BILL NUMBER: S733

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
advertisement of firearms as combat weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the advertisement of firearms as combat weapons.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the General Business Law by adding a new section 396 to
prohibit the advertisement of firearms to the general public for the
purpose of suggesting offensive assault and/or the illegal killing of
human beings.

Section 2 sets forth the effective date.

              

 
JUSTIFICATION:

In the context of gun violence, the marketing of firearms contributes to
the glorification of violence by advertising militaristic or combative
characteristics of weapons.

In the case of the Sandy Hook Elementary mass shooting where 20 children
and 7 adults were killed, the victims' families assert the marketing of
the specific rifle was done in an unethical and inappropriate manner,
which incited violence by extolling militaristic and assaultive charac-
teristics of the firearm. It is argued that the marketing of the weapon
for "offensive assault missions" perpetuated a means for extreme
violence. The marketing of the firearm as a combat weapon may have
directly contributed to the misuse of the weapon as a means of perpe-
trating a mass shooting.

In 2017, a study by Corey H. Basch of the New Jersey Department of
Health cited that exposure to regularly violent content translates to
aggressive behavior. During short term exposure to such violence, a
certain cognitive "priming" occurs that creates an instinctive response
to mimic observed violent behavior.

Through an act that establishes guidelines on how firearms may be
marketed for legal use, we can assist in engaging in the fight against
gun violence and the misuse of firearms. Marketing firearms as militar-
istic combat weapons, rather than for sporting, self-defense, and hunt-
ing, may directly influence the illegal misuse of said weapons. As
lawmakers, we must ensure the safety and wellbeing of New Yorkers by
prohibiting incendiary advertisements of weapons as deadly combat weap-
ons.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8297 Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.