|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to judiciary|
|May 05, 2017||referred to judiciary|
senate Bill S5922
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5922 (ACTIVE) - Details
S5922 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5922 TITLE OF BILL : An act to amend the general obligations law, in relation to providing for compensation for injury or death cause by the negligent entrustment of a firearm PURPOSE : To extend the negligent entrustment liability of firearm manufacturers and sellers to the maximum extent allowable under federal law. SUMMARY OF PROVISIONS : Section 1 establishes the legislative intent. Section 2 amends the general obligations law by adding a new section 11-108 creating a statutory right of action for negligent entrustment of a firearm. Negligent entrustment means "the supplying of a firearm by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others." Section 3 establishes the effective date.
S5922 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5922 2017-2018 Regular Sessions I N S E N A T E May 5, 2017 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to providing for compensation for injury or death cause by the negligent entrust- ment of a firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The federal Protection of Lawful Commerce in Arms Act, 109 P.L. 92, 119 Stat. 2095, bars almost all civil actions or proceedings against manufacturers and sellers of firearms, but it provides an exemption for actions brought for negligent entrust- ment. Negligent entrustment under the act means the supplying of a firearm by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. It is the intent of the legislature to extend the negligent entrustment liability of firearm manufacturers and sellers to the maximum extent allowable under federal law. § 2. The general obligations law is amended by adding a new section 11-108 to read as follows: § 11-108. COMPENSATION FOR INJURY OR DEATH CAUSED BY THE NEGLIGENT ENTRUSTMENT OF A FIREARM. 1. ANY PERSON WHO IS INJURED IN PERSON, PROP- ERTY, MEANS OF SUPPORT, OR OTHERWISE BY THE USE OF A FIREARM SHALL HAVE A RIGHT OF ACTION AGAINST ANY PERSON OR ENTITY WHO CAUSED OR CONTRIBUTED TO THE INJURY THROUGH THE NEGLIGENT ENTRUSTMENT OF A FIREARM. IN ANY SUCH ACTION, THE INJURED PERSON SHALL HAVE A RIGHT TO RECOVER ACTUAL AND PUNITIVE DAMAGES. 2. IN CASE OF THE DEATH OF THE PERSON INJURED, THE ACTION OR RIGHT OF ACTION GIVEN BY THIS ACTION SHALL SURVIVE TO HIS OR HER EXECUTOR OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11472-01-7
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