senate Bill S8163

2021-2022 Legislative Session

Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2022 referred to judiciary

Co-Sponsors

S8163 (ACTIVE) - Details

See Assembly Version of this Bill:
A10561
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 13-C §§1360 - 1364, CPLR

S8163 (ACTIVE) - Summary

Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state; aiding and abetting such manufacture, sale or distribution; or intending to aid and abet in such manufacture, sale or distribution; provides for a civil remedy of ten thousand dollars per violation.

S8163 (ACTIVE) - Sponsor Memo

S8163 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8163
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT to amend the civil practice law and rules, in relation to creat-
   ing a civil cause of action for the manufacture, sale, or distribution
   of assault weapons or ghost guns within the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 13-C to read as follows:
                               ARTICLE 13-C
                      CIVIL REMEDIES; GUN SAFETY LAWS
 SECTION 1360. DEFINITION.
         1361. ACTION TO RECOVER DAMAGES.
         1362. PROHIBITED DEFENSES.
         1363. AFFIRMATIVE DEFENSES.
         1364. CONSTRUCTION.
   §  1360.  DEFINITION.  FOR  THE  PURPOSES OF THIS ARTICLE: 1. "ASSAULT
 WEAPON" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN  SUBDIVI-
 SION TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   2.  "GHOST GUN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
 SUBDIVISION THIRTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   § 1361. ACTION TO RECOVER DAMAGES. 1. ANY PERSON, OTHER THAN AN  OFFI-
 CER  OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY IN THIS STATE MAY
 BRING A CIVIL CAUSE OF ACTION AGAINST ANY PERSON OR ENTITY WHO:
   (A) MANUFACTURES, DISTRIBUTES, OR SELLS ASSAULT WEAPONS OR GHOST GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE;
   (B) AIDS AND ABETS AN INDIVIDUAL OR ENTITY IN MANUFACTURING,  DISTRIB-
 UTING,  OR  SELLING ASSAULT WEAPONS OR GHOST GUNS, OR PARTS FOR ANY SUCH
 WEAPONS OR GHOST GUNS WITHIN THE STATE; OR
   (C) INTENDS TO MANUFACTURE, DISTRIBUTE, OR  SELL  ASSAULT  WEAPONS  OR
 GHOST  GUNS  WITHIN THE STATE OR AID AND ABET AN INDIVIDUAL OR ENTITY IN
 MANUFACTURING, DISTRIBUTING, OR SELLING ASSAULT WEAPONS OR  GHOST  GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14024-01-1

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