S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10545
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
   read once and referred to the Committee on Codes
 
 AN  ACT  to  create a private right of action for any person against any
   person who, within this state, manufactures or causes to  be  manufac-
   tured,  distributes,  transports, or imports into the state, or causes
   to be distributed or transported or imported into the state, keeps for
   sale or offers or exposes for sale, or  gives  or  lends  any  firearm
   lacking  a  serial  number  required  by  law, assault weapon, .50 BMG
   rifle, or firearm precursor part, subject to certain  exceptions;  and
   to  amend the civil practice law and rules, in relation to the liabil-
   ity of a person who challenges a firearm restriction in court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. (a) The Legislature hereby finds and
 declares that the proliferation of assault weapons, .50 BMG rifles,  and
 unserialized firearms poses a threat to the health, safety, and security
 of  all  residents of, and visitors to, this state. All New Yorker resi-
 dents are directly harmed by the proliferation of these weapons and this
 state has a compelling state interest in protecting  its  citizens  from
 gun violence and from intimidation by persons brandishing these weapons.
 Further,  this  state has a compelling interest in enabling law enforce-
 ment authorities to trace firearms used, manufactured,  distributed,  or
 transported unlawfully.
   (b)  The  Legislature  has previously restricted assault weapons based
 upon finding that each such firearm has such a high  rate  of  fire  and
 capacity  for  firepower  that  its  function  as a legitimate sports or
 recreational firearm is substantially outweighed by the danger  that  it
 can  be used to kill and injure human beings. The Legislature finds that
 .50 BMG rifles pose a clear and present threat to  the  health,  safety,
 and  security  of all residents of, and visitors to, this state, because
 those firearms have such a high capacity for  long-distance  and  highly
 destructive  firepower  that they pose an unacceptable risk of death and
 serious injury of human beings, destruction or serious damage  of  vital
 public  and  private  buildings, civilian, police and military vehicles,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16026-01-2
 A. 10545                            2
 
 power generation and transmission facilities,  petrochemical  production
 and  storage facilities, and transportation infrastructure. The Legisla-
 ture further finds and  declares  that  the  manufacture,  distribution,
 transport, importation, and sale of unserialized firearms poses a threat
 to  the  health,  safety, and security of all residents of, and visitors
 to, this state, and impedes law enforcement  activities,  and  that  the
 manufacture,  distribution,  transport, importation, and sale of firearm
 precursor parts and kits is contributing to the proliferation of unseri-
 alized firearms in the state.
   (c) It is the intent of  the  Legislature  in  enacting  this  act  to
 restrict  in  this  state the manufacture, distribution, transportation,
 importation, and sale of assault weapons, .50 BMG rifles, and  unserial-
 ized  firearms  by  creating  new  civil  law  prohibitions  and a civil
 enforcement mechanism, independent of existing law. Nothing in this  act
 shall  be  construed  to limit in any way the enforceability of existing
 laws concerning firearms.
   § 2. For purposes of this act, the following definitions shall apply:
   (a) ".50 BMG rifle" means a center fire rifle that can fire a .50  BMG
 cartridge and is not already an assault weapon or a machinegun. ".50 BMG
 rifle"  does not include any antique firearm, nor any curio or relic, as
 defined in Section 478.11 of Title 27  of  the  Code  of  Federal  Regu-
 lations.
   (b)  (1) "Assault weapon" means the following designated semiautomatic
 firearms:
   (A) All of the following specified rifles:
   (i) All AK series, including, but not limited to, the  models  identi-
 fied as follows:
   (I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
   (II) Norinco 56, 56S, 84S, and 86S.
   (III) Poly Technologies AKS and AK47.
   (IV) MAADI AK47 and ARM.
   (ii) UZI and Galil.
   (iii) Beretta AR-70.
   (iv) CETME Sporter.
   (v) Colt AR-15 series.
   (vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
   (vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
   (viii) MAS 223.
   (ix) HK-91, HK-93, HK-94, and HK-PSG-1.
   (x) The following MAC types:
   (I) RPB Industries Inc. sM10 and sM11.
   (II) SWD Incorporated M11.
   (xi) SKS with detachable magazine.
   (xii) SIG AMT, PE-57, SG 550, and SG 551.
   (xiii) Springfield Armory BM59 and SAR-48.
   (xiv) Sterling MK-6.
   (xv) Steyer AUG.
   (xvi) Valmet M62S, M71S, and M78S.
   (xvii) Armalite AR-180.
   (xviii) Bushmaster Assault Rifle.
   (xix) Calico M-900.
   (xx) J&R ENG M-68.
   (xxi) Weaver Arms Nighthawk.
   (B) All of the following specified pistols:
   (i) UZI.
   (ii) Encom MP-9 and MP-45.
 A. 10545                            3
 
   (iii) The following MAC types:
   (I) RPB Industries Inc. sM10 and sM11.
   (II) SWD Incorporated M-11.
   (III) Advance Armament Inc. M-11.
   (IV) Military Armament Corp. Ingram M-11.
   (V) Intratec TEC-9.
   (VI) Sites Spectre.
   (VII) Sterling MK-7.
   (VIII) Calico M-950.
   (IX) Bushmaster Pistol.
   (C) All of the following specified shotguns:
   (i) Franchi SPAS 12 and LAW 12.
   (ii) Striker 12.
   (iii) The Streetsweeper type S/S Inc. SS/12.
   (D) Any firearm declared to be an assault weapon by the court.
   (E)  Any  firearm  included  in  the  list promulgated by the Attorney
 General pursuant to the Penal Law and any other  models  that  are  only
 variations  of  those  weapons with minor differences, regardless of the
 manufacturer. The Legislature has defined assault weapons as the  types,
 series,  and  models  listed  in  this paragraph because it was the most
 effective way to identify and restrict a specific class of semiautomatic
 weapons.
   (F) As used in this paragraph, "series" includes all other models that
 are only variations, with minor differences, of those models  listed  in
 subparagraph (A) of this paragraph, regardless of the manufacturer.
   (2)  (A) Notwithstanding paragraph (1) of this section, "assault weap-
 on" also means any of the following:
   (i) A semiautomatic, centerfire rifle that does not have a fixed maga-
 zine but has any one of the following:
   (I) A pistol grip that protrudes conspicuously beneath the  action  of
 the weapon.
   (II) A thumbhole stock.
   (III) A folding or telescoping stock.
   (IV) A grenade launcher or flare launcher.
   (V) A flash suppressor.
   (VI) A forward pistol grip.
   (ii)  A semiautomatic, centerfire rifle that has a fixed magazine with
 the capacity to accept more than 10 rounds.
   (iii) A semiautomatic, centerfire rifle that has an overall length  of
 less than 30 inches.
   (iv)  A  semiautomatic  pistol that does not have a fixed magazine but
 has any one of the following:
   (I) A threaded  barrel,  capable  of  accepting  a  flash  suppressor,
 forward handgrip, or silencer.
   (II) A second handgrip.
   (III)  A shroud that is attached to, or partially or completely encir-
 cles, the barrel that allows the bearer to fire the weapon without burn-
 ing the bearer's hand, except a slide that encloses the barrel.
   (IV) The capacity to accept a detachable  magazine  at  some  location
 outside of the pistol grip.
   (v) A semiautomatic pistol with a fixed magazine that has the capacity
 to accept more than 10 rounds.
   (vi) A semiautomatic shotgun that has both of the following:
   (I) A folding or telescoping stock.
   (II)  A pistol grip that protrudes conspicuously beneath the action of
 the weapon, thumbhole stock, or vertical handgrip.
 A. 10545                            4
 
   (vii) A semiautomatic shotgun that does not have a fixed magazine.
   (viii) Any shotgun with a revolving cylinder.
   (ix)  A semiautomatic, centerfire firearm that is not a rifle, pistol,
 or shotgun, that does not have a fixed magazine, but that has any one of
 the following:
   (I) A pistol grip that protrudes conspicuously beneath the  action  of
 the weapon.
   (II) A thumbhole stock.
   (III) A folding or telescoping stock.
   (IV) A grenade launcher or flare launcher.
   (V) A flash suppressor.
   (VI) A forward pistol grip.
   (VII)  A  threaded  barrel,  capable  of accepting a flash suppressor,
 forward handgrip, or silencer.
   (VIII) A second handgrip.
   (IX) A shroud that is attached to, or partially or  completely  encir-
 cles, the barrel that allows the bearer to fire the weapon without burn-
 ing the bearer's hand, except a slide that encloses the barrel.
   (X)  The  capacity  to  accept  a detachable magazine at some location
 outside of the pistol grip.
   (x) A semiautomatic, centerfire firearm that is not a  rifle,  pistol,
 or  shotgun,  that has a fixed magazine with the capacity to accept more
 than 10 rounds.
   (xi) A semiautomatic, centerfire firearm that is not a rifle,  pistol,
 or shotgun, that has an overall length of less than 30 inches.
   (B)  For purposes of this paragraph, "fixed magazine" means an ammuni-
 tion feeding device contained in, or permanently attached to, a  firearm
 in  such  a manner that the device cannot be removed without disassembly
 of the firearm action.
   (C) The Legislature finds a significant public  purpose  in  exempting
 from  the  definition  of  "assault  weapon"  pistols  that are designed
 expressly for use in Olympic target shooting events.   Therefore,  those
 pistols  that  are sanctioned by the International Olympic Committee and
 by USA Shooting, the national governing body for international  shooting
 competition  in the United States, and that were used for Olympic target
 shooting purposes as of January 1, 2001, and that would  otherwise  fall
 within  the  definition of "assault weapon" pursuant to this section are
 exempt, as provided in subparagraph (D) of this paragraph.
   (D) "Assault weapon" does not include either of the following:
   (i) Any antique firearm.
   (ii) Any of the following pistols, because they  are  consistent  with
 the  significant  public  purpose  expressed in subparagraph (C) of this
 paragraph:
 
 MANUFACTURER        MODEL          CALIBER
 
 BENELLI             MP90           .22LR
 BENELLI             MP90           .32 S&W LONG
 BENELLI             MP95           .22LR
 BENELLI             MP95           .32 S&W LONG
 HAMMERLI            280            .22LR
 HAMMERLI            280            .32 S&W LONG
 HAMMERLI            SP20           .22LR
 HAMMERLI            SP20           .32 S&W LONG
 PARDINI             GPO            .22 SHORT
 PARDINI             GP-SCHUMANN    .22 SHORT
 A. 10545                            5
 
 PARDINI             HP             .32 S&W LONG
 PARDINI             MP             .32 S&W LONG
 PARDINI             SP             .22LR
 PARDINI             SPE            .22LR
 WALTHER             GSP            .22LR
 WALTHER             GSP            .32 S&W LONG
 WALTHER             OSP            .22 SHORT
 WALTHER             OSP-2000       .22 SHORT
 
   (iii) The Division of Criminal Justice Services shall create a program
 that  is consistent with the purposes stated in subparagraph (C) of this
 paragraph to exempt new models of competitive pistols that would  other-
 wise  fall  within  the  definition of "assault weapon" pursuant to this
 section from being classified as an assault weapon. The  exempt  compet-
 itive pistols may be based on recommendations by USA Shooting consistent
 with the regulations contained in the USA Shooting Official Rules or may
 be  based  on the recommendation or rules of any other organization that
 the division deems relevant.
   (c) "Firearm" means a device, designed to be used as  a  weapon,  from
 which  is  expelled  through  a  barrel, a projectile by the force of an
 explosion or other form of combustion.
   (d) (1) "Firearm precursor part" means a component of a  firearm  that
 is  necessary  to build or assemble a firearm and is described in either
 of the following categories:
   (A) An unfinished receiver, including both a single part receiver  and
 a multiple part receiver, such as a receiver in an AR-10- or AR-15-style
 firearm.  An  unfinished  receiver includes a receiver tube, a molded or
 shaped polymer frame or receiver, a metallic casting, a  metallic  forg-
 ing,  and  a  receiver flat, such as a Kalashnikov-style weapons system,
 Kalashnikov-style receiver channel, or a  Browning-style  receiver  side
 plate.
   (B) An unfinished handgun frame.
   (2)  The  Division  of Criminal Justice Services, consistent with this
 subdivision, shall  provide  written  guidance  and  pictorial  diagrams
 demonstrating each category of firearm precursor part specified in para-
 graph (1) of this subdivision.
   (3)  Firearm  parts  that  can  only  be  used on antique firearms, as
 defined in section 265.00 of the Penal Law, are  not  firearm  precursor
 parts.
   (4) A firearm precursor part is not a firearm or the frame or receiver
 of a firearm.
   (e) "Unserialized firearm" means a firearm that does not have a serial
 number as required by law or has had its serial number altered or oblit-
 erated.
   §  3.  (a)  Notwithstanding any other law, no person within this state
 may manufacture or cause to be manufactured, distribute,  transport,  or
 import  into  the  state,  or  cause  to be distributed, transported, or
 imported into the state, keep for sale, offer or  expose  for  sale,  or
 give  or  lend,  any  assault  weapon,  .50  BMG  rifle, or unserialized
 firearm, except as provided in subdivisions (d) and (e) of section  four
 of this act.
   (b)  No  person within this state may manufacture or cause to be manu-
 factured, distribute, transport, or import into the state, or  cause  to
 be distributed or transported or imported into the state, keep for sale,
 offer  or  expose for sale, or give or lend, any firearm precursor part.
 This subdivision shall not  apply  to  a  manufacturer  or  importer  of
 A. 10545                            6
 
 firearms  licensed  pursuant to Chapter 44 (commencing with Section 921)
 of Part I of Title 18 of the United States  Code,  and  the  regulations
 issued  pursuant thereto, except that the manufacturer or importer shall
 not  perform any of the acts prohibited by this subdivision with respect
 to a kit of firearm precursor parts containing all  parts  necessary  to
 construct a functioning firearm.
   (c)  The  prohibitions  described  in subdivisions (a) and (b) of this
 section apply whether or not the assault weapon, .50 BMG rifle,  unseri-
 alized  firearm,  or firearm precursor part is misused or is intended to
 be misused in a criminal or unlawful manner.
   (d) Subdivisions (a) and (b) of this section do not apply to the  sale
 of  an  assault  weapon, .50 BMG rifle, unserialized firearm, or firearm
 precursor part to, or the  purchase,  transport,  importation,  sale  or
 other  transfer,  or manufacture of, an assault weapon, a .50 BMG rifle,
 unserialized firearm, or firearm precursor part by, any law  enforcement
 agency, public entity that employs peace officers, or any authorized law
 enforcement  representative  thereof,  if  that  person or entity is not
 prohibited by law from possessing an  assault  weapon,  .50  BMG  rifle,
 unserialized  firearm,  or  firearm  precursor  part, including, without
 limitation, the Division of Criminal Justice Services, a police  depart-
 ment or sheriffs' or marshals' office, the Department of Corrections and
 Community Supervision, the Division of State Police, the Attorney Gener-
 al,  a  district  attorneys'  office,  the  Department  of Environmental
 Conservation, the Office of Parks, Recreation and Historic Preservation,
 the Cannabis Control Board, the military or naval forces of  this  state
 or of the United States, a law enforcement or military agency of another
 state,  any federal law enforcement agency, or any foreign government or
 agency approved by the United States Department of State, for use in the
 discharge of the official duties of such entities.
   (e) Subdivisions (a) and (b) of this section do not apply to a  person
 who  is  the  executor  or  administrator  of an estate that includes an
 assault weapon or a .50 BMG rifle registered in this state, or that  was
 legally  possessed  within  this  state,  or a firearm assigned a serial
 number that is disposed of as authorized by the probate  court,  if  the
 disposition is otherwise permitted under the laws of New York State.
   §  4. (a) Notwithstanding the provisions of section three of this act,
 any licensed firearms dealer may take possession of any  assault  weapon
 or .50 BMG rifle from any person to whom it is legally registered or who
 has  been  issued a permit to possess it pursuant to New York State law,
 or of any firearm precursor part,  for  the  purposes  of  servicing  or
 repair.
   (b)  Notwithstanding  the provisions of section three of this act, any
 licensed firearms dealer may transfer possession of any assault  weapon,
 .50  BMG  rifle, or firearm precursor part received pursuant to subdivi-
 sion (a) of this section, to a gunsmith for  purposes  of  repairing  or
 servicing  that  weapon. A transfer is permissible only to the following
 persons:
   (1) A gunsmith employed the dealer.
   (2) A gunsmith with whom the dealer  has  contracted  for  gunsmithing
 services.
   (c)  Paragraph  (2) of subdivision (b) of this section applies only if
 the gunsmith receiving the assault weapon, .50  BMG  rifle,  or  firearm
 precursor part meets both of the following qualifications:
   (1)  The gunsmith holds a dealer license issued pursuant to Chapter 44
 (commencing with Section 921) of Title 18 of the United States Code  and
 the regulations issued pursuant thereto.
 A. 10545                            7
 
   (2)  The  gunsmith  holds  any business license required by a state or
 local governmental entity.
   (d)  In  addition  to the uses permitted under New York State law, any
 licensed gun dealer who lawfully possesses an assault  weapon,  .50  BMG
 rifle,  or  firearm  precursor  part pursuant to those provisions may do
 either of the following:
   (1) Transport the firearm or firearm precursor part between dealers or
 out of the state if that person is permitted pursuant  to  the  National
 Firearms  Act. Any transporting allowed by this section or section three
 of this act shall be in compliance with the Penal Law.
   (2) Sell the firearm or firearm precursor part to a  resident  outside
 the state.
   (e)  Notwithstanding  the provisions of section three of this act, any
 individual may, provided that the assault weapon or .50 BMG rifle, unse-
 rialized firearm, or firearm precursor part is transported in compliance
 with the Penal Law, do any of the following:
   (1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle,
 unserialized firearm, or firearm precursor part to a police or sheriff's
 department.
   (2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unse-
 rialized firearm, or firearm precursor part to an  authorized  represen-
 tative  of  a  city, city and county, county, or state government, or of
 the federal government, provided that the entity is acquiring the weapon
 as part of an authorized, voluntary  program  in  which  the  entity  is
 buying or receiving weapons from private individuals.
   (3) Transfer, relinquish, or dispose of a firearm or precursor part in
 compliance with the requirements of the Penal Law.
   §  5.  (a) Notwithstanding any other law, the requirements of this act
 shall  be  enforced  exclusively  through  the  private  civil   actions
 described  in section six of this act. No enforcement of this act may be
 taken or threatened by this state, a political subdivision,  a  district
 or county or city attorney, or an executive or administrative officer or
 employee  of  this  state or a political subdivision against any person,
 except as provided in section six of this act.
   (b) The fact that conduct violates this act shall not be an  independ-
 ent basis for enforcement of any other law of this state, or the denial,
 revocation,  suspension,  or  withholding  of  any  right  or  privilege
 conferred by the law of this state or  a  political  subdivision,  or  a
 threat  to  do  the  same,  by  this  state,  a political subdivision, a
 district or county or city attorney, or an executive  or  administrative
 officer  or  employee  of  this  state  or a political subdivision, or a
 board, commission, or similar body assigned authority  to  do  so  under
 law,  against any person, except as provided in section six of this act.
 Nor shall any civil action predicated upon a violation of  this  act  be
 brought  by this state, a political subdivision, a district or county or
 city attorney, or an executive or administrative officer or employee  of
 this  state  or  a  political  subdivision.  For avoidance of doubt, the
 rights and privileges described by this subdivision include, but are not
 limited to, any business licenses and permits  issued  pursuant  to  New
 York State law or any firearms, ammunition, or precursor parts dealer or
 vendor licenses issued pursuant to the Penal Law. This subdivision shall
 not  be construed to prevent or limit enforcement of any other law regu-
 lating conduct that also violates this act.
   (c) Subdivisions (a) and (b) of this section shall not be construed to
 do any of the following:
   (1) Legalize the conduct prohibited by the Penal Law.
 A. 10545                            8
 
   (2) Waive any requirements prescribed by the Penal Law.
   (3)  Limit  or  affect  the  availability  of  a remedy established by
 section six of this act.
   (4) Limit the enforceability  of  any  other  laws  that  regulate  or
 prohibit  any  conduct  relating  to assault weapons, .50 BMG rifles, or
 firearm precursor parts.
   § 6. (a) Any person, other than an officer or employee of a  state  or
 local  governmental  entity  in  this  state,  may  bring a civil action
 against any person who does any of the following:
   (1) Knowingly violates section three of this act.
   (2) Knowingly engages in conduct that aids or  abets  a  violation  of
 section  three  of  this  act,  regardless of whether the person knew or
 should have known that the person aided or abetted  would  be  violating
 section three of this act.
   (3)  Knowingly commits an act with the intent to engage in the conduct
 described by paragraph (1) or (2) of this subdivision.
   (b) If a claimant prevails in an action brought  under  this  section,
 the court shall award all of the following:
   (1) Injunctive relief sufficient to prevent the defendant from violat-
 ing  this  act  or  engaging in acts that aid or abet violations of this
 act.
   (2) (A) (i) Statutory damages in an amount of not less than ten  thou-
 sand  dollars  ($10,000) for each weapon or firearm precursor part as to
 which the defendant violated section three of this  act,  and  for  each
 weapon  or  firearm  precursor  part  as to which the defendant aided or
 abetted a violation of section three of this act.
   (ii) This subparagraph shall remain in effect unless found by a  court
 to  be  invalid  or unconstitutional, in which case this subparagraph is
 repealed and subparagraph (B) of  this  paragraph  shall  become  opera-
 tional.
   (B) (i) Statutory damages in an appropriate amount to be determined by
 the  court for each violation of this act. In making that determination,
 the court shall consider factors that include, but are not  limited  to,
 the  number  of  firearms or precursor parts involved in the defendant's
 violation of this act, the duration of the prohibited  conduct,  whether
 the  defendant  has  previously  violated this act or any other federal,
 state, or local law concerning the regulation of firearms, and any other
 factors tending to increase the risk to the public, such as proximity of
 the violations to sensitive places.
   (ii) This subparagraph shall become effective only if  a  court  finds
 subparagraph (A) of this paragraph to be invalid or unconstitutional.
   (3) Attorney's fees and costs.
   (c) Notwithstanding subdivision (b) of this section, a court shall not
 award  relief  under this section in response to a violation of subdivi-
 sion (a) of this section if the defendant demonstrates that the  defend-
 ant previously paid the full amount of any monetary award under subdivi-
 sion  (b)  of  this  section  in  a  previous action for each firearm or
 firearm precursor part as to which the defendant violated, or  aided  or
 abetted a violation of, section three of this act.
   (d)  Notwithstanding  any  other  law,  a  cause  of action under this
 section shall be extinguished unless the action  is  brought  not  later
 than four years after the cause of action accrues.
   (e) An act or omission in violation of section three of this act shall
 be  deemed  an injury in fact to all residents of, and visitors to, this
 state, and any such person shall have standing to bring a  civil  action
 pursuant to this section.
 A. 10545                            9
 
   (f)  Notwithstanding any other law, none of the following is a defense
 to an action brought under this section:
   (1) A defendant's ignorance or mistake of law.
   (2)  A defendant's belief that the requirements of this act are uncon-
 stitutional or were unconstitutional.
   (3) A defendant's reliance on any court decision that has  been  over-
 ruled  on  appeal  or by a subsequent court, even if that court decision
 had not been overruled  when  the  defendant  engaged  in  conduct  that
 violates this act.
   (4) A defendant's reliance on any state or federal court decision that
 is not binding on the court in which the action has been brought.
   (5) Non-mutual issue preclusion or non-mutual claim preclusion.
   (6)  Any  claim  that the enforcement of this act or the imposition of
 civil liability against the  defendant  will  violate  a  constitutional
 right of a third party.
   (7)  A  defendant's assertion that this act proscribes conduct that is
 separately prohibited by the Penal Law or any other law of  this  state,
 or that this act proscribes conduct beyond that which is already prohib-
 ited by the Penal Law or any other law of this state.
   (8)  Any  claim  that  the  assault  weapon, .50 BMG rifle, or firearm
 precursor part at issue was not misused,  or  was  not  intended  to  be
 misused, in a criminal or unlawful manner.
   (g)  (1)  Both  of the following are affirmative defenses to an action
 brought under this section:
   (A) A person sued under paragraph  (2)  of  subdivision  (a)  of  this
 section  reasonably  believed,  after  conducting  a reasonable investi-
 gation, that the person aided or abetted was complying with this act.
   (B) A person sued under paragraph  (3)  of  subdivision  (a)  of  this
 section  reasonably  believed,  after  conducting  a reasonable investi-
 gation, that the person was complying with this act  or  was  aiding  or
 abetting another who was complying with this act.
   (2)  The  defendant  has  the burden of proving an affirmative defense
 under this subdivision by a preponderance of the evidence.
   (h) This section shall not be construed to  impose  liability  on  any
 speech  or conduct protected by the First Amendment to the United States
 Constitution, as made applicable to the states  through  the  Fourteenth
 Amendment  to  the  United States Constitution, or by the New York State
 Constitution.
   (i) Notwithstanding any other law, this state, a state official, or  a
 district,  county,  or  city  attorney  shall not intervene in an action
 brought under this section.  However, this subdivision does not prohibit
 a person described by this subdivision  from  filing  an  amicus  curiae
 brief in the action.
   (j)  Notwithstanding any other law, a court shall not award attorney's
 fees or costs to a defendant in an action brought under this section.
   (k) An action pursuant to this section shall not be brought against  a
 federal  government,  state,  political subdivision, or an employee of a
 federal government, state, or political subdivision on the basis of acts
 or omissions in the course of discharge of official duties.
   § 7. (a) A defendant against whom an action is brought  under  section
 six  of  this  act does not have standing to assert the right of another
 individual to keep and bear arms  under  the  Second  Amendment  to  the
 United  States Constitution as a defense to liability under that section
 unless either of the following is true:
   (1) The United States Supreme Court holds  that  the  courts  of  this
 state  must  confer standing on that defendant to assert the third-party
 A. 10545                           10
 
 rights of other individuals in  state  court  as  a  matter  of  federal
 constitutional law.
   (2)  The defendant has standing to assert the rights of other individ-
 uals under the tests for third-party standing established by the  United
 States Supreme Court.
   (b) A defendant in an action brought under section six of this act may
 assert an affirmative defense to liability under this section if both of
 the following are true:
   (1)  The  defendant has standing to assert the third-party right of an
 individual to keep and bear arms in accordance with subdivision  (a)  of
 this section.
   (2)  The defendant demonstrates that the relief sought by the claimant
 will violate a third-party's rights under the Second  Amendment  to  the
 United  States Constitution right as defined by clearly established case
 law of the United States Supreme Court.
   (c) Nothing in this section shall in  any  way  limit  or  preclude  a
 defendant  from asserting the defendant's personal constitutional rights
 as a defense to liability under section six of this  act,  and  a  court
 shall  not award relief under section six of this act if the conduct for
 which the defendant has been sued was an exercise of a state or  federal
 constitutional right that personally belongs to the defendant.
   § 8. This act shall not be construed to do any of the following:
   (a)  Authorize  the  initiation  of  a  cause of action under this act
 against a person purchasing, obtaining, or  attempting  to  purchase  or
 obtain  an  assault  weapon,  .50  BMG  rifle,  unserialized firearm, or
 firearm precursor part from a person acting in violation of this act.
   (b) Wholly or partly repeal, either expressly or by  implication,  any
 other  statute  that  regulates  or  prohibits  any  conduct relating to
 assault weapons, .50  BMG  rifles,  unserialized  firearms,  or  firearm
 precursor parts, including the Penal Law.
   (c)  Restrict  a  political subdivision from regulating or prohibiting
 conduct relating  to  assault  weapons,  .50  BMG  rifles,  unserialized
 firearms,  or  firearm  precursor  parts in a manner that is at least as
 stringent as the laws of this state.
   § 9. (a) Notwithstanding any other law, a civil action  brought  under
 section six of this act shall be brought in any of the following:
   (1)  The  county  in  which all or a substantial part of the events or
 omissions giving rise to the claim occurred.
   (2) The county of residence for any one of the natural person  defend-
 ants at the time the cause of action occurred.
   (3) The county of the principal office in this state of any one of the
 defendants that is not a natural person.
   (4)  The  county  of  residence  for the claimant if the claimant is a
 natural person residing in this state.
   (b) Notwithstanding any other law, if a civil action is brought  under
 section  six  of  this act in one of the venues described by subdivision
 (a) of this section, the action shall not be transferred to a  different
 venue without the written consent of all parties.
   §  10.  (a)  Notwithstanding  any  other law, this state has sovereign
 immunity, a political subdivision has governmental  immunity,  and  each
 officer  and employee of this state or a political subdivision has offi-
 cial immunity in any action, claim, or counterclaim or any type of legal
 or equitable action that challenges the validity  of  any  provision  or
 application of this act, on constitutional grounds or otherwise.
 A. 10545                           11
 
   (b)  A provision of state law shall not be construed to waive or abro-
 gate an immunity described by subdivision (a) of this section unless  it
 expressly waives immunity under this section.
   §  11.  (a)  It is the intent of the Legislature that every provision,
 section, subdivision, sentence, clause, phrase, and word  in  this  act,
 and  every application of the provisions in this act, are severable from
 each other.
   (b) If any application of any provision in this  act  to  any  person,
 group  of persons, or circumstances is found by a court to be invalid or
 unconstitutional, the remaining applications of that  provision  to  all
 other  persons  and  circumstances  shall  be  severed  and shall not be
 affected.  All constitutionally valid applications of this act shall  be
 severed  from any applications that a court finds to be invalid, leaving
 the valid applications in force, because it is the Legislature's  intent
 and priority that the valid applications be allowed to stand alone. Even
 if  a  reviewing court finds a provision of this act to impose an uncon-
 stitutional burden in a large or substantial fraction of relevant cases,
 the applications that do not present an unconstitutional burden shall be
 severed from the remaining applications and shall remain in  force,  and
 shall  be treated as if the Legislature had enacted a statute limited to
 the persons, group of persons, or circumstances for which the  statute's
 application  does  not  present an unconstitutional burden. If any court
 declares or finds a provision of  this  act  facially  unconstitutional,
 when  discrete  applications of that provision can be enforced against a
 person, group of persons, or circumstances without violating the  United
 States  Constitution and the New York State Constitution, those applica-
 tions shall be severed from all remaining applications of the provision,
 and the provision shall be interpreted as if the Legislature had enacted
 a provision limited to the persons, group of persons,  or  circumstances
 for which the provision's application will not violate the United States
 Constitution and the New York State Constitution.
   (c)  The  Legislature further declares that it would have enacted this
 act, and each provision, section, subdivision, sentence, clause, phrase,
 and word, and all constitutional applications of this act,  irrespective
 of  the fact that any provision, section, subdivision, sentence, clause,
 phrase, or word, or application of this act, were to be declared  uncon-
 stitutional or to represent an unconstitutional burden.
   (d) If any provision of this act is found by any court to be unconsti-
 tutionally  vague,  then  the applications of that provision that do not
 present constitutional vagueness problems shall be severed and remain in
 force.
   (e) A court shall not decline to enforce the severability requirements
 of this section on the ground that severance would rewrite  the  statute
 or  involve the court in legislative or lawmaking activity. A court that
 declines to enforce or enjoins a state official from enforcing a  statu-
 tory  provision  of  this act does not rewrite a statute, as the statute
 continues to contain the same words as before the court's decision. Each
 of the following is true about a judicial injunction or  declaration  of
 unconstitutionality of a provision of this act:
   (1)  It is nothing more than an edict prohibiting enforcement that may
 subsequently be vacated by a later court if that court has  a  different
 understanding  of the requirements of the New York State Constitution or
 the United States Constitution.
   (2) It is not a formal amendment of the language in a statute.
 A. 10545                           12
 
   (3) It no more rewrites a statute than a decision by the executive not
 to enforce a duly-enacted statute  in  a  limited  and  defined  set  of
 circumstances.
   §  12. This act shall become inoperative upon invalidation of Subchap-
 ter H (commencing with Section 171.201) of  Chapter  171  of  the  Texas
 Health and Safety Code in its entirety by a final decision of the United
 States  Supreme Court or Texas Supreme Court, and is repealed on January
 1 of the following year.
   § 13. The civil practice law and rules is  amended  by  adding  a  new
 section 1503 to read as follows:
   §  1503.  FIREARM RESTRICTION CHALLENGE LIABILITY. (A) NOTWITHSTANDING
 ANY OTHER LAW, ANY PERSON, INCLUDING AN ENTITY, ATTORNEY, OR  LAW  FIRM,
 WHO  SEEKS  DECLARATORY  OR  INJUNCTIVE  RELIEF TO PREVENT THIS STATE, A
 POLITICAL SUBDIVISION, A GOVERNMENTAL ENTITY OR PUBLIC OFFICIAL IN  THIS
 STATE,  OR A PERSON IN THIS STATE FROM ENFORCING ANY STATUTE, ORDINANCE,
 RULE, REGULATION, OR ANY OTHER TYPE OF LAW THAT REGULATES  OR  RESTRICTS
 FIREARMS, IN ANY STATE OR FEDERAL COURT, OR THAT REPRESENTS ANY LITIGANT
 SEEKING  THAT  RELIEF  IN  ANY  STATE  OR  FEDERAL COURT, IS JOINTLY AND
 SEVERALLY LIABLE TO PAY THE ATTORNEY'S FEES AND COSTS OF THE  PREVAILING
 PARTY.
   (B)  FOR  PURPOSES OF THIS SECTION, A PARTY IS CONSIDERED A PREVAILING
 PARTY IF A STATE OR FEDERAL COURT DOES EITHER OF THE FOLLOWING:
   (1) DISMISSES ANY CLAIM OR CAUSE OF ACTION BROUGHT BY THE PARTY  SEEK-
 ING THE DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A) OF
 THIS SECTION, REGARDLESS OF THE REASON FOR THE DISMISSAL; OR
   (2)  ENTERS  JUDGMENT  IN  THE  PARTY'S FAVOR ON ANY CLAIM OR CAUSE OF
 ACTION.
   (C) REGARDLESS OF WHETHER A PREVAILING PARTY SOUGHT TO RECOVER  ATTOR-
 NEY'S  FEES  OR COSTS IN THE UNDERLYING ACTION, A PREVAILING PARTY UNDER
 THIS SECTION MAY BRING A CIVIL ACTION TO  RECOVER  ATTORNEY'S  FEES  AND
 COSTS AGAINST A PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, THAT
 SOUGHT  DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A) OF
 THIS SECTION NOT LATER THAN THE THIRD ANNIVERSARY OF THE DATE ON  WHICH,
 AS APPLICABLE:
   (1)  THE  DISMISSAL  OR  JUDGMENT DESCRIBED BY SUBDIVISION (B) OF THIS
 SECTION BECOMES FINAL UPON THE CONCLUSION OF APPELLATE REVIEW; OR
   (2) THE TIME FOR SEEKING APPELLATE REVIEW EXPIRES.
   (D) NONE OF THE FOLLOWING ARE A DEFENSE TO  AN  ACTION  BROUGHT  UNDER
 SUBDIVISION (C) OF THIS SECTION:
   (1)  A  PREVAILING PARTY UNDER THIS SECTION FAILED TO SEEK RECOVERY OF
 ATTORNEY'S FEES OR COSTS IN THE UNDERLYING ACTION;
   (2) THE COURT IN  THE  UNDERLYING  ACTION  DECLINED  TO  RECOGNIZE  OR
 ENFORCE THE REQUIREMENTS OF THIS SECTION; AND/OR
   (3) THE COURT IN THE UNDERLYING ACTION HELD THAT ANY PROVISION OF THIS
 SECTION  IS  INVALID,  UNCONSTITUTIONAL,  OR  PREEMPTED  BY FEDERAL LAW,
 NOTWITHSTANDING THE DOCTRINES OF ISSUE OR CLAIM PRECLUSION.
   (E) ANY PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, WHO  SEEKS
 DECLARATORY OR INJUNCTIVE RELIEF AS DESCRIBED IN SUBDIVISION (A) OF THIS
 SECTION,  SHALL  NOT  BE DEEMED A PREVAILING PARTY UNDER THIS SECTION OR
 ANY OTHER PROVISION OF THIS CHAPTER.
   § 14. (a) A statute that regulates or prohibits firearms shall not  be
 construed  to  repeal  any  other  statute  that  regulates or prohibits
 firearms, either wholly or  partly,  unless  the  later-enacted  statute
 explicitly states that it is repealing the other statute.
   (b)  A statute shall not be construed to restrict a political subdivi-
 sion from regulating or prohibiting firearms in  a  manner  that  is  at
 A. 10545                           13
 
 least as stringent as the laws of this state, unless the statute explic-
 itly  states  that political subdivisions are prohibited from regulating
 or prohibiting firearms in the manner described by the statute.
   (c) Every statute that regulates or prohibits firearms is severable in
 each  of its applications to every person and circumstance. If any stat-
 ute that regulates or prohibits firearms is found by  any  court  to  be
 unconstitutional,  either  on  its face or as applied, then all applica-
 tions of that statute that do not violate the United States Constitution
 and New York State Constitution shall be severed  from  the  unconstitu-
 tional  applications  and  shall remain enforceable, notwithstanding any
 other law, and  the  statute  shall  be  interpreted  as  if  containing
 language  limiting  the  statute's  application to the persons, group of
 persons, or circumstances for which the statute's application  will  not
 violate the United States Constitution and New York State Constitution.
   § 15. This act shall take effect immediately.