S T A T E O F N E W Y O R K
________________________________________________________________________
4377
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. KOON, ENGLEBRIGHT, CARROZZA -- Multi-Sponsored by
-- M. of A. CLARK, EDDINGTON, GALEF -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to the compen-
sation for injury resulting from the sale of a weapon without a gun
locking device and to amend the penal law, in relation to the defi-
nition of gun locking device
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general obligations law is amended by adding a new
section 11-108 to read as follows:
S 11-108. COMPENSATION FOR INJURY RESULTING FROM THE SALE OF A WEAPON
WITHOUT A GUN LOCKING DEVICE. 1. NO PERSON, FIRM, CORPORATION, OR OTHER
ENTITY ENGAGED IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS, OR
FIREARMS, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
SHALL SELL OR TRANSFER ANY SUCH WEAPON TO ANOTHER PERSON UNLESS THE
TRANSFEREE IS PROVIDED AT THE TIME OF SALE OR DELIVERY WITH A GUN LOCK-
ING DEVICE THAT IS CAPABLE OF PREVENTING THE WEAPON FROM DISCHARGING.
2. AS USED IN THIS SECTION, THE TERM "GUN LOCKING DEVICE" MEANS AN
INTEGRATED DESIGN FEATURE OR AN ATTACHABLE ACCESSORY THAT IS RESISTANT
TO TAMPERING AND IS EFFECTIVE IN PREVENTING THE DISCHARGE OF A RIFLE,
SHOTGUN, OR FIREARM BY A PERSON WHO DOES NOT HAVE ACCESS TO THE KEY,
COMBINATION, OR OTHER MECHANISM USED TO DISENGAGE THE DEVICE.
3. ANY PERSON WHO SHALL BE INJURED IN PERSON, PROPERTY, MEANS OF
SUPPORT, OR OTHERWISE, WHETHER RESULTING IN HIS OR HER DEATH OR NOT, BY
ANY PERSON USING A FIREARM, RIFLE, OR SHOTGUN, SHALL HAVE A RIGHT OF
ACTION AND MAY RECEIVE COMPENSATORY DAMAGES AGAINST ANY PERSON, FIRM,
CORPORATION, OR OTHER ENTITY ENGAGED IN THE RETAIL BUSINESS OF SELLING
FIREARMS, RIFLES, OR SHOTGUNS, AS THOSE TERMS ARE DEFINED IN SECTION
265.00 OF THE PENAL LAW, IF SUCH PERSON, FIRM, CORPORATION, OR OTHER
ENTITY SOLD OR TRANSFERRED THE FIREARM, RIFLE, OR SHOTGUN TO ANY PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02414-01-9
A. 4377 2
IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND SUCH SALE OR TRANS-
FER OCCURRED PRIOR TO OR ON THE DATE OF SUCH INJURY. SUCH CAUSE OF
ACTION SHALL EXIST REGARDLESS OF THE NEGLIGENCE OR LACK THEREOF OF THE
PERSON, FIRM, CORPORATION, OR OTHER ENTITY SELLING OR TRANSFERRING THE
FIREARM, RIFLE, OR SHOTGUN. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF
COMPETENT JURISDICTION.
4. IN CASE OF DEATH OF EITHER PARTY, THE ACTION OR RIGHT OF ACTION
GIVEN UNDER SUBDIVISION THREE OF THIS SECTION SHALL SURVIVE TO OR
AGAINST HIS OR HER EXECUTOR OR ADMINISTRATOR.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPOSE CIVIL OR CRIM-
INAL LIABILITY UPON ANY PERSON WHO IS NOT ENGAGED IN THE RETAIL BUSINESS
OF SELLING FIREARMS, RIFLES, OR SHOTGUNS AND WHO SELLS OR TRANSFERS SUCH
A WEAPON WITHOUT A GUN LOCKING DEVICE.
6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS LIMITING
ANY EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE, OR IN
EQUITY.
S 2. Section 265.00 of the penal law is amended by adding a new subdi-
vision 24 to read as follows:
24. "GUN LOCKING DEVICE" MEANS AN INTEGRATED DESIGN FEATURE OR AN
ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE IN
PREVENTING THE DISCHARGE OF A RIFLE, SHOTGUN, OR FIREARM BY A PERSON WHO
DOES NOT HAVE ACCESS TO THE KEY, COMBINATION, OR OTHER MECHANISM USED TO
DISENGAGE THE DEVICE. THE DIVISION OF STATE POLICE SHALL DEVELOP AND
PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR
THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
TIVE GUN LOCKING DEVICE.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.