense to $10,000 and introduces provisions for chemical testing of individuals suspected of violating this law. The bill also stipulates that a firearms permit may be revoked upon conviction of this offense or refusal to submit to a chemical test. This legislation aims to enhance public safety by addressing the risks associated with firearm possession under the influence of substances.

Impact

The bill significantly impacts New York's penal law by creating stricter penalties for firearm possession while impaired. It adds a new subdivision to the existing law that allows for chemical testing of individuals suspected of being under the influence while possessing firearms. Additionally, the increased fine and the potential revocation of firearms permits upon conviction or refusal to test represent a substantial change in how firearm-related offenses are handled, potentially leading to fewer incidents of gun violence related to substance impairment.

Sentiment

The sentiment surrounding Bill S05785 appears to be cautious but generally supportive among lawmakers who prioritize public safety. Discussions indicate a recognition of the need to address the dangers of firearm possession while impaired, although there may be concerns about the implications for responsible gun owners and the enforcement of chemical testing provisions.

Contention

Notable points of contention include concerns from some lawmakers and advocacy groups regarding the potential for misuse of chemical testing provisions and the implications for individuals who may be wrongfully accused of being impaired. There are also discussions about the balance between public safety and the rights of responsible gun owners, with some fearing that the bill may disproportionately affect lawful firearm possessors.

Latest NY S05785 Activity

View All Events: NY 2025-2026 Regular Session S05785

Companion Bills

NY A00105

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 A00105

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 A01075

Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of a loaded firearm, from those authorized to be removed to family court.

NY S02361

Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of a loaded firearm, from those authorized to be removed to family court.

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