Assembly Bill A3942

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

                                  3942

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. COLTON, SCARBOROUGH, STEVENSON, ROBERTS -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the general obligations law, in  relation  to  liability
  for  the manufacture, sale, leasing or other disposition of ammunition
  feeding devices and compensation for damages

  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. LIABILITY FOR MANUFACTURE, SALE, LEASING OR  OTHER  DISPOSI-
TION OF AMMUNITION FEEDING DEVICES. 1. AS USED IN THIS SECTION THE TERM:
  (A)  "LARGE  CAPACITY AMMUNITION FEEDING DEVICE" SHALL MEAN MAGAZINES,
BELTS, FEEDSTRIPS, DRUMS, CLIPS, OR SIMILAR  DEVICES  CAPABLE  OF  BEING
ATTACHED  TO  OR  UTILIZED WITH A RIFLE, SHOTGUN OR PISTOL AS DEFINED IN
SECTION 265.00 OF THE PENAL LAW AND WHICH, IN THE CASE  OF  A  RIFLE  OR
SHOTGUN, HAS THE CAPACITY OF, OR CAN BE READILY RESTORED OR CONVERTED TO
ACCEPT,  MORE  THAN  FIVE CARTRIDGES, OR IN THE CASE OF A PISTOL HAS THE
CAPACITY OF, OR CAN BE READILY RESTORED OR  CONVERTED  TO  ACCEPT,  MORE
THAN  FIFTEEN CARTRIDGES. THE TERM SHALL ALSO INCLUDE ANY COMBINATION OF
PARTS FROM WHICH SUCH DEVICES CAN BE ASSEMBLED;
  (B) "MANUFACTURER" SHALL MEAN ANY PERSON, CORPORATION, FIRM,  PARTNER-
SHIP OR OTHER ENTITY THAT MANUFACTURES LARGE CAPACITY AMMUNITION FEEDING
DEVICES; AND
  (C)  "DEALER" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP OR
OTHER ENTITY THAT SELLS, LEASES OR IN ANY MANNER  DISPOSES  OF  A  LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
  2. A MANUFACTURER OR DEALER MAY BE HELD STRICTLY LIABLE IN TORT, WITH-
OUT REGARD TO FAULT OR PROOF OF DEFECT, FOR ALL DIRECT AND CONSEQUENTIAL
DAMAGES  TO  ANY PERSON INJURED IN PERSON, PROPERTY OR MEANS OF SUPPORT,
OR KILLED, IF THE INJURY OR DEATH PROXIMATELY RESULTS FROM  THE  ILLEGAL
DISCHARGE  OF  A  FIREARM  TO  WHICH A LARGE CAPACITY AMMUNITION FEEDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04176-01-3
              

A. 3942                             2

DEVICE WAS AFFIXED THERETO AND UTILIZED. IN CASE OF THE DEATH OF  EITHER
PARTY,  THE LIABILITY ESTABLISHED HEREIN SHALL SURVIVE TO OR AGAINST HIS
OR HER EXECUTOR OR ADMINISTRATOR, AND THE AMOUNT SO RECOVERED BY  EITHER
SPOUSE OR CHILD SHALL BE HIS OR HER SOLE AND SEPARATE PROPERTY.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
THERE SHALL BE NO BASIS FOR LIABILITY UNDER THIS SECTION IF:
  (A) THE INDIVIDUAL INJURED OR KILLED WAS ENGAGED IN A CRIMINAL ACT  AT
THE TIME OF HIS OR HER INJURY OR DEATH;
  (B)  THE MANUFACTURER OR DEALER SOLD, LEASED, OR OTHERWISE DISPOSED OF
THE LARGE CAPACITY AMMUNITION FEEDING DEVICE TO A PERSON OR  ENTITY  WHO
WAS:
  (I) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, WHEN POSSESSION
IS AUTHORIZED BY LAW OR REGULATION;
  (II)  AN EMPLOYEE OF A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCY
OR OTHER MEMBERS OF THE CRIMINAL  JUSTICE  SYSTEM,  WHEN  POSSESSION  IS
AUTHORIZED BY LAW OR REGULATION.
  (C) THE INDIVIDUAL WHO DISCHARGED THE FIREARM TO WHICH A LARGE CAPACI-
TY AMMUNITION FEEDING DEVICE WAS AFFIXED THERETO AND UTILIZED:
  (I)  IS  A  MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES, WHOSE
POSSESSION IS AUTHORIZED BY LAW OR REGULATION;
  (II) IS AN EMPLOYEE OF A FEDERAL,  STATE,  OR  LOCAL  LAW  ENFORCEMENT
AGENCY  OR OTHER MEMBER OF THE CRIMINAL JUSTICE SYSTEM, WHOSE POSSESSION
IS AUTHORIZED BY LAW OR REGULATION.
  4. ANY DEFENSE THAT IS AVAILABLE IN A  STRICT  LIABILITY  TORT  ACTION
SHALL BE AVAILABLE AS A DEFENSE UNDER THIS SECTION.
  5.  THIS  SECTION  SHALL  NOT  OPERATE  TO LIMIT IN SCOPE ANY CAUSE OF
ACTION, OTHER THAN THAT PROVIDED BY THIS SECTION, AVAILABLE TO A  PERSON
INJURED IN PERSON, PROPERTY OR MEANS OF SUPPORT OR KILLED BY A FIREARM.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  any
cause of action which accrues on or after such date.