New York S 5785: Includes within the class A misdemeanor of criminal possession of a weapon in the fourth degree, the possession of a weapon, outside the home, while intoxicated; repealer

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S05785 Summary:

BILL NOS05785 

&nbsp

SAME ASSAME AS A00105

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§80.05, 265.00, 265.01, 265.20 & 400.00, add §§265.70 & 265.75, rpld §265.01 sub 3, Pen L

&nbsp

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.

Go to top S05785 Actions:

BILL NOS05785 

&nbsp

03/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05785 Committee&nbspVotes:

Go to topS05785 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05785 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5785

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- 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 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:
 21 (4) [He] Such person possesses a rifle, shotgun, antique firearm,
 22 black powder rifle, black powder shotgun, or any muzzle-loading firearm,
 23 and has been convicted of a felony or serious offense; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00482-01-5

 S. 5785 2

 1 (5) [He] Such person possesses any dangerous or deadly weapon and is
 2 not a citizen of the United States; or
 3 (6) [He is a] Such 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 compet