|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to consumer protection|
senate Bill S1048
Current Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1048 (ACTIVE) - Details
S1048 (ACTIVE) - 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.
S1048 (ACTIVE) - 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.
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