NY State Senate Bill 2019-S8926A

Senate Bill S8926A

2019-2020 Legislative Session

Relates to the dangers to safety and health caused by the sale, manufacturing, importing and marketing of firearms

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 02, 2020	print number 8926a
Sep 02, 2020	amend (t) and recommit to rules
Aug 19, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S8926 - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add Art 39-dddd §§898-a - 898-e, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1048

2019-S8926 - Summary

Relates to the dangers to safety and health caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.

2019-S8926 - Sponsor Memo

                                
 
BILL NUMBER: S8926

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the penal law, in relation to providing terms for crimi-
nal nuisance in the second degree

 
PURPOSE:

To include manufacture and sale of products in the meaning of "create
and maintain" as used in subdivision 1 of Section 240.45 of the New York
State Penal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 240.45 of the Penal law by adding a new subdi-
vision 3, to include the sale and manufacture of products in the use of
the terms "create and maintain" as used in subdivision 1.

JUSTIFICATION:

In the first half of 2020, gun violence has spiked across the nation,
and has been pronounced in communities of color. There are many causes
of gun violence, and much attention has been paid to the tragic conclu-
sion of one individual or individuals using a firearm to shoot another
individual or individuals. This bill aims to attack one of the root
problems for this violence itself: firearms.

Including the sale and manufacturing of products within subdivision one
of Section 240.45 of the Penal law will remove the ambiguity from state
law cited in City of New York v. Beretta USA Corp., 524 F.3d 384 (2d
Cir. 2008). In that case, the court found that N.Y. Penal Law Section
240.45 was not an exception to the2005 federal law, the Protection of
Lawful Commerce in Arms Act (PLCAA), which generally shields gun
manufacturers and sellers from liability, unlike most other commercial
enterprises. The PLCAA includes exceptions to this blanket liability,
however; specifically, it excludes manufacturers who knowingly violate
state laws that regulate the gun industry and this amendment is intended
to make clear that New York's criminal nuisance law covers the activ-
ities of gun manufacturers, marketers, and dealers.

The illegal marketing and selling of firearms is a life or death issue
across the United States, yet gun manufacturers remain unharmed, and are
in fact continuing to flourish economically. While many companies have
faced liability for their products endangering the health or safety of
the public, gun manufacturers have remained shielded from liability,
despite the fact that guns certainly endanger the health and safety of a
large portion of the public. Because N.Y. Penal Law Section 240.45
covers actions that endanger the health or safety of the public, this
amendment will finally allow accountability for the gun manufacturing
industry that does not run afoul of federal law.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8926 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8926
 
                             I N  S E N A T E
 
                              August 19, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to providing terms for crimi-
   nal nuisance in the second degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 240.45 of the penal law is amended by adding a new
 subdivision 3 to read as follows:
   3. AS USED IN SUBDIVISION ONE OF THIS SECTION, THE TERMS "CREATE"  AND
 "MAINTAIN" SHALL INCLUDE THE SALE OR MANUFACTURING OF PRODUCTS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17136-01-0

co-Sponsors

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2019-S8926A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add Art 39-dddd §§898-a - 898-e, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1048

2019-S8926A (ACTIVE) - Summary

Relates to the dangers to safety and health caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.

2019-S8926A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8926A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the dangers to
safety and health and creation of a public nuisance cause by the sale,
manufacturing, importing and marketing of firearms

 
PURPOSE:

To regulate the sale, manufacture, importation and marketing of firearms
in relation to creating or maintaining a condition that endangers safety
or health through the sale, manufacturing, importing or marketing of
firearms within the guidelines of City of New York v Beretta USA Corp.,
524 F3d 384.

 
SUMMARY OF PROVISIONS:

This bill amends the General Business Law by adding Article 39-DDDD.

Section 1: Contains Legislative findings and intent.

Section 2: Defines several terms that appear in the bill including
"deceptive acts or practices," "gun industry member," and "false adver-
tising" and provides that no gun industry member, as that term is
defined in the bill, shall create or maintain a condition that endangers
safety or health through the sale, manufacturing, importing, or market-
ing of firearms. Section 2 also declares that a violation of the new
article that results in harm to the public is a public nuisance and
establishes the conditions and factors that a court shall consider in
determining whether a nuisance exists. Section 2 further provides for
enforcement by the attorney general in the name of the people of the
state of New York or by any town attorney, city corporation counsel, or
other lawfully designated enforcement officer of a municipality or local
government and also provides for a private right of action by any
person, firm, corporation, or association that has been damaged as a
result of a gun industry member's acts or omissions.

Section 3: Provides that the act takes effect immediately.

 
JUSTIFICATION:

Virtually every illegal firearm was once legal. Our country is awash
with legal and illegal firearms and the People are paying the price in
money and misery wrought by the illegal use of firearms. This unaccepta-
ble situation poses specific harm to New Yorkers based largely on their
zip code and certain immutable characteristics such as race and ethnici-
ty. Given the ease at which legal firearms flow into the illegal market
-- in spite of stringent state and local restrictions -- and given the
specific harm illegal firearm violence causes certain New Yorkers, those
responsible for the sale, manufacture, importing, or marketing of
firearms should be held liable for the public nuisance caused by such
activities. This bill has been drafted to comport with the Protection of
Lawful Commerce in Arms Act (18 USC § 921) as construed by the United
States Court of Appeals for the Second Circuit in City of New York v
Beretta USA Corp., 524 F3d 384. Through the PLCAA, the firearms industry
is shielded from civil liability except when the basis for that liabil-
ity is a "predicate statute" that is applicable to the sale or marketing
of firearms. With the passage of this bill, it is our hope that the
right of the People to hold the firearms industry accountable will be
restored.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8926A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8926--A
 
                             I N  S E N A T E
 
                              August 19, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the general business law, in relation to the dangers to
   safety and health and creation of a public nuisance cause by the sale,
   manufacturing, importing and marketing of firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that the illegal use of firearms not  only  constitutes  a  public
 nuisance  as  declared  in  article  400  of the penal law, but that the
 effects of such nuisance poses specific harm to New Yorkers based large-
 ly on their zip code and certain immutable characteristics such as  race
 and ethnicity.  Illegal firearm violence has disproportionately affected
 urban  neighborhoods in the state despite stringent state and local laws
 against the illegal possession  of  firearms  while,  according  to  the
 Bureau  of  Alcohol, Tobacco, Firearms and Explosives statistics, 74% of
 firearms used in crimes in New York are purchased outside of  New  York.
 Thus,  the  legislature further finds that given the ease at which legal
 firearms flow into the illegal market, and given the specific harm ille-
 gal firearm violence causes certain New Yorkers, those  responsible  for
 the  sale,  manufacture, or marketing of firearms may be held liable for
 the public nuisance caused by such activities.
   § 2. The general business law is  amended  by  adding  a  new  article
 39-dddd to read as follows:
                              ARTICLE 39-DDDD
         SALE, MANUFACTURING, IMPORTING AND MARKETING OF FIREARMS
 SECTION 898-A. DEFINITIONS.
         898-B. DANGERS TO SAFETY AND HEALTH.
         898-C. PUBLIC NUISANCE.
         898-D. ENFORCEMENT.
         898-E. PRIVATE RIGHT OF ACTION.
   §  898-A.  DEFINITIONS.  FOR  PURPOSES  OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DECEPTIVE ARTS OR  PRACTICES"  SHALL  HAVE  THE  SAME  MEANING  AS

 DEFINED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17136-03-0

 S. 8926--A                          2
 
   2. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   3.  "FIREARM"  SHALL  MEAN  A FIREARM, RIFLE OR SHOTGUN, AS DEFINED IN
 SECTION 265.00 OF THE PENAL LAW.
   4. "GUN INDUSTRY MEMBER" SHALL MEAN A  PERSON,  FIRM,  CORPORATION  OR
 ASSOCIATION  ENGAGED  IN THE SALE, MANUFACTURING, IMPORTING OR MARKETING
 OF FIREARMS.
   § 898-B. DANGERS TO SAFETY AND HEALTH. NO GUN  INDUSTRY  MEMBER  SHALL
 CREATE  OR MAINTAIN A CONDITION WHICH ENDANGERS SAFETY OR HEALTH THROUGH
 THE SALE, MANUFACTURING, IMPORTING OR MARKETING OF FIREARMS.
   § 898-C. PUBLIC NUISANCE. 1. A VIOLATION OF THIS ARTICLE THAT  RESULTS
 IN HARM TO THE PUBLIC SHALL HEREBY BE DECLARED TO BE A PUBLIC NUISANCE.
   2.  THE EXISTENCE OF A PUBLIC NUISANCE SHALL NOT DEPEND ON WHETHER THE
 GUN INDUSTRY MEMBER ACTED FOR THE PURPOSE OF CAUSING HARM TO THE PUBLIC.
   3. THE ACTS OR OMISSIONS OF A GUN INDUSTRY MEMBER SHALL CONSTITUTE THE
 PROXIMATE CAUSE OF A PUBLIC NUISANCE IF THE HARM TO  THE  PUBLIC  WAS  A
 REASONABLY FORESEEABLE EFFECT OF SUCH ACTS OR OMISSIONS, NOTWITHSTANDING
 ANY  INTERVENING  ACTIONS, INCLUDING BUT NOT LIMITED TO CRIMINAL ACTIONS
 BY THIRD PARTIES.
   4. IN DETERMINING WHETHER A NUISANCE EXISTS, A COURT SHALL CONSIDER:
   (A) ANY CRIMES COMMITTED IN NEW YORK WITH FIREARMS SOLD,  MANUFACTURED
 OR MARKETED BY THE GUN INDUSTRY MEMBER;
   (B) THE TOTAL NUMBER OF FIREARMS THAT THE GUN INDUSTRY MEMBER MANUFAC-
 TURED OR SOLD IN THE UNITED STATES;
   (C)  THE  TOTAL  NUMBER OF FIREARMS SOLD BY THE GUN INDUSTRY MEMBER IN
 NEW YORK;
   (D) THE VALUE OF FIREARM-RELATED PRODUCTS SOLD  BY  THE  GUN  INDUSTRY
 MEMBER IN NEW YORK;
   (E)  THE TOTAL NUMBER OF FIREARMS LINKED TO CRIMINAL INVESTIGATIONS IN
 NEW YORK THAT ARE ATTRIBUTABLE TO THE GUN INDUSTRY MEMBER;
   (F) THE SALE PRICES OF FIREARMS SOLD BY THE GUN INDUSTRY MEMBER;
   (G) THE CONNECTION WITH COMPANIES RELATED TO THE GUN INDUSTRY MEMBER;
   (H) THE DISTRIBUTION METHODS AND THEIR POSSIBLE EFFECTS ON  CRIMES  IN
 NEW YORK;
   (I) THE GUN INDUSTRY MEMBER'S TOTAL REVENUE FROM THE UNITED STATES AND
 NEW YORK MARKETS;
   (J)  WHETHER  THE GUN INDUSTRY MEMBER HAS ENGAGED IN DECEPTIVE ACTS OR
 PRACTICES IN THE CONDUCT OF ANY BUSINESS, TRADE OR COMMERCE  OR  IN  THE
 FURNISHING OF ANY SERVICE;
   (K)  WHETHER  THE GUN INDUSTRY MEMBER HAS ENGAGED IN FALSE ADVERTISING
 IN THE CONDUCT OF ANY BUSINESS, TRADE, OR COMMERCE OR IN THE  FURNISHING
 OF ANY SERVICE; AND
   (L)  ANY  OTHER  ACTS  OR  OMISSIONS  BY  THE GUN INDUSTRY MEMBER THAT
 CREATE, CONTRIBUTE TO OR MAINTAIN PUBLIC HARM.
   § 898-D. ENFORCEMENT. THE PROVISIONS OF THIS ARTICLE MAY  BE  ENFORCED
 BY  THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
 YORK, OR BY THE  TOWN  ATTORNEY,  CITY  CORPORATION  COUNSEL,  OR  OTHER
 LAWFULLY  DESIGNATED  ENFORCEMENT  OFFICER  OF  A  MUNICIPALITY OR LOCAL
 GOVERNMENT.
   § 898-E. PRIVATE RIGHT OF ACTION. ANY  PERSON,  FIRM,  CORPORATION  OR
 ASSOCIATION THAT HAS BEEN DAMAGED AS A RESULT OF A GUN INDUSTRY MEMBER'S
 ACTS  OR  OMISSIONS  IN  VIOLATION  OF THIS ARTICLE SHALL BE ENTITLED TO
 BRING AN ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTICLE.
   § 3. This act shall take effect immediately.

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