NY State Senate Bill S1048

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2021	referred to consumer protection

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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

 
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.

Section 2: Defines several terms that appear in the bill including
"deceptive acts or practices," "false advertising" and "gun industry
member" (§ 898a 
1, 2, 3). Section 2 provides further that no gun indus-
try member, as that term is defined in the bill, shall create or main-
tain a condition that endangers safety or health through the sale, manu-
facturing, importing, or marketing a "qualified product" as defined in
15 U.S.C. section 7903(4). Section 2 also declares that a violation of
the new article that results in harm to the public is a public nuisance
(§ 898-c 
1, 2, 3) and establishes the conditions and factors that a
court shall consider in determining whether a nuisance exists (§
898-c 
4). Section 2 further provides for enforcement by the attorney
general in the name of the people of the state of New York or by any
town attorney, city corporation counsel, or other lawfully designated
enforcement officer of a municipality or local government(§ 898-d) and
also provides for a private right of action by any person, firm, corpo-
ration, or association that has been damaged as a result of a gun indus-
try member's acts or omissions (§ 898-e).
Section 3: Provides that the act takes effect immediately.

 
JUSTIFICATION:

Virtually every illegal firearm was once legal. Our country is awash
with legal and illegal firearms and the People are paying the price in
money and misery wrought by the illegal use of legal firearms.  This
unacceptable situation poses specific harm to New Yorkers based largely
on their zip code and certain immutable characteristics such as race and
ethnicity. Given the ease with which legal firearms flow into the ille-
gal market -- in spite of stringent state and local restrictions -- and
given the specific harm illegal firearm violence causes certain New
Yorkers, those responsible for the sale, manufacture, importing, or
marketing of firearms should be held liable for the public nuisance
caused by such activities. This bill has been drafted to comport with
the Protection of Lawful Commerce in Arms Act (18 USC § 921) as
construed by the United States Court of Appeals for the Second Circuit
in City of New York v Beretta USA Corp., 524 F3d 384 (2d Cir 2008).
Through the PLCAA, the firearms industry is shielded from civil liabil-
ity except when the basis for that liability is a "predicate statute"
that is applicable to the sale or marketing of firearms. With the
passage of this bill, it is our hope that the right of the People to
hold the firearms industry accountable will be restored.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD06691-01-1

 S. 1048                             2
 
         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. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   3.  "GUN  INDUSTRY  MEMBER"  SHALL MEAN A PERSON, FIRM, CORPORATION OR
 ASSOCIATION ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION,  IMPORTING
 OR MARKETING OF FIREARMS.
   4.  THE TERMS "KNOWINGLY" AND "RECKLESSLY" SHALL HAVE THE SAME MEANING
 AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   5. "QUALIFIED PRODUCT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  15
 U.S.C. SECTION 7903(4).
   §  898-B.  DANGERS  TO  SAFETY  AND HEALTH. NO GUN INDUSTRY MEMBER, BY
 CONDUCT EITHER UNLAWFUL IN ITSELF OR UNREASONABLE UNDER ALL THE  CIRCUM-
 STANCES  SHALL  KNOWINGLY  OR  RECKLESSLY CREATE OR MAINTAIN A CONDITION
 THAT ENDANGERS THE SAFETY OR HEALTH OF  THE  PUBLIC  THROUGH  THE  SALE,
 MANUFACTURING, IMPORTING OR MARKETING OF A QUALIFIED PRODUCT.
   §  898-C.  PUBLIC  NUISANCE.  1.  A VIOLATION 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
 REASONABLY FORESEEABLE EFFECT OF SUCH ACTS OR OMISSIONS, NOTWITHSTANDING
 ANY INTERVENING ACTIONS, INCLUDING BUT NOT LIMITED TO  CRIMINAL  ACTIONS
 BY THIRD PARTIES.
   4.  IN  DETERMINING  WHETHER A NUISANCE EXISTS, A FINDER OF FACT SHALL
 CONSIDER THE TOTALITY OF THE EVIDENCE, WHICH MAY  INCLUDE,  BUT  IS  NOT
 LIMITED TO:
   (A) THE DISTRIBUTION, IMPORTATION, MARKETING OR SALES METHODS UTILIZED
 BY  THE  GUN  INDUSTRY MEMBER AND THEIR FORESEEABLE EFFECTS ON CRIMES IN
 NEW YORK;
   (B) THE NUMBER OF QUALIFIED PRODUCTS THAT HAVE BEEN  DIVERTED  TO  THE
 ILLEGAL  MARKET  THROUGH THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASON-
 ABLE CONDUCT OF THE GUN INDUSTRY MEMBER;
   (C) THE NUMBER OF CRIMES THAT HAVE BEEN COMMITTED  IN  NEW  YORK  WITH
 QUALIFIED PRODUCTS SOLD, MANUFACTURED, DISTRIBUTED, IMPORTED OR MARKETED
 BY  THE  GUN  INDUSTRY  MEMBER  IN THE ALLEGED ILLEGAL, IRRESPONSIBLE OR
 UNREASONABLE MANNER;
   (D) THE TOTAL NUMBER OF  QUALIFIED  PRODUCTS  THAT  THE  GUN  INDUSTRY
 MEMBER  MANUFACTURED,  DISTRIBUTED OR SOLD IN THE UNITED STATES, THROUGH
 THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT,  WHICH  WERE
 RECOVERED IN, OR DESTINED FOR, NEW YORK;
   (E) WHETHER THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT
 OF  THE  GUN  INDUSTRY MEMBER CONSTITUTES DECEPTIVE ACTS OR PRACTICES IN
 THE CONDUCT OF ANY BUSINESS, TRADE OR COMMERCE OR IN THE  FURNISHING  OF
 ANY SERVICE;
   (F) WHETHER THE ALLEGED ILLEGAL, IRRESPONSIBLE OR UNREASONABLE CONDUCT
 OF  THE GUN INDUSTRY MEMBER CONSTITUTES FALSE ADVERTISING IN THE CONDUCT
 OF ANY BUSINESS, TRADE, OR COMMERCE OR IN THE FURNISHING OF ANY SERVICE;
 AND

 S. 1048                             3
 
   (G) ANY OTHER ILLEGAL, IRRESPONSIBLE OR UNREASONABLE ACTS OR OMISSIONS
 BY THE GUN INDUSTRY MEMBER THAT CREATE, CONTRIBUTE TO OR MAINTAIN PUBLIC
 HARM.
   §  898-D.  ENFORCEMENT. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED
 BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF  NEW
 YORK,  OR  BY  THE  TOWN  ATTORNEY,  CITY  CORPORATION COUNSEL, OR OTHER
 LAWFULLY DESIGNATED ENFORCEMENT  OFFICER  OF  A  MUNICIPALITY  OR  LOCAL
 GOVERNMENT.
   §  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. This act shall take effect immediately.

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The New York State Senate

senate Bill S1048

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Your Voice

Actions

Co-Sponsors

S1048 (ACTIVE) - Details

S1048 (ACTIVE) - Summary

S1048 (ACTIVE) - Sponsor Memo

S1048 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1048

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Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Your Voice

Actions

Co-Sponsors

S1048 (ACTIVE) - Details

S1048 (ACTIVE) - Summary

S1048 (ACTIVE) - Sponsor Memo

S1048 (ACTIVE) - Bill Text download pdf

Comments