NY State Senate Bill 2011-S2078

Senate Bill S2078

2011-2012 Legislative Session

Enacts "personalized gun safety provisions" to establish safety standards and ensure that firearms can only be fired by authorized users

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2011	referred to codes

2011-S2078 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add Art 401 §§401.00 - 401.35, Pen L
Versions Introduced in 2009-2010 Legislative Session:: S4338

2011-S2078 (ACTIVE) - Summary

Enacts personalized gun safety provisions creating a temporary state commission to adopt standards for firearms sold or manufactured in this state (and test prototypes) including, but not limited to, personalizing all firearms manufactured, assembled, altered, offered for sale, sold, traded, transferred, shipped, leased, distributed, acquired or possessed within the state so that only authorized users can operate them; requires manufacturers and others to comply with the standard four years from the date on which the commission's original standard is adopted; exempts antique firearms and those manufactured prior to the compliance date, except that dealers are prohibited from selling or otherwise transferring those guns; imposes penalties against those who manufacture, transport or ship firearms that do not meet the safety standard and against those who deface or alter the personalized characteristic

2011-S2078 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2078

TITLE OF BILL:
An act
to amend the penal law, in relation to personalized gun safety

PURPOSE OF THE BILL:
To reduce the incidence of
deaths and injuries
attributable to guns through design changes by creating a
personalized gun standard. Personalized firearms can also reduce the
flow of stolen guns which are frequently used to commit crimes.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the penal law by adding a new article 401
"Personalized Gun Safety Act." A temporary firearm safety
standard commission,
consisting of nine members including the superintendent of state
police, the commissioner of the division of criminal justice services
and the commissioner of health, is created for the purpose of
establishing a personalized safety performance standard for firearms.
Such standard will require that all firearms manufactured, assembled,
altered, offered for sale, sold, traded, transferred, shipped,
leased, distributed, acquired or possessed within the state shall be
"personalized" so that only authorized users can operate them.
The commission shall formulate the necessary testing procedure to

determine if a firearm complies with the standard and shall designate
one or more independent laboratories for determining whether firearms
comply with the standard. The manufacturer of a firearm must submit a
prototype of the firearm model for testing to one of the independent
laboratories designated by the commission. If the firearm model fails
to meet the safety standard, the firearm cannot be manufactured or
offered for sale until the firearm has been modified to meet the
standard and has passed the test on resubmission. If the firearm
meets the standard, the Superintendent of state police shall issue a
certificate stating that the firearm model meets the standard. The
certified label shall be imprinted on the approved firearm.

Manufacturers and others are required to comply with the standard four
years from the date on which the commission's original standard is
adopted. This time period acknowledges the gun manufacturers' need
for time to research the technology and to retool. Antique firearms
are exempt from the requirements because they are typically purchased
and kept as collector's items and not for use. Firearms manufactured
prior to the compliance date are also exempt. However, dealers are
prohibited from selling or otherwise transferring those guns.

This prohibition is intended to prevent dealers and others from
stockpiling guns that do not comply with the safety standard. Law
enforcement and military personnel are also exempt from the
requirements of the law.
In addition to the standard penalties against those who manufacture,
transport or ship firearms that do not meet the safety standard and
against those who deface or alter the personalized characteristics of
a firearm, the bill enables individuals who are injured or the
representative of those killed by the discharge of firearms not


meeting the standard to bring an action against the person who fires
the weapon and the owner. The bill does recognize the defense that
the firearm was being used by a law enforcement officer in the line
of duty or for self protection.

JUSTIFICATION:
There are approximately 40,000 gun
deaths in the United
States annually. Some 1,400 youngsters commit suicide with guns
annually. In 1994, according to the NYS Department of Health, there
were over 700 cases of hospitalization and over 300 deaths involving
children due to firearms. In 1994, there were nearly 4,000
hospitalizations due to firearm injuries and more than 2,000 deaths
as a result of firearm injuries. Deaths and injuries from firearms
are a major public health problem. Various strategies to reduce the
number of these tragedies have been proposed. These approaches
primarily focus on the behavior of the individual, as opposed to the
design of the firearm itself. Injury prevention professionals tend to
advocate for the modification of the design of products rather than
behavior modification as an effective way to prevent injury and
death. Thus, many products including drug packages, cigarette
lighters and motor vehicles have been modified to make them safer.

Changing the design of firearms so that they are personalized can also
reduce the likelihood of certain gun-related deaths and injuries.
Personalized or "smart" guns, which can only be fired by the
authorized user, would be inoperable by the young child, the
depressed contemplating suicide, and the criminal who steals a firearm.

While many young children are victims of unintentional shootings,
teenagers are at even greater risk of dying from an unintentional
gunshot wound. However, should a youngster find a personalized
firearm, it would be inoperable regardless of the child's behavior
thereby preventing many deaths and injuries.

Studies have shown that 40 percent to 70 percent of the guns used by
felons are stolen, most from private homes. Since thefts, which total
some half-million guns a year, are a significant source of guns used
in crime, requiring all guns to be personalized could limit the
availability of firearms to adults and juveniles in the illegal or
secondary gun market.

A variety of technologically feasible designs can be incorporated into
a firearm to personalize it. Magnetic devices, radio frequency
transponders, and/or combination locks are just some of the designs
which will prevent an unauthorized user from firing the weapon.

EFFECTIVE DATE:
First day of November.

2011-S2078 (ACTIVE) - Bill Text download pdf

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

                                  2078

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to personalized gun safety

  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 article 401 to
read as follows:
                               ARTICLE 401
                         PERSONALIZED GUN SAFETY
SECTION 401.00 DEFINITIONS.
        401.05 TEMPORARY FIREARM SAFETY STANDARD COMMISSION.
        401.10 SAFETY STANDARD TESTING.
        401.15 ENFORCEMENT.
        401.20 EXEMPTIONS.
        401.25 PENALTIES.
        401.30 LIABILITY.
        401.35 SEVERABILITY.
S 401.00 DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION,
FIRM, PARTNERSHIP, SOCIETY, JOINT STOCK COMPANY OR ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY.
  2. "AUTHORIZED USER" MEANS THE PERSON WHO OWNS THE FIREARM, AS DEFINED
IN  SECTION  265.00  OF  THIS CHAPTER, OR A PERSON TO WHOM THE OWNER HAS
GIVEN CONSENT TO USE THE FIREARM.
  3. "COMMISSION" MEANS THE TEMPORARY FIREARM SAFETY STANDARD COMMISSION
ESTABLISHED IN SECTION 401.05 OF THIS ARTICLE.
S 401.05 TEMPORARY FIREARM SAFETY STANDARD COMMISSION.
  1. THERE IS HEREBY CREATED A TEMPORARY FIREARM SAFETY STANDARD COMMIS-
SION. SUCH COMMISSION SHALL BE ESTABLISHED WITHIN SIX MONTHS  AFTER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06660-01-1

S. 2078                             2

EFFECTIVE  DATE OF THIS ARTICLE, AND IT SHALL ADOPT A PERFORMANCE SAFETY
STANDARD FOR FIREARMS, AS DEFINED IN SECTION 265.00 OF THIS CHAPTER. THE
COMMISSION SHALL EXPIRE ONE YEAR AFTER THE ISSUANCE OF SUCH STANDARD.
  2.  SUCH  TEMPORARY  STATE COMMISSION SHALL CONSIST OF NINE MEMBERS AS
FOLLOWS: ONE SUCH MEMBER SHALL BE THE SUPERINTENDENT OF STATE POLICE  OR
HIS  OR  HER  DESIGNEE; ONE SUCH MEMBER SHALL BE THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES OR HIS OR HER DESIGNEE;  ONE  SUCH
MEMBER  SHALL  BE THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE; ONE
SUCH MEMBER SHALL BE APPOINTED BY THE  GOVERNOR;  ONE  MEMBER  SHALL  BE
APPOINTED BY THE ATTORNEY GENERAL; TWO MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE; AND TWO MEMBERS SHALL BE APPOINTED BY
THE SPEAKER OF THE ASSEMBLY.
  3.  THE  GOVERNOR  SHALL  SELECT  A CHAIRPERSON OF THE COMMISSION FROM
AMONG THE MEMBERS, AND SUCH CHAIRPERSON SHALL SERVE AS SUCH AT THE PLEA-
SURE OF THE GOVERNOR.
  4. MEMBERS OF THE  COMMISSION  SHALL  NOT  BE  COMPENSATED  FOR  THEIR
SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES. NO MEMBER OF THE COMMISSION
SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT,  NOR
SHALL  HE  OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY VIRTUE OF HIS
OR HER APPOINTMENT HEREUNDER. THE DIVISION OF STATE POLICE SHALL FURNISH
REASONABLE OFFICE SPACE AND DAY-TO-DAY STAFF SUPPORT TO THE COMMISSION.
  5. THE COMMISSION SHALL, ON OR BEFORE ONE  YEAR  AFTER  ITS  CREATION,
ADOPT A PRELIMINARY FIREARM SAFETY PERFORMANCE STANDARD FOR ALL FIREARMS
MANUFACTURED, ASSEMBLED, ALTERED, OFFERED FOR SALE, SOLD, TRADED, TRANS-
FERRED, SHIPPED, LEASED, DISTRIBUTED, ACQUIRED, OR POSSESSED WITHIN THIS
STATE.    THE  STANDARD  SHALL  REQUIRE,  BUT NEED NOT BE LIMITED TO THE
FOLLOWING:
  (A) A FIREARM MUST BE PERSONALIZED SO THAT IT CAN BE FIRED  ONLY  WHEN
OPERATED BY THAT FIREARM'S AUTHORIZED USER;
  (B)  THE  TECHNOLOGY  CREATING PERSONALIZED FIREARMS SHALL BE INCORPO-
RATED INTO THE DESIGN OF THE FIREARM AND BE PART OF ITS ORIGINAL  EQUIP-
MENT AND NOT AN ACCESSORY;
  (C)  PERSONALIZED  FIREARMS  SHALL  NOT BE MANUFACTURED, ASSEMBLED, OR
ALTERED SO AS TO PERMIT THE PERSONALIZED CHARACTERISTICS TO  BE  READILY
DEACTIVATED.
  6.  THE  COMMISSION SHALL FORMULATE THE NECESSARY TESTING PROCEDURE TO
DETERMINE IF A FIREARM COMPLIES WITH THE COMMISSION'S STANDARD.
  7. THE COMMISSION SHALL DESIGNATE ONE OR MORE INDEPENDENT LABORATORIES
FOR DETERMINING WHETHER OR NOT FIREARMS  COMPLY  WITH  THE  COMMISSION'S
STANDARD.   THE LABORATORIES SHALL USE THE TEST METHOD FORMULATED BY THE
COMMISSION TO DETERMINE COMPLIANCE.
  8. THE COMMISSION IS AUTHORIZED:
  (A) TO CALL UPON ANY AGENCY, DEPARTMENT, OFFICE, DIVISION,  OR  PUBLIC
AUTHORITY  OF  THIS STATE TO SUPPLY IT WITH SUCH INFORMATION AS IT DEEMS
NECESSARY TO DISCHARGE ITS RESPONSIBILITIES.   EACH AGENCY,  DEPARTMENT,
OFFICE,  DIVISION,  AND  PUBLIC  AUTHORITY OF THIS STATE SHALL COOPERATE
WITH THE COMMISSION AND FURNISH SUCH INFORMATION AND  ASSISTANCE  AS  IS
REASONABLY NECESSARY FOR THE COMMISSION TO ACCOMPLISH ITS PURPOSES;
  (B)  TO  CONDUCT PUBLIC HEARINGS, HEAR THE TESTIMONY OF WITNESSES, AND
REQUEST ANY DOCUMENTS THE COMMISSION DEEMS NECESSARY TO  CARRY  OUT  THE
COMMISSION'S RESPONSIBILITIES;
  (C)  TO CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF
SUCH SERVICES AS THE COMMISSION DETERMINES TO BE NECESSARY; AND
  (D) TO TAKE SUCH OTHER ACTIONS NOT INCONSISTENT WITH THE  PURPOSES  OF
THIS SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.

S. 2078                             3

  9.  THE  COMMISSION,  AFTER  ADOPTION OF THE STANDARD AND PRIOR TO ITS
EXPIRATION, SHALL CONSULT THE STATE POLICE IN REVIEWING  AND  EVALUATING
THE IMPLEMENTATION OF THE SAFETY STANDARD.
  10.  THE  COMMISSION  SHALL  ISSUE  AN INTERIM REPORT TO THE GOVERNOR,
ATTORNEY GENERAL, TEMPORARY PRESIDENT OF THE SENATE, AND SPEAKER OF  THE
ASSEMBLY  ON  OR ABOUT ONE YEAR AFTER THE CREATION OF THE COMMISSION AND
SHALL ISSUE A FINAL REPORT ON OR ABOUT TWO YEARS AFTER THE  CREATION  OF
THE  COMMISSION; BOTH REPORTS SHALL BE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
S 401.10 SAFETY STANDARD TESTING.
  1. IN ACCORDANCE WITH THE  STANDARD  ISSUED  BY  THE  COMMISSION,  ANY
GUNSMITH, AS DEFINED IN SECTION 265.00 OF THIS CHAPTER, WISHING TO MANU-
FACTURE,  OFFER  FOR SALE, SELL OR TRANSFER A FIREARM IN THIS STATE MUST
SUBMIT A PROTOTYPE OF THE FIREARM MODEL FOR TESTING, AT THE COST OF  THE
GUNSMITH,  TO  ONE  OF  THE  INDEPENDENT  LABORATORIES DESIGNATED BY THE
COMMISSION.
  2. THE LABORATORY SHALL ISSUE A WRITTEN REPORT DIRECTLY TO THE  SUPER-
INTENDENT  OF STATE POLICE AND A COPY THEREOF TO THE GUNSMITH INDICATING
WHETHER OR NOT THE SUBMITTED FIREARM MET THE SAFETY STANDARD. SHOULD THE
FIREARM FAIL TO MEET  SUCH  STANDARD,  THE  REPORT  SHALL  DESCRIBE  THE
REASONS THEREFOR.
  3.  IF A FIREARM MODEL FAILS TO MEET THE SAFETY STANDARD, SUCH FIREARM
SHALL NOT BE MANUFACTURED, ASSEMBLED, ALTERED, OFFERED FOR  SALE,  SOLD,
TRADED,   TRANSFERRED,   SHIPPED,   LEASED,  DISTRIBUTED,  ACQUIRED,  OR
POSSESSED BY ANY PERSON IN THIS STATE UNTIL SUCH FIREARM HAS BEEN  MODI-
FIED  TO  MEET  THE COMMISSION'S STANDARD AND HAS PASSED THE INDEPENDENT
LABORATORY'S TEST ON RESUBMISSION.
  4. IF THE FIREARM MODEL MEETS  THE  STANDARD,  THE  SUPERINTENDENT  OF
STATE  POLICE  SHALL  ISSUE A CERTIFICATE STATING THAT THE FIREARM MODEL
MEETS THE COMMISSION'S STANDARD, AND THE WORDS, "CERTIFIED  PERSONALIZED
FIREARM" OR AN EQUIVALENT LABEL, AS ESTABLISHED BY THE COMMISSION, SHALL
BE  IMPRINTED ON THE APPROVED FIREARM AT THE EXPENSE OF THE GUNSMITH, AS
DEFINED IN SECTION 265.00 OF THIS CHAPTER.
  5. ONCE THE FIREARM MODEL IS DEEMED TO MEET THE STANDARD, THE GUNSMITH
OR DEALER, AS DEFINED IN SECTION 265.00 OF THIS CHAPTER, OR THE  AUTHOR-
IZED USER, AS DEFINED IN THIS ARTICLE, SHALL NOT ALTER THE DESIGN OF THE
FIREARM IN ANY MANNER AFFECTING SUCH SAFETY STANDARD.
S 401.15 ENFORCEMENT.
  1. ON OR AFTER FOUR YEARS FROM THE DATE OF THE ADOPTION OF THE COMMIS-
SION'S  STANDARD,  FIREARMS  THAT DO NOT MEET THE STANDARD PRESCRIBED BY
THE COMMISSION PURSUANT TO  THIS  ARTICLE  SHALL  NOT  BE  MANUFACTURED,
ASSEMBLED,   ALTERED,  OFFERED  FOR  SALE,  SOLD,  TRADED,  TRANSFERRED,
SHIPPED, LEASED, DISTRIBUTED, ACQUIRED, OR POSSESSED IN THIS STATE.
  2. IF ANY LAW ENFORCEMENT  OFFICER,  DURING  THE  COURSE  OF  OFFICIAL
DUTIES  AND  OPERATING  WITHIN  THE  CONFINES  OF THE LAW, DISCOVERS ANY
FIREARM WHICH, UNDER THE PROVISIONS OF THIS ARTICLE, DOES NOT  MEET  THE
COMMISSION'S  STANDARD,  THAT  OFFICER  SHALL  TAKE  POSSESSION  OF SUCH
FIREARM, AND THE DISPOSITION OF ANY SUCH FIREARM SHALL BE IN  ACCORDANCE
WITH THE PROVISIONS OF SECTION 400.05 OF THIS CHAPTER.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN

S. 2078                             4

INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATIONS  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN CONNECTION WITH
ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND  TO  ISSUE
SUBPOENAS.
S 401.20 EXEMPTIONS.
  THE FOLLOWING FIREARMS ARE EXEMPT FROM THIS ARTICLE:
  1. ANTIQUE FIREARMS, AS DEFINED IN SECTION 265.00 OF THIS CHAPTER;
  2.  FIREARMS  MANUFACTURED  PRIOR  TO  FOUR YEARS FROM THE DATE OF THE
ADOPTION OF THE COMMISSION'S ORIGINAL STANDARD; PROVIDED, HOWEVER,  THAT
SUCH  FIREARMS  MAY  NOT BE SOLD, OFFERED FOR SALE, TRADED, TRANSFERRED,
SHIPPED, LEASED, OR DISTRIBUTED BY DEALERS, AS DEFINED IN SECTION 265.00
OF THIS CHAPTER, AFTER FOUR YEARS FROM THE DATE OF THE ADOPTION  OF  THE
COMMISSION'S ORIGINAL STANDARD; AND
  3.  FIREARMS  PURCHASED  BY LAW ENFORCEMENT OFFICERS OR DEPARTMENTS OR
AGENCIES AND MEMBERS OF THE ARMED FORCES.
S 401.25 PENALTIES.
  1.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S STANDARD, ANY PERSON WHO MANUFACTURES OR CAUSES TO BE MANU-
FACTURED ANY FIREARM THAT HAS NOT BEEN CERTIFIED BY AN INDEPENDENT TEST-
ING  LABORATORY  AS  MEETING  THE  COMMISSION'S STANDARD AND THAT IS NOT
EXEMPT PURSUANT TO SECTION 401.20 OF THIS ARTICLE IS GUILTY OF A CLASS D
FELONY.
  2.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S  STANDARD,  ANY  PERSON WHO TRANSPORTS OR SHIPS ANY FIREARM
THAT HAS NOT BEEN CERTIFIED BY  AN  INDEPENDENT  TESTING  LABORATORY  AS
MEETING  THE  COMMISSION'S  STANDARD  AND THAT IS NOT EXEMPT PURSUANT TO
SECTION 401.20 OF THIS ARTICLE IS GUILTY OF A CLASS D FELONY.
  3.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S  STANDARD,  ANY PERSON WHO DISPOSES OF ANY FIREARM THAT HAS
NOT BEEN CERTIFIED BY AN INDEPENDENT TESTING LABORATORY AS  MEETING  THE
COMMISSION'S  STANDARD AND THAT IS NOT EXEMPT PURSUANT TO SECTION 401.20
OF THIS ARTICLE IS GUILTY OF A CLASS D FELONY.
  4.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S  STANDARD,  ANY PERSON WHO WILLFULLY DEFACES ANY FIREARM BY
ALTERING THE PERSONALIZED CHARACTERISTICS  OF  A  FIREARM  MANUFACTURED,
ASSEMBLED,   ALTERED,  OFFERED  FOR  SALE,  SOLD,  TRADED,  TRANSFERRED,
SHIPPED, LEASED, DISTRIBUTED, ACQUIRED, OR POSSESSED  AFTER  FOUR  YEARS
FROM  THE  DATE OF THE ADOPTION OF THE COMMISSION'S ORIGINAL STANDARD IS
GUILTY OF A CLASS D FELONY.
S 401.30 LIABILITY.
  1.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S STANDARD, ANY PERSON WHO DISCHARGES A FIREARM THAT DOES NOT
MEET  THE  COMMISSION'S STANDARD AND THAT THIS IS NOT EXEMPT PURSUANT TO
SECTION 401.20 OF THIS ARTICLE IS LIABLE FOR ALL DIRECT  AND  CONSEQUEN-
TIAL  DAMAGES  TO  ANY  PERSON  INJURED IN PERSON, PROPERTY, OR MEANS OF
SUPPORT.
  2.   ON OR AFTER FOUR YEARS FROM THE  DATE  OF  THE  ADOPTION  OF  THE
COMMISSION'S  STANDARD, ANY PERSON WHO OWNS A FIREARM THAT DOES NOT MEET
THE COMMISSION'S STANDARD, THAT IS NOT EXEMPT PURSUANT TO SECTION 401.20
OF THIS ARTICLE, AND WHICH IS DISCHARGED BY AN  UNAUTHORIZED  PERSON  IS
LIABLE FOR ALL DIRECT AND CONSEQUENTIAL DAMAGES TO ANY PERSON INJURED IN
PERSON, PROPERTY, OR MEANS OF SUPPORT.
  3.  THE  PROVISIONS  OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
NOT APPLY WHEN THE DISCHARGE WAS BY A LAW  ENFORCEMENT  OFFICER  IN  THE

S. 2078                             5

LINE  OF  DUTY  OR  WHEN  THE  DISCHARGE WAS MADE WITH JUSTIFICATION, AS
DEFINED IN ARTICLE THIRTY-FIVE OF THIS CHAPTER.
  4.  COMPLIANCE  WITH  ANY  STANDARD ISSUED UNDER THIS ARTICLE DOES NOT
EXEMPT ANY PERSON FROM LIABILITY UNDER THE COMMON LAW.
S 401.35 SEVERABILITY.
  IF ANY PROVISION OF THIS ARTICLE OR THE APPLICATION OF SUCH  PROVISION
IN  CERTAIN CIRCUMSTANCES IS HELD INVALID, THE VALIDITY OF THE REMAINDER
OF THIS ARTICLE AND ITS APPLICABILITY TO OTHER CIRCUMSTANCES  SHALL  NOT
BE AFFECTED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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