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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (3)
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

S8926 - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add Art 39-dddd §§898-a - 898-e, Gen Bus L

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.

S8926 - Sponsor Memo

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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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

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.

S8926A (ACTIVE) - Sponsor Memo

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

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