assembly Bill A6762B

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via S7196 - Passed Senate & Assembly


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2021 returned to senate
passed assembly
ordered to third reading rules cal.591
substituted for a6762b
Jun 08, 2021 substituted by s7196
rules report cal.591
reported
Jun 07, 2021 reported referred to rules
Jun 05, 2021 print number 6762b
Jun 05, 2021 amend and recommit to codes
reference changed to codes
Apr 15, 2021 print number 6762a
Apr 15, 2021 amend and recommit to economic development
Mar 29, 2021 referred to economic development

Co-Sponsors

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A6762 - Details

See Senate Version of this Bill:
S7196
Law Section:
General Business Law
Laws Affected:
Add Art 39-DDDD §§898-a - 898-e, Gen Bus L

A6762 - Summary

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

A6762 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6762
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,
   SILLITTI, TAYLOR -- read once and referred to the Committee on Econom-
   ic Development
 
 AN ACT to amend the general business law, in relation to the dangers  to
   safety  and  health  and  creation  of a public nuisance caused by the
   sale, manufacturing, distribution, 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
 underserved  black  and brown neighborhoods in our cities and throughout
 the state despite stringent state and local  laws  against  the  illegal
 possession of firearms while, according to the Bureau of Alcohol, Tobac-
 co,  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  illegal  firearm  violence
 causes  certain New Yorkers, those responsible for the illegal or unrea-
 sonable sale,  manufacture,  distribution,  importing  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

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A6762A - Details

See Senate Version of this Bill:
S7196
Law Section:
General Business Law
Laws Affected:
Add Art 39-DDDD §§898-a - 898-e, Gen Bus L

A6762A - Summary

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

A6762A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6762--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,
   SILLITTI, TAYLOR, L. ROSENTHAL  --  read  once  and  referred  to  the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the general business law, in relation to the dangers to
   safety and health and creation of a  public  nuisance  caused  by  the
   sale, manufacturing, distribution, 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 contribute to the public health crisis of gun
 violence in this state as declared by the legislature in  the  2021-2022
 legislative  session.  This  nuisance poses specific harm to New Yorkers
 based largely on their zip code and  certain  immutable  characteristics
 such as race and ethnicity.  Illegal firearm violence has disproportion-
 ately  affected  underserved black and brown neighborhoods in our cities
 and throughout 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 illegal
 firearm violence causes certain New Yorkers, those responsible  for  the
 illegal  or  unreasonable  sale, manufacture, distribution, importing or
 marketing of firearms may be held liable for the public nuisance  caused
 by  such  activities.    Additionally,  many New Yorkers, including many
 children, are gravely injured  or  killed  unintentionally  due  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06691-03-1

Co-Sponsors

view additional co-sponsors

A6762B (ACTIVE) - Details

See Senate Version of this Bill:
S7196
Law Section:
General Business Law
Laws Affected:
Add Art 39-DDDD §§898-a - 898-e, Gen Bus L

A6762B (ACTIVE) - Summary

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

A6762B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6762--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,
   SILLITTI, TAYLOR,  L. ROSENTHAL,  CARROLL,  JACOBSON,  STECK,  THIELE,
   PERRY,  DARLING,  EPSTEIN, OTIS, SIMON, DAVILA, MEEKS, BARRON, HEVESI,
   PAULIN,  LAVINE,  J. RIVERA,  COLTON,  DICKENS,  DILAN,   JEAN-PIERRE,
   PICHARDO,  CRUZ,  GRIFFIN, GOTTFRIED, SOLAGES, ABINANTI, GALEF, GONZA-
   LEZ-ROJAS, KELLES -- read  once  and  referred  to  the  Committee  on
   Economic  Development  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  reference
   changed  to  the  Committee  on  Codes  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the general business law, in relation to the dangers to
   safety and health and creation of a  public  nuisance  caused  by  the
   sale, manufacturing, distribution, 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 contribute to the public health crisis of gun
 violence in this state as declared by the legislature in  the  2021-2022
 legislative  session.  This  nuisance poses specific harm to New Yorkers
 based largely on their zip code and  certain  immutable  characteristics
 such as race and ethnicity.  Illegal firearm violence has disproportion-
 ately  affected  underserved black and brown neighborhoods in our cities
 and throughout 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 illegal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.