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.
Not law yet. Pending legislation.
Official status checked 2026-10-21 23:46 PT
Bill summary
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.
Now vs if chaptered
Now: CPW 4th has no impaired-outside-the-home subdivision and no $10k fine/chemical-test scheme. If chaptered: new class A misdemeanor + permit loss on conviction or refusal. Confirm chaptering before advising.
Defender utility
New York defenders: there is no standalone CPW-4th impaired-outside-the-home count today. If this or the Assembly twin chapters, suppression/refusal litigation (chemical test on 'reasonable cause') and home-vs-outside-the-home location become the case. Do not analogize to DUI until the subdivision is live. Not a California charge.
Who this is for. NY PDs on street-possess / CPW 4th calendars — pending impaired-outside-the-home count, not present law; not a California charge.
Penalties (if chaptered)
If chaptered: class A misdemeanor with a fine up to $10,000 on the new 265.01 subdivision; permit revocation on conviction or chemical-test refusal.