senate Bill S1048

2021-2022 Legislative Session

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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 06, 2021 referred to consumer protection

Co-Sponsors

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S1048 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-DDDD §§898-a - 898-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8926

S1048 (ACTIVE) - Summary

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.

S1048 (ACTIVE) - Sponsor Memo

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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