S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3314
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, BURDICK, KELLES, WEPRIN, FORREST --
   read once and referred to the Committee on Insurance
 
 AN ACT to amend the penal  law,  in  relation  to  requiring  owners  of
   firearms, rifles and shotguns to obtain liability insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 400.04  to
 read as follows:
 § 400.04 LIABILITY  INSURANCE  FOR  OWNERS OF FIREARMS, RIFLES AND SHOT-
             GUNS.
   1. ANY PERSON IN THIS STATE WHO SHALL OWN ANY FIREARM, RIFLE OR  SHOT-
 GUN  AS  DEFINED  IN SECTION 265.00 OF THIS CHAPTER SHALL, PRIOR TO SUCH
 OWNERSHIP AND PRIOR TO THE ISSUANCE OF A   LICENSE UNDER  THIS  ARTICLE,
 OBTAIN AND CONTINUOUSLY MAINTAIN A POLICY OF LIABILITY INSURANCE IN SUCH
 AMOUNT  OR  AMOUNTS  AS  DETERMINED  BY  THE SUPERINTENDENT OF FINANCIAL
 SERVICES SPECIFICALLY COVERING ANY DAMAGES RESULTING FROM ANY  NEGLIGENT
 ACTS  INVOLVING  THE  USE  OF SUCH FIREARM, RIFLE OR SHOTGUN WHILE IT IS
 OWNED BY SUCH PERSON. FAILURE TO MAINTAIN  SUCH  INSURANCE  SHALL  BE  A
 VIOLATION PUNISHABLE BY A FINE OF AT LEAST ONE HUNDRED FIFTY DOLLARS AND
 NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS AND SHALL ALSO RESULT IN
 THE  IMMEDIATE  REVOCATION OF SUCH OWNER'S REGISTRATION, LICENSE AND ANY
 OTHER PRIVILEGE TO OWN OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
   2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED  TO  BE  THE
 OWNER  OF  A FIREARM, RIFLE OR SHOTGUN IF SUCH FIREARM, RIFLE OR SHOTGUN
 IS LOST OR STOLEN UNTIL SUCH LOSS OR THEFT IS  REPORTED  TO  THE  POLICE
 DEPARTMENT  OR  SHERIFF WHICH HAS JURISDICTION IN THE COUNTY, TOWN, CITY
 OR VILLAGE IN WHICH SUCH OWNER RESIDES.
   3. ANY PERSON WHO OWNS A FIREARM, RIFLE OR SHOTGUN  ON  THE  EFFECTIVE
 DATE OF THIS SECTION SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION
 WITHIN  NINETY DAYS OF THE ISSUANCE OF REGULATIONS BY THE SUPERINTENDENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01547-01-3
 A. 3314                             2
              

 
 OF FINANCIAL SERVICES SETTING FORTH THE REQUIREMENTS, TERMS AND COVERAGE
 FOR SUCH INSURANCE.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PEACE OFFI-
 CER, AS DEFINED IN SECTION 2.10 OF THE CRIMINAL  PROCEDURE  LAW,  POLICE
 OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW, OR ANY MEMBER OF THE MILITARY WHO IS ON  "ACTIVE
 DUTY" OR "IN ACTIVE MILITARY SERVICE OF THE UNITED STATES" AS DEFINED IN
 SECTION ONE OF THE MILITARY LAW, WHO IS AUTHORIZED TO CARRY A FIREARM.
   5.  THE  DEPARTMENT  OF  FINANCIAL  SERVICES  IS HEREBY AUTHORIZED AND
 DIRECTED TO PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT  THE
 PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.