Mayor Michael R. Bloomberg and State Senator Jeffrey D. Klein today announced the introduction of legislation that would make it illegal to carry a gun while intoxicated in New York State. The introduction of the measure, promised during the Mayor’s 2009 reelection campaign, uses the same legal standard as driving while intoxicated to prohibit carrying a gun while drunk. At the announcement, held at the Morris Park Community Association, the Mayor and Senator Klein were joined by Assembly Member Jose Peralta, the Assembly sponsor of the legislation; John Feinblatt, the Mayor’s criminal justice coordinator; Council Public Safety Chair Peter Vallone Jr.; and Al D’Angelo, the President of the Morris Park Community Association.
“If you are too intoxicated to drive a car, you should not be carrying a gun,” said Mayor Bloomberg. “The law would apply the same standards and tests that are now used to prevent and punish driving while intoxicated. And that’s only right. I’m hopeful that our legislators and Governor Paterson will make New York the 21st state to enact such a life-saving, common-sense law.”
“Guns and alcohol are a deadly mix,” said Senator Klein. “The time is now for us to get serious about penalties for those who chose to carry a gun while intoxicated.”
“We believe in the right of law abiding New Yorkers to own guns. However, with rights come responsibilities,” said John Feinblatt, the Mayor’s Criminal Justice Coordinator. “Drinking while carrying a gun puts the entire community at risk, and it can have deadly consequences. This legislation sends a clear message: if you’re going to drink, leave your gun at home.”
Under the bill, carrying a gun while under the influence of alcohol would be a class-A misdemeanor punishable by one year in jail and a $10,000 fine. Under State law, a person is intoxicated if their blood alcohol content is over .08 percent. Also, under the law, common-sense factors would also be considered evidence of impairment, such as staggering, slurred speech, and smell of alcohol.
The bill will not apply to people who have guns within their own home.
Convictions under this law would be grounds for revocation of a handgun license or a rifle/shotgun permit.
Does Deputy Klein have the statistics….
I know this sounds like a common sense law, but I wonder, how many licensed gun owners discharged their firearms while drunk last year in New York State? Is the number 5 or 500?
I am sure the Deputy’s office would have this info before deciding to make this law.
If it’s 5 then do we really need a law? Presumably if someone used their gun while drunk, wouldn’t that already be breaking a law?
Maybe Deputy Klein could answer these scenarios and then tell us if he thinks it would be fair in each case to penalize the licensed gun owner.
A police officer goes to a bar after work, has 2 drinks, then takes a cab home? Is he now subject to this law, will he lose his job?
A shooter goes to the range then has 2 beers at a friends house and drives home with a designated driver while he/she is in the passenger seat? Are they now subject to this law? Will they lose their expensive guns, license, and be subject to a year in jail?
A hunter begins the long drive home from upstate, he/she is not driving. He has 2 beers before the long ride. The driver is speeding and gets pulled over. Is the passenger now subject to this law? Will they lose their expensive guns, license, and be subject to a year in jail?
A collector brings an antique gun to a show, there he has 2 beers. The weapon is in a framed case. Will they lose their expensive guns, license, and be subject to a year in jail?
What if the gun is worth $25,000, is that reasonable?
What if your in someone else’s house and drunk and they have guns? Are you subject to this law?
What if your gun is disabled and your drunk (in other words, it’s got a lock on it, or it is locked up.) Does it need to be loaded? What if it is not loaded and there is no ready supply of ammunition? What if there is? Does the law see a difference?
Driving a car while impaired/drunk is not the same as having a gun in your possesion. If you are driving you are actually using the dangerous weapon that kills far more people than guns, whether the drivers are drunk or not.
Just possessing a gun while drunk is the same as just owning a car while drunk, or standing near your car while drunk, or sitting on the trunk while drunk.
You don’t get a DWI unless your actually driving. You shouldn’t lose your guns just for possession.
The law should only add an extra penalty for use of a gun while drunk, otherwise it is unreasonable.
It is not against the law to be drunk, it is not against the law to own a gun (it is actually constitutionally protected), it is not against the law to own a car. If you want to make an honest law make it illegal to operate a firearm while drunk. At least you would be consistent.
What is the real purpose of this law?
Jeff Klein Corrupt political hack
This is typical for a self serving political hack like Klein. Rather then take on real issues like pension reform, spending cuts and privatization of government services he chooses to take on meaningless issues. Perhaps he can purpose legislation that only the Yankees can win the World Series, or its not permitted to rain on Sundays. What Klein truly needs is a primary challenge. It’s time to get rid of this bum!