Assembly Bill A5884

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

                                  5884

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the general obligations law, in relation to  imposing  a
  civil penalty upon the manufacturers of certain weapons illegally used
  to injure or kill state employees

  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.  CIVIL  PENALTY  FOR  INJURY  OR  DEATH TO STATE EMPLOYEES;
MANUFACTURERS OF WEAPONS. 1. A PERSON, CORPORATION,  FIRM,  PARTNERSHIP,
OR  OTHER  ENTITY  THAT  MANUFACTURES  ANY WEAPON SHALL BE LIABLE TO THE
STATE FOR A CIVIL PENALTY AND PUNITIVE DAMAGES, TO  BE  RECOVERED  IN  A
CIVIL  ACTION  BROUGHT BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE
OF THE STATE IN ANY COURT OF COMPETENT JURISDICTION, IF SUCH  WEAPON  IS
USED  BY  A PERSON WHO IS NOT LAWFULLY AUTHORIZED TO POSSESS SUCH WEAPON
IN THE STATE TO INJURE OR KILL ANY EMPLOYEE OF THE STATE ACTING  IN  THE
COURSE  OF  HIS  OR  HER OFFICIAL DUTIES. "WEAPON", FOR PURPOSES OF THIS
SECTION, MEANS A FIREARM, RIFLE, SHOTGUN, MACHINE-GUN OR ASSAULT WEAPON,
AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
  2. THE LIABILITY ESTABLISHED UNDER THIS  SECTION  DOES  NOT  APPLY  TO
PERSONS,  CORPORATIONS,  FIRMS,  PARTNERSHIPS,  OR  OTHER  ENTITIES THAT
COMPLY WITH THE FOLLOWING PROVISIONS:
  (A) DOES NOT SELL WEAPONS TO DEALERS WHO HAVE MORE THAN TWENTY WEAPONS
SOLD WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD  IN  THE  PRECEDING  FIVE
YEARS  TRACED  TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY
THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR WHO HAVE NOT,  ON  THEIR
OWN,  SOLD WEAPONS, TWENTY OR MORE OF WHICH ARE TRACED TO USE IN A CRIME
OR ILLEGAL POSSESSION, AS DETERMINED BY THE BUREAU OF ALCOHOL,  TOBACCO,
FIREARMS AND EXPLOSIVES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09084-01-9

              

A. 5884                             2

  (B)  MAKES  NO  SALES  AT  GUN SHOWS OR ALTERNATIVE VENUES UNLESS SUCH
SALES AT THE GUN SHOW OR  ALTERNATIVE  VENUE  ARE  CONDUCTED  ONLY  UPON
COMPLETION  OF  A  BACKGROUND  CHECK, AND ALL SELLERS AT THE GUN SHOW OR
ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
GROUND  CHECK  AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT A RETAIL
GUN STORE;
  (C) ONLY SELL WEAPONS TO DEALERS WHO OPERATE A RETAIL SHOP LOCATED  AT
A FIXED ADDRESS WHERE:
  (1)  THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALI-
BER OR GAUGE, AND SERIAL NUMBER OF ALL  WEAPONS  HELD  IN  INVENTORY  OR
OFFERED FOR SALE;
  (2)  THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALI-
BER OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD  AND  THE  NAME  AND
LICENSE NUMBER OF ALL PURCHASERS; AND
  (3) THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;
  (D)  PROVIDES FULL ACCESS TO THE RECORDS SPECIFIED IN PARAGRAPH (C) OF
THIS SUBDIVISION TO LAW ENFORCEMENT PERSONNEL AND GOVERNMENT  REGULATORS
CONDUCTING COMPLIANCE INSPECTIONS;
  (E)  LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY PERIOD
TO ONE WEAPON; AND
  (F) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT.
  3. AS SOON AS PRACTICABLE FOLLOWING THE SEIZURE OF ANY WEAPON  MEETING
THE  CRITERIA  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION, THE POLICE
DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY SHALL TRANSMIT  ALL  RELEVANT
INFORMATION,  INCLUDING BUT NOT LIMITED TO THE NAME OF THE MANUFACTURER,
THE MODEL, AND THE IDENTIFICATION NUMBER OF EACH  SUCH  WEAPON,  TO  THE
ATTORNEY GENERAL.
  4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THERE SHALL BE NO BASIS FOR LIABILITY UNDER THIS SECTION IF THE MANUFAC-
TURER PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT:
  (A) THE MANUFACTURER DISPOSED OF THE WEAPON TO THE ARMED FORCES OF THE
UNITED STATES, OR A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCY; OR
  (B) PRIOR TO THE SEIZURE OF THE WEAPON,  A  LAWFUL  POSSESSOR  OF  THE
WEAPON HAS REPORTED ITS THEFT TO A FEDERAL, STATE, OR LOCAL LAW ENFORCE-
MENT AGENCY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.