S T A T E   O F   N E W   Y O R K
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                                  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.