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.
