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.