S. 9227 2
5. "UNFINISHED FRAME OR RECEIVER" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 265.00 OF THE PENAL LAW.
§ 898-K. PROHIBITIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, NO PERSON WITHIN THE STATE SHALL 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 MACHINE-GUN,
ASSAULT WEAPON, DISGUISED GUN OR GHOST GUN, EXCEPT AS PROVIDED IN SUBDI-
VISIONS FOUR AND FIVE OF THIS SECTION AND IN SECTION EIGHT HUNDRED NINE-
TY-EIGHT-L OF THIS ARTICLE.
2. NO PERSON WITHIN THE STATE MAY MANUFACTURE OR CAUSE TO BE MANUFAC-
TURED, 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 UNFINISHED FRAME OR
RECEIVER. THIS SUBDIVISION SHALL NOT APPLY TO A MANUFACTURER OR IMPORTER
OF FIREARMS LICENSED PURSUANT TO CHAPTER 44 (COMMENCING WITH SECTION
921) OF PART I OF TITLE 18 OF THE UNITED STATES CODE, AND THE REGU-
LATIONS ISSUED PURSUANT THERETO, EXCEPT THAT THE MANUFACTURER OR IMPORT-
ER SHALL NOT PERFORM ANY OF THE ACTS PROHIBITED BY THIS SUBDIVISION WITH
RESPECT TO A KIT OF FIREARM PRECURSOR PARTS CONTAINING ALL PARTS NECES-
SARY TO CONSTRUCT A FUNCTIONING FIREARM.
3. THE PROHIBITIONS DESCRIBED IN SUBDIVISIONS ONE AND TWO OF THIS
SECTION APPLY WHETHER OR NOT THE MACHINE-GUN, ASSAULT WEAPON, DISGUISED
GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS MISUSED OR IS INTENDED
TO BE MISUSED IN A CRIMINAL OR UNLAWFUL MANNER.
4. SUBDIVISIONS ONE AND TWO OF THIS SECTION DO NOT APPLY TO THE SALE
OF A MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN OR UNFINISHED
FRAME OR RECEIVER TO, OR THE PURCHASE, TRANSPORT, IMPORTATION, SALE OR
OTHER TRANSFER, OR MANUFACTURE OF, A MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER 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 A MACHINE-GUN, ASSAULT
WEAPON, DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER,
INCLUDING, WITHOUT LIMITATION, ANY STATE OR LOCAL LAW ENFORCEMENT AGEN-
CY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE DEPART-
MENT OF CORRECTIONS OF ANY MUNICIPALITY, 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.
5. SUBDIVISIONS ONE AND TWO OF THIS SECTION DO NOT APPLY TO A PERSON
WHO IS THE EXECUTOR OR ADMINISTRATOR OF AN ESTATE THAT INCLUDES A
MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN OR UNFINISHED
FRAME OR RECEIVER, THAT IS DISPOSED OF AS AUTHORIZED BY THE PROBATE
COURT, IF THE DISPOSITION IS OTHERWISE PERMITTED PURSUANT TO THE
PROVISIONS OF SECTION 265.20 OF THE PENAL LAW.
§ 898-L. EXCEPTIONS. 1. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-
EIGHT-K OF THIS ARTICLE, ANY GUNSMITH OR DEALER IN FIREARMS LICENSED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW MAY TAKE POSSESSION OF ANY
MACHINE-GUN OR ASSAULT WEAPON FROM ANY PERSON TO WHOM IT IS LEGALLY
REGISTERED OR WHO HAS BEEN ISSUED A PERMIT TO POSSESS IT PURSUANT TO
ARTICLE FOUR HUNDRED OF THE PENAL LAW, OR OF ANY UNFINISHED FRAME OR
RECEIVER, FOR THE PURPOSES OF SERVICING OR REPAIR.
2. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTI-
CLE, ANY GUNSMITH OR DEALER IN FIREARMS LICENSED PURSUANT TO SECTION
S. 9227 3
400.00 OF THE PENAL LAW MAY TRANSFER POSSESSION OF ANY MACHINE-GUN,
ASSAULT WEAPON, OR UNFINISHED FRAME OR RECEIVER RECEIVED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, TO A GUNSMITH LICENSED PURSUANT TO
SECTION 400.00 OF THE PENAL LAW FOR PURPOSES OF REPAIRING OR SERVICING
SUCH MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR RECEIVER. A
TRANSFER IS PERMISSIBLE ONLY TO THE FOLLOWING PERSONS:
(A) A GUNSMITH EMPLOYED BY THE DEALER.
(B) A GUNSMITH WITH WHOM THE DEALER HAS CONTRACTED FOR GUNSMITHING
SERVICES.
3. PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION APPLIES ONLY IF
THE GUNSMITH RECEIVING THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED
FRAME OR RECEIVER PART MEETS BOTH OF THE FOLLOWING QUALIFICATIONS:
(A) 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.
(B) THE GUNSMITH HOLDS ANY BUSINESS LICENSE REQUIRED BY A STATE OR
LOCAL GOVERNMENTAL ENTITY.
4. IN ADDITION TO THE USES PERMITTED IN SECTION 265.20 OR ARTICLE FOUR
HUNDRED OF THE PENAL LAW, ANY GUNSMITH OR DEALER IN FIREARMS LICENSED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW WHO LAWFULLY POSSESSES A
MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR RECEIVER PART PURSU-
ANT TO THOSE PROVISIONS MAY DO EITHER OF THE FOLLOWING:
(A) TRANSPORT THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR
RECEIVER 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 EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE SHALL BE
IN COMPLIANCE WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF
THE PENAL LAW.
(B) SELL THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR
RECEIVER TO A RESIDENT OUTSIDE THE STATE.
5. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTI-
CLE, ANY INDIVIDUAL MAY, PROVIDED THAT THE MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS TRANSPORTED
IN COMPLIANCE WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF
THE PENAL LAW, DO ANY OF THE FOLLOWING:
(A) ARRANGE IN ADVANCE TO RELINQUISH A MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO A POLICE OR
SHERIFF'S DEPARTMENT.
(B) SELL, DELIVER, OR TRANSFER A MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO AN AUTHOR-
IZED REPRESENTATIVE OF A CITY, CITY AND COUNTY, COUNTY, OR STATE GOVERN-
MENT, OR OF THE FEDERAL GOVERNMENT, PROVIDED THAT THE ENTITY IS ACQUIR-
ING THE WEAPON AS PART OF AN AUTHORIZED, VOLUNTARY PROGRAM IN WHICH THE
ENTITY IS BUYING OR RECEIVING WEAPONS FROM PRIVATE INDIVIDUALS.
(C) TRANSFER, RELINQUISH, OR DISPOSE OF A MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IN COMPLIANCE
WITH THE REQUIREMENTS OF SECTION 370.25 OF THE CRIMINAL PROCEDURE LAW.
§ 898-M. ENFORCEMENT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE REQUIREMENTS OF THIS ARTICLE SHALL BE ENFORCED EXCLUSIVELY
THROUGH THE PRIVATE CIVIL ACTIONS DESCRIBED IN SECTION EIGHT HUNDRED
NINETY-EIGHT-N OF THIS ARTICLE. NO ENFORCEMENT OF THIS ARTICLE MAY BE
TAKEN OR THREATENED BY THE STATE, A POLITICAL SUBDIVISION, A DISTRICT,
COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION AGAINST ANY PERSON,
EXCEPT AS PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTI-
CLE.
S. 9227 4
2. THE FACT THAT CONDUCT VIOLATES THIS ARTICLE SHALL NOT BE AN INDE-
PENDENT 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 THE STATE, A POLITICAL SUBDIVISION, A DISTRICT
OR COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION, OR A BOARD, COMMIS-
SION, OR SIMILAR BODY ASSIGNED AUTHORITY TO DO SO UNDER LAW, AGAINST ANY
PERSON, EXCEPT AS PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-N OF
THIS ARTICLE. NOR SHALL ANY CIVIL ACTION PREDICATED UPON A VIOLATION OF
THIS ARTICLE BE BROUGHT BY THE STATE, A POLITICAL SUBDIVISION, A
DISTRICT, COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE
OFFICER OR EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION. FOR AVOID-
ANCE OF DOUBT, THE RIGHTS AND PRIVILEGES DESCRIBED BY THIS SUBDIVISION
INCLUDE, BUT ARE NOT LIMITED TO, ANY BUSINESS LICENSES AND PERMITS
ISSUED PURSUANT TO THIS CHAPTER OR ANY LICENSES ISSUED PURSUANT TO ARTI-
CLE FOUR HUNDRED OF THE PENAL LAW. THIS SUBDIVISION SHALL NOT BE
CONSTRUED TO PREVENT OR LIMIT ENFORCEMENT OF ANY OTHER LAW REGULATING
CONDUCT THAT ALSO VIOLATES THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO,
ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF THE PENAL LAW.
3. SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT BE CONSTRUED TO
DO ANY OF THE FOLLOWING:
(A) LEGALIZE THE CONDUCT PROHIBITED BY THIS CHAPTER OR BY THE PENAL
LAW.
(B) WAIVE ANY REQUIREMENTS PRESCRIBED IN ARTICLE FOUR HUNDRED OF THE
PENAL LAW.
(C) LIMIT OR AFFECT THE AVAILABILITY OF A REMEDY ESTABLISHED BY
SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE.
(D) LIMIT THE ENFORCEABILITY OF ANY OTHER LAWS THAT REGULATE OR
PROHIBIT ANY CONDUCT RELATING TO MACHINE-GUNS, ASSAULT WEAPONS,
DISGUISED GUNS, GHOST GUNS, OR UNFINISHED FRAMES OR RECEIVERS.
§ 898-N. PRIVATE CAUSE OF ACTION. 1. ANY PERSON, OTHER THAN AN OFFICER
OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL ENTITY IN THE STATE, SHALL
HAVE A PRIVATE CAUSE OF ACTION AGAINST ANY PERSON WHO DOES ANY OF THE
FOLLOWING:
(A) KNOWINGLY VIOLATES SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS
ARTICLE.
(B) KNOWINGLY ENGAGES IN CONDUCT THAT AIDS OR ABETS A VIOLATION OF
SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE, REGARDLESS OF
WHETHER THE PERSON KNEW OR SHOULD HAVE KNOWN THAT THE PERSON AIDED OR
ABETTED WOULD BE VIOLATING SUCH SECTION.
(C) KNOWINGLY COMMITS AN ACT WITH THE INTENT TO ENGAGE IN THE CONDUCT
DESCRIBED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
2. IF A CLAIMANT PREVAILS IN AN ACTION BROUGHT UNDER THIS SECTION, THE
COURT SHALL AWARD ALL OF THE FOLLOWING:
(A) INJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE DEFENDANT FROM VIOLAT-
ING THIS ARTICLE OR ENGAGING IN ACTS THAT AID OR ABET VIOLATIONS OF THIS
ARTICLE.
(B) STATUTORY DAMAGES IN AN AMOUNT OF NOT LESS THAN TEN THOUSAND
DOLLARS FOR EACH MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN,
OR UNFINISHED FRAME OR RECEIVER AS TO WHICH THE DEFENDANT VIOLATED
SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE, AND FOR EACH
MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN, OR UNFINISHED
FRAME OR RECEIVER AS TO WHICH THE DEFENDANT AIDED OR ABETTED A VIOLATION
OF SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
(C) ATTORNEY'S FEES AND COSTS.
S. 9227 5
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A COURT SHALL NOT
AWARD RELIEF UNDER THIS SECTION IN RESPONSE TO A VIOLATION OF THIS ARTI-
CLE IF THE DEFENDANT DEMONSTRATES THAT SUCH DEFENDANT PREVIOUSLY PAID
THE FULL AMOUNT OF ANY MONETARY AWARD UNDER SUBDIVISION TWO OF THIS
SECTION IN A PREVIOUS ACTION FOR EACH MACHINE-GUN, ASSAULT WEAPON,
DISGUISED GUN, GHOST GUN, OR UNFINISHED FRAME OR RECEIVER AS TO WHICH
THE DEFENDANT VIOLATED, OR AIDED OR ABETTED A VIOLATION OF, SECTION
EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CAUSE
OF ACTION UNDER THIS SECTION SHALL BE EXTINGUISHED UNLESS THE ACTION IS
BROUGHT NOT LATER THAN FOUR YEARS AFTER SUCH CAUSE OF ACTION ACCRUES.
5. AN ACT OR OMISSION IN VIOLATION OF SECTION EIGHT HUNDRED NINETY-
EIGHT-K OF THIS ARTICLE SHALL BE DEEMED AN INJURY IN FACT TO ALL RESI-
DENTS OF, AND VISITORS TO, THIS STATE, AND ANY SUCH PERSON SHALL HAVE
STANDING TO BRING A CIVIL ACTION PURSUANT TO THIS SECTION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FOLLOWING IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION:
(A) A DEFENDANT'S IGNORANCE OR MISTAKE OF LAW.
(B) A DEFENDANT'S BELIEF THAT THE REQUIREMENTS OF THIS ARTICLE ARE
UNCONSTITUTIONAL OR WERE UNCONSTITUTIONAL.
(C) 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 ARTICLE.
(D) 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.
(E) NONMUTUAL ISSUE PRECLUSION OR NONMUTUAL CLAIM PRECLUSION.
(F) ANY CLAIM THAT THE ENFORCEMENT OF THIS ARTICLE OR THE IMPOSITION
OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE A CONSTITUTIONAL
RIGHT OF A THIRD PARTY.
(G) A DEFENDANT'S ASSERTION THAT THIS ARTICLE PROSCRIBES CONDUCT THAT
IS SEPARATELY PROHIBITED BY THE PENAL LAW OR ANY OTHER LAW OF THIS
STATE, OR THAT THIS ARTICLE PROSCRIBES CONDUCT BEYOND THAT WHICH IS
ALREADY PROHIBITED BY THE PENAL LAW OR ANY OTHER LAW OF THIS STATE.
(H) ANY CLAIM THAT THE MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN,
GHOST GUN, OR UNFINISHED FRAME OR RECEIVER AT ISSUE WAS NOT MISUSED, OR
WAS NOT INTENDED TO BE MISUSED, IN A CRIMINAL OR UNLAWFUL MANNER.
7. (A) BOTH OF THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO AN ACTION
BROUGHT UNDER THIS SECTION:
(I) A PERSON SUED UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION REASONABLY BELIEVED, AFTER CONDUCTING A REASONABLE INVESTI-
GATION, THAT THE PERSON AIDED OR ABETTED WAS COMPLYING WITH THIS ARTI-
CLE.
(II) A PERSON SUED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION REASONABLY BELIEVED, AFTER CONDUCTING A REASONABLE INVESTI-
GATION, THAT THE PERSON WAS COMPLYING WITH THIS ARTICLE OR WAS AIDING OR
ABETTING ANOTHER WHO WAS COMPLYING WITH THIS ARTICLE.
(B) THE DEFENDANT HAS THE BURDEN OF PROVING AN AFFIRMATIVE DEFENSE
UNDER THIS SUBDIVISION BY A PREPONDERANCE OF THE EVIDENCE.
8. 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 SECTION 8 OF ARTICLE
I OF THE NEW YORK CONSTITUTION.
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE, A STATE OFFICIAL, OR A DISTRICT, COUNTY, OR CITY ATTORNEY SHALL
S. 9227 6
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.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
COURT SHALL NOT AWARD ATTORNEY'S FEES OR COSTS TO A DEFENDANT IN AN
ACTION BROUGHT UNDER THIS SECTION.
11. 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.
§ 898-O. DEFENSES. 1. A DEFENDANT AGAINST WHOM AN ACTION IS BROUGHT
UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE 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 SUCH SECTION UNLESS EITHER OF THE FOLLOWING
IS TRUE:
(A) THE UNITED STATES SUPREME COURT HOLDS THAT THE COURTS OF THIS
STATE MUST CONFER STANDING ON THAT DEFENDANT TO ASSERT THE THIRD-PARTY
RIGHTS OF OTHER INDIVIDUALS IN STATE COURT AS A MATTER OF FEDERAL
CONSTITUTIONAL LAW; OR
(B) 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.
2. A DEFENDANT IN AN ACTION BROUGHT UNDER SECTION EIGHT HUNDRED NINE-
TY-EIGHT-N OF THIS ARTICLE MAY ASSERT AN AFFIRMATIVE DEFENSE TO LIABIL-
ITY UNDER THIS SECTION IF BOTH OF THE FOLLOWING ARE TRUE:
(A) THE DEFENDANT HAS STANDING TO ASSERT THE THIRD-PARTY RIGHT OF AN
INDIVIDUAL TO KEEP AND BEAR ARMS IN ACCORDANCE WITH SUBDIVISION ONE OF
THIS SECTION; AND
(B) 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.
3. 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 EIGHT HUNDRED NINETY-EIGHT-N OF
THIS ARTICLE, AND A COURT SHALL NOT AWARD RELIEF UNDER SUCH SECTION 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.
§ 898-P. CONSTRUCTION. THIS ARTICLE SHALL NOT BE CONSTRUED TO DO ANY
OF THE FOLLOWING:
1. AUTHORIZE THE INITIATION OF A CAUSE OF ACTION UNDER THIS ARTICLE
AGAINST A PERSON PURCHASING, OBTAINING, OR ATTEMPTING TO PURCHASE OR
OBTAIN A MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN, OR
UNFINISHED FRAME OR RECEIVER FROM A PERSON ACTING IN VIOLATION OF THIS
ARTICLE.
2. WHOLLY OR PARTLY REPEAL, EITHER EXPRESSLY OR BY IMPLICATION, ANY
OTHER STATUTE THAT REGULATES OR PROHIBITS ANY CONDUCT RELATING TO
MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS, OR UNFINISHED
FRAMES OR RECEIVERS.
3. RESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR PROHIBITING
CONDUCT RELATING TO MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST
GUNS, OR UNFINISHED FRAMES OR RECEIVERS IN A MANNER THAT IS AT LEAST AS
STRINGENT AS THE LAWS OF THIS STATE.
S. 9227 7
§ 898-Q. VENUE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, A CIVIL ACTION BROUGHT UNDER SECTION EIGHT HUNDRED NINETY-
EIGHT-N OF THIS ARTICLE SHALL BE BROUGHT IN ANY OF THE FOLLOWING:
(A) THE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART OF THE EVENTS OR
OMISSIONS GIVING RISE TO THE CLAIM OCCURRED;
(B) THE COUNTY OF RESIDENCE FOR ANY ONE OF THE NATURAL PERSON DEFEND-
ANTS AT THE TIME THE CAUSE OF ACTION ACCRUED;
(C) THE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY ONE OF THE
DEFENDANTS THAT IS NOT A NATURAL PERSON; OR
(D) THE COUNTY OF RESIDENCE FOR THE CLAIMANT IF THE CLAIMANT IS A
NATURAL PERSON RESIDING IN THE STATE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF A
CIVIL ACTION IS BROUGHT UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF
THIS ARTICLE IN ONE OF THE VENUES DESCRIBED BY SUBDIVISION ONE OF THIS
SECTION, SUCH ACTION SHALL NOT BE TRANSFERRED TO A DIFFERENT VENUE WITH-
OUT THE WRITTEN CONSENT OF ALL PARTIES.
§ 898-R. SOVEREIGN IMMUNITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE STATE HAS SOVEREIGN IMMUNITY, A POLITICAL
SUBDIVISION HAS GOVERNMENTAL IMMUNITY, AND EACH OFFICER AND EMPLOYEE OF
THE STATE OR A POLITICAL SUBDIVISION HAS OFFICIAL 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
ARTICLE, ON CONSTITUTIONAL GROUNDS OR OTHERWISE.
2. A PROVISION OF STATE LAW SHALL NOT BE CONSTRUED TO WAIVE OR ABRO-
GATE AN IMMUNITY DESCRIBED BY SUBDIVISION ONE OF THIS SECTION UNLESS IT
EXPRESSLY WAIVES IMMUNITY UNDER THIS SECTION.
§ 898-S. SEVERABILITY. 1. IT IS THE INTENT OF THE LEGISLATURE THAT
EVERY PROVISION, SECTION, SUBDIVISION, SENTENCE, CLAUSE, PHRASE, AND
WORD IN THIS CHAPTER, AND EVERY APPLICATION OF THE PROVISIONS IN THIS
ARTICLE, ARE SEVERABLE FROM EACH OTHER.
2. IF ANY APPLICATION OF ANY PROVISION IN THIS ARTICLE 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 ARTICLE SHALL
BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE INVALID, LEAV-
ING 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 ARTICLE TO
IMPOSE AN UNCONSTITUTIONAL 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 STAT-
UTE 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 ARTICLE 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 STATE CONSTITUTION,
SUCH APPLICATIONS SHALL BE SEVERED FROM ALL REMAINING APPLICATIONS OF
THE PROVISION, AND THE PROVISION SHALL BE INTERPRETED AS IF THE LEGISLA-
TURE 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 STATE CONSTITUTION.
3. THE LEGISLATURE FURTHER DECLARES THAT IT WOULD HAVE ENACTED THIS
ARTICLE, AND EACH PROVISION, SECTION, SUBDIVISION, SENTENCE, CLAUSE,
S. 9227 8
PHRASE, AND WORD, AND ALL CONSTITUTIONAL APPLICATIONS OF THIS ARTICLE,
IRRESPECTIVE OF THE FACT THAT ANY PROVISION, SECTION, SUBDIVISION,
SENTENCE, CLAUSE, PHRASE, OR WORD, OR APPLICATION OF THIS ARTICLE, WERE
TO BE DECLARED UNCONSTITUTIONAL OR TO REPRESENT AN UNCONSTITUTIONAL
BURDEN.
4. IF ANY PROVISION OF THIS ARTICLE IS FOUND BY ANY COURT TO BE UNCON-
STITUTIONALLY VAGUE, THEN THE APPLICATIONS OF THAT PROVISION THAT DO NOT
PRESENT CONSTITUTIONAL VAGUENESS PROBLEMS SHALL BE SEVERED AND REMAIN IN
FORCE.
5. 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 ARTICLE DOES NOT REWRITE A STATUTE, AS THE STAT-
UTE 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 ARTICLE:
(A) 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 STATE CONSTITUTION OR THE
UNITED STATES CONSTITUTION.
(B) IT IS NOT A FORMAL AMENDMENT OF THE LANGUAGE IN A STATUTE.
(C) 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.
§ 2. Paragraph (b) of subdivision 2 of section 898-n of the general
business law, as added by section one of this act, is amended to read as
follows:
(b) Statutory damages in an APPROPRIATE amount [of not less than ten
thousand dollars for each machine-gun, assault weapon, disguised gun,
ghost gun, or unfinished frame or receiver as to which the defendant
violated section eight hundred ninety-eight-k of this article, and for
each machine-gun, assault weapon, disguised gun, ghost gun, or unfin-
ished frame or receiver as to which the defendant aided or abetted a
violation of section eight hundred ninety-eight-k of this article] TO BE
DETERMINED BY THE COURT FOR EACH VIOLATION OF THIS ARTICLE. IN MAKING
THAT DETERMINATION, THE COURT SHALL CONSIDER FACTORS THAT INCLUDE, BUT
ARE NOT LIMITED TO, THE NUMBER OF MACHINE-GUNS, ASSAULT WEAPONS,
DISGUISED GUNS, GHOST GUNS, OR UNFINISHED FRAMES OR RECEIVERS INVOLVED
IN THE DEFENDANT'S VIOLATION OF THIS ARTICLE, THE DURATION OF THE
PROHIBITED CONDUCT, WHETHER THE DEFENDANT HAS PREVIOUSLY VIOLATED THIS
ARTICLE OR ANY OTHER FEDERAL, STATE, OR LOCAL LAW CONCERNING THE REGU-
LATION OF FIREARMS, AND ANY OTHER FACTORS TENDING TO INCREASE THE RISK
TO THE PUBLIC, SUCH AS PROXIMITY OF THE VIOLATIONS TO SENSITIVE PLACES.
§ 3. The civil practice law and rules is amended by adding a new
section 8111 to read as follows:
§ 8111. COSTS IN CERTAIN ACTIONS RELATED TO FIREARMS. (A) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON, INCLUD-
ING AN ENTITY, ATTORNEY, OR LAW FIRM, WHO SEEKS DECLARATORY OR INJUNC-
TIVE RELIEF TO PREVENT THE STATE, A POLITICAL SUBDIVISION, A
GOVERNMENTAL ENTITY OR PUBLIC OFFICIAL IN THE STATE, OR A PERSON IN THE
STATE FROM ENFORCING ANY STATUTE, ORDINANCE, RULE, REGULATION, OR ANY
OTHER TYPE OF LAW THAT REGULATES OR RESTRICTS FIREARMS AS DEFINED IN
SECTION 265.00 OF THE PENAL LAW, IN ANY STATE OR FEDERAL COURT, OR THAT
REPRESENTS ANY LITIGANT SEEKING THAT RELIEF IN ANY STATE OR FEDERAL
S. 9227 9
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.
(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.
(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.
(F) AS USED IN THIS SECTION THE TERM "FIREARM" SHALL MEAN 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.
§ 4. 1. 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.
2. A statute shall not be construed to restrict a political subdivi-
sion from regulating or prohibiting firearms in a manner that is at
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.
3. 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 the state constitution shall be severed from the unconstitutional
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 the state constitution.
S. 9227 10
4. As used in this section the term "firearm" shall mean 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.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that section two of this act shall
take effect upon the final determination of a court of competent juris-
diction that the provisions of paragraph (b) of subdivision 2 of section
eight hundred ninety-eight-n of the general business law as added by
section one of this act are invalid or unconstitutional; provided that
the attorney general shall notify the legislative bill drafting commis-
sion upon the occurrence of such a final determination by a court in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
