senate Bill S5922

2017-2018 Legislative Session

Provides for compensation for injury or death caused by the negligent entrustment of a firearm

download bill text pdf

Sponsored By

Current Bill Status - In Senate Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
May 05, 2017 referred to judiciary

S5922 - Details

Law Section:
General Obligations Law
Laws Affected:
Add ยง11-108, Gen Ob L

S5922 - Summary

Provides for compensation for injury or death caused by the negligent entrustment of a firearm.

S5922 - Sponsor Memo

S5922 - 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.
  S 2. The general obligations law is amended by adding  a  new  section
11-108 to read as follows:
  S  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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