NY State Senate Bill 2021-S1048A

Senate Bill S1048A

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

Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Jan 05, 2022	referred to consumer protection returned to senate died in assembly
Jun 02, 2021	referred to economic development delivered to assembly passed senate
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1076
Apr 13, 2021	print number 1048a
Apr 13, 2021	amend and recommit to consumer protection
Jan 06, 2021	referred to consumer protection

Votes

- Jun 2, 2021 - Floor Vote
  S1048A
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 18, 2021 - Consumer Protection Committee Vote
  S1048A
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 18, 2021
      
      aye (5)
      
      Gounardes
      
      Kavanagh
      
      Myrie
      
      Reichlin-Melnick
      
      Thomas
      
      nay (2)
      
      Mattera
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S1048 - Details

Current Committee:: Senate Consumer Protection
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

2021-S1048 - 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.

2021-S1048 - Sponsor Memo

                                
 
BILL NUMBER: S1048

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 caused by the sale,
manufacturing, distribution, 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 (2d Cir. 2008).

 
SUMMARY OF PROVISIONS:

This bill amends the General Business Law by adding new 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," "false advertising" and "gun industry
member" (§ 898a 
1, 2, 3). Section 2 provides further that no gun indus-
try member, as that term is defined in the bill, shall create or main-
tain a condition that endangers safety or health through the sale, manu-
facturing, importing, or marketing a "qualified product" as defined in
15 U.S.C. section 7903(4). Section 2 also declares that a violation of
the new article that results in harm to the public is a public nuisance
(§ 898-c 
1, 2, 3) and establishes the conditions and factors that a
court shall consider in determining whether a nuisance exists (§
898-c 
4). 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(§ 898-d) and
also provides for a private right of action by any person, firm, corpo-
ration, or association that has been damaged as a result of a gun indus-
try member's acts or omissions (§ 898-e).
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 legal firearms.  This
unacceptable situation poses specific harm to New Yorkers based largely
on their zip code and certain immutable characteristics such as race and
ethnicity. Given the ease with which legal firearms flow into the ille-
gal 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 (2d Cir 2008).
Through the PLCAA, the firearms industry is shielded from civil liabil-
ity except when the basis for that liability 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.

2021-S1048 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1048
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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.
         898-C. PUBLIC NUISANCE.

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

                                                            LBD06691-01-1

 S. 1048                             2
 
         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 ACTS OR  PRACTICES"  SHALL  HAVE  THE  SAME  MEANING  AS
 DEFINED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   2. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   3.  "GUN  INDUSTRY  MEMBER"  SHALL MEAN A PERSON, FIRM, CORPORATION OR
 ASSOCIATION ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION,  IMPORTING
 OR MARKETING OF FIREARMS.
   4.  THE TERMS "KNOWINGLY" AND "RECKLESSLY" SHALL HAVE THE SAME MEANING
 AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   5. "QUALIFIED PRODUCT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  15
 U.S.C. SECTION 7903(4).
   §  898-B.  DANGERS  TO  SAFETY  AND HEALTH. NO GUN INDUSTRY MEMBER, BY
 CONDUCT EITHER UNLAWFUL IN ITSELF OR UNREASONABLE UNDER ALL THE  CIRCUM-
 STANCES  SHALL  KNOWINGLY  OR  RECKLESSLY CREATE OR MAINTAIN A CONDITION
 THAT ENDANGERS THE SAFETY OR HEALTH OF  THE  PUBLIC  THROUGH  THE  SALE,
 MANUFACTURING, IMPORTING OR MARKETING OF A QUALIFIED PRODUCT.
   §  898-C.  PUBLIC  NUISANCE.  1.  A VIOLATION OF SECTION EIGHT HUNDRED
 NINETY-EIGHT-B 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  A
 PROXIMATE  CAUSE  OF THE 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 FINDER OF FACT SHALL
 CONSIDER THE TOTALITY OF THE EVIDENCE, WHICH MAY  INCLUDE,  BUT  IS  NOT
 LIMITED TO:
   (A) THE DISTRIBUTION, IMPORTATION, MARKETING OR SALES METHODS UTILIZED
 BY  THE  GUN  INDUSTRY MEMBER AND THEIR FORESEEABLE EFFECTS ON CRIMES IN
 NEW YORK;
   (B) THE NUMBER OF QUALIFIED PRODUCTS THAT HAVE BEEN  DIVERTED  TO  THE
 ILLEGAL  MARKET  THROUGH THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASON-
 ABLE CONDUCT OF THE GUN INDUSTRY MEMBER;
   (C) THE NUMBER OF CRIMES THAT HAVE BEEN COMMITTED  IN  NEW  YORK  WITH
 QUALIFIED PRODUCTS SOLD, MANUFACTURED, DISTRIBUTED, IMPORTED OR MARKETED
 BY  THE  GUN  INDUSTRY  MEMBER  IN THE ALLEGED ILLEGAL, IRRESPONSIBLE OR
 UNREASONABLE MANNER;
   (D) THE TOTAL NUMBER OF  QUALIFIED  PRODUCTS  THAT  THE  GUN  INDUSTRY
 MEMBER  MANUFACTURED,  DISTRIBUTED OR SOLD IN THE UNITED STATES, THROUGH
 THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT,  WHICH  WERE
 RECOVERED IN, OR DESTINED FOR, NEW YORK;
   (E) WHETHER THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT
 OF  THE  GUN  INDUSTRY MEMBER CONSTITUTES DECEPTIVE ACTS OR PRACTICES IN
 THE CONDUCT OF ANY BUSINESS, TRADE OR COMMERCE OR IN THE  FURNISHING  OF
 ANY SERVICE;
   (F) WHETHER THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT
 OF  THE GUN INDUSTRY MEMBER CONSTITUTES FALSE ADVERTISING IN THE CONDUCT
 OF ANY BUSINESS, TRADE, OR COMMERCE OR IN THE FURNISHING OF ANY SERVICE;
 AND

 S. 1048                             3
 
   (G) ANY OTHER ILLEGAL, IRRESPONSIBLE OR UNREASONABLE 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.

co-Sponsors

View additional co-sponsors

2021-S1048A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
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

2021-S1048A (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.

2021-S1048A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1048A

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 caused by the sale,
manufacturing, distribution, 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 (2d Cir. 2008).

 
SUMMARY OF PROVISIONS:

This bill amends the General Business Law by adding new 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," "reasonable controls and procedures",
"false advertising", "gun industry member", the terms "knowingly" and
"recklessly", and "qualified product". (§§ 898a 1, 2, 3, 4, 5 and 6).

Section 2 provides further that no gun industry member, as that term is
defined in the bill, shall create or maintain a condition that endangers
safety or health of the public through the sale, manufacturing, import-
ing, or marketing a "qualified product" as defined in 15 U.S.C. section
7903(4). Section 2 also declares that a violation of the new article
that results in harm to the public is a public nuisance regardless of
whether the gun industry member acted for the purpose of causing harm to
the public, and regardless of any intervening actions, including but not
limited to criminal actions by third parties, as long as the harm to
public was a reasonably foreseeable effect of such acts or omission(§
898-c 1, 2, 3). Section 2 further provides for enforcement by the attor-
ney 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, on behalf of
the locality(§ 898-d) and also provides for a private right of action by
any person, firm, corporation, or association that has been dam aged as
a result of a gun industry member's acts or ,omissions (§ 898-e).

Section 3: Severability clause.

Section 4. 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 legal firearms.  This
unacceptable situation poses specific harm to New Yorkers based largely
on their zip code and certain immutable characteristics such as race and
ethnicity. Given the ease with which legal firearms flow into the ille-
gal 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 (2d Cir 2008).
Through the PLCAA, the firearms industry is shielded from civil liabil-
ity except when the basis for that liability 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:

S8926A of 2020

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1048A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1048--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, KENNEDY, BAILEY, BENJAMIN, BRISPORT, COMRIE,
   GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KAPLAN,  KRUEGER,  LIU,  MAYER,
   PARKER, RAMOS, RIVERA, STAVISKY -- read twice and ordered printed, and
   when  printed  to be committed to the Committee on Consumer Protection
   -- 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  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.

                                                            LBD06691-02-1

 S. 1048--A                          2
 
 firearm  industry's  failure to implement reasonable safety measures and
 the legislature finds that this failure also warrants liability.
   §  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. PROHIBITED ACTIVITIES.
         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  ACTS  OR  PRACTICES"  SHALL  HAVE  THE SAME MEANING AS
 DEFINED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   2.   "REASONABLE CONTROLS AND PROCEDURES"  SHALL  MEAN  POLICIES  THAT
 INCLUDE,  BUT  ARE  NOT LIMITED TO: (A) INSTITUTING SCREENING, SECURITY,
 INVENTORY AND OTHER BUSINESS PRACTICES TO PREVENT  THEFTS  OF  QUALIFIED
 PRODUCTS  AS  WELL  AS  SALES OF QUALIFIED PRODUCTS TO STRAW PURCHASERS,
 TRAFFICKERS, PERSONS PROHIBITED FROM POSSESSING FIREARMS UNDER STATE  OR
 FEDERAL  LAW,  OR  PERSONS AT RISK OF INJURING THEMSELVES OR OTHERS; AND
 (B) PREVENTING DECEPTIVE ACTS AND PRACTICES AND  FALSE  ADVERTISING  AND
 OTHERWISE   ENSURING   COMPLIANCE   WITH   ALL   PROVISIONS  OF  ARTICLE
 TWENTY-TWO-A OF THIS CHAPTER.
   3. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   4. "GUN INDUSTRY MEMBER"  SHALL  MEAN  A  PERSON,  FIRM,  CORPORATION,
 COMPANY,  PARTNERSHIP,  SOCIETY, JOINT STOCK COMPANY OR ANY OTHER ENTITY
 OR ASSOCIATION ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORT-
 ING OR MARKETING OF  FIREARMS,  AMMUNITION,  AMMUNITION  MAGAZINES,  AND
 FIREARMS ACCESSORIES.
   5.  THE TERMS "KNOWINGLY" AND "RECKLESSLY" SHALL HAVE THE SAME MEANING
 AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   6. "QUALIFIED PRODUCT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  15
 U.S.C. SECTION 7903(4).
   §  898-B. PROHIBITED ACTIVITIES. 1. NO GUN INDUSTRY MEMBER, BY CONDUCT
 EITHER UNLAWFUL IN ITSELF OR UNREASONABLE UNDER  ALL  THE  CIRCUMSTANCES
 SHALL KNOWINGLY OR RECKLESSLY CREATE, MAINTAIN OR CONTRIBUTE TO A CONDI-
 TION IN NEW YORK STATE THAT ENDANGERS THE SAFETY OR HEALTH OF THE PUBLIC
 THROUGH  THE  SALE, MANUFACTURING, IMPORTING OR MARKETING OF A QUALIFIED
 PRODUCT.
   2. ALL GUN INDUSTRY MEMBERS WHO, EITHER DIRECTLY OR INDIRECTLY,  MANU-
 FACTURE,  MARKET,  IMPORT OR OFFER FOR SALE ANY QUALIFIED PRODUCT IN NEW
 YORK STATE SHALL ESTABLISH AND UTILIZE REASONABLE  CONTROLS  AND  PROCE-
 DURES  TO  PREVENT  ITS  QUALIFIED  PRODUCTS FROM BEING POSSESSED, USED,
 MARKETED OR SOLD UNLAWFULLY IN NEW YORK STATE.  ALL  SUCH  GUN  INDUSTRY
 MEMBERS  SHALL ALSO REQUIRE DOWNSTREAM DISTRIBUTORS AND RETAILERS OF ITS
 QUALIFIED PRODUCTS TO INSTITUTE REASONABLE CONTROLS AND  PROCEDURES  AND
 TAKE REASONABLE STEPS TO ENSURE THEIR IMPLEMENTATION.
   §  898-C. PUBLIC NUISANCE. 1. A VIOLATION OF SUBDIVISION ONE OR TWO OF
 SECTION EIGHT HUNDRED NINETY-EIGHT-B 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  A
 PROXIMATE  CAUSE  OF THE PUBLIC NUISANCE IF THE HARM TO THE PUBLIC WAS A

 S. 1048--A                          3
 
 REASONABLY FORESEEABLE EFFECT OF SUCH ACTS OR OMISSIONS, NOTWITHSTANDING
 ANY INTERVENING ACTIONS, INCLUDING BUT NOT LIMITED TO  CRIMINAL  ACTIONS
 BY THIRD PARTIES.
   §  898-D.  ENFORCEMENT.    WHENEVER THERE SHALL BE A VIOLATION OF THIS
 ARTICLE, THE ATTORNEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK, OR THE TOWN  ATTORNEY,  CITY  CORPORATION  COUNSEL,  OR  OTHER
 LAWFULLY  DESIGNATED  ENFORCEMENT  OFFICER  OF  A  MUNICIPALITY OR LOCAL
 GOVERNMENT, ON BEHALF OF THE LOCALITY, MAY BRING AN ACTION IN A COURT OF
 COMPETENT JURISDICTION TO ENJOIN AND RESTRAIN  SUCH  VIOLATIONS  AND  TO
 OBTAIN RESTITUTION AND DAMAGES.
   §  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.  Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately.

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Senate Bill S1048A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

2021-S1048 - Details

2021-S1048 - Summary

2021-S1048 - Sponsor Memo

2021-S1048 - Bill Text download pdf

co-Sponsors

2021-S1048A (ACTIVE) - Details

2021-S1048A (ACTIVE) - Summary

2021-S1048A (ACTIVE) - Sponsor Memo

2021-S1048A (ACTIVE) - Bill Text download pdf

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