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.
Not law yet. Pending legislation.
Asm. John Zaccaro Jr.
Bill summary
Official digest is not on this card.
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 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 and not a classic 2A challenge vehicle.
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.