Senator Anna M. Kaplan Passes Gun Safety Legislation Correcting Standard for Intoxication While Hunting

Senator Anna M. Kaplan

March 27, 2019

(Albany, NY) –– The New York State Senate today passed legislation (S2417) by Senator Anna M. Kaplan (D-Great Neck) that decreases the amount of alcohol in a person's system necessary to be considered intoxicated while hunting.

"Our laws have long recognized that a person with a blood alcohol content of .08 or greater is too intoxicated to get behind the wheel of a car or a boat. And yet, our current law says that a similarly intoxicated person is not too drunk to pick up a gun and go hunting." said Senator Anna M. Kaplan. "This common-sense bill simply corrects the law so that the standard for intoxication is the same whether you're driving, boating, or hunting."

Since 2002, New York law has provided that a driver with a BAC level of .08% or more is intoxicated. In 2003 the "boating while intoxicated" provisions of the Navigation Law were amended to conform to this standard. These changes were based in part on studies which determined that this level of alcohol in an individual's bloodstream can result in substantially impaired motor skills, perception and judgment. These are also critical skills used in hunting.

S2417 would lower the BAC level at which an individual is deemed to be hunting while intoxicated from .10% to .08% to conform it to current state laws on driving and boating while intoxicated.

Senator Kaplan concluded, "I'm committed to pursuing common-sense solutions that address gun safety concerns, and this bill takes another important step to help keep New Yorkers safe."

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