senate Bill S3347

2021-2022 Legislative Session

Provides for compensation for injury or death caused by the negligent entrustment of a firearm

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary 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 29, 2021 referred to judiciary

Co-Sponsors

S3347 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5922
2019-2020: S2181

S3347 (ACTIVE) - Summary

Provides for compensation for injury or death caused by the negligent entrustment of a firearm.

S3347 (ACTIVE) - Sponsor Memo

S3347 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3347
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  providing
   for  compensation for injury or death caused by the negligent entrust-
   ment of a firearm

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  federal  Protection  of Lawful
 Commerce in Arms Act, 109 P.L. 92, 119 Stat. 2095, bars almost all civil
 actions or proceedings against manufacturers and  sellers  of  firearms,
 but  it provides an exemption for actions brought for negligent entrust-
 ment.  Negligent entrustment under the act  means  the  supplying  of  a
 firearm  by a seller for use by another person when the seller knows, or
 reasonably should know, the person to whom the product  is  supplied  is
 likely  to, and does, use the product in a manner involving unreasonable
 risk of physical injury to the person or others. It is the intent of the
 legislature to extend the negligent  entrustment  liability  of  firearm
 manufacturers  and sellers to the maximum extent allowable under federal
 law.
   § 2. The general obligations law is amended by adding  a  new  section
 11-108 to read as follows:
   §  11-108.  COMPENSATION  FOR  INJURY OR DEATH CAUSED BY THE NEGLIGENT
 ENTRUSTMENT OF A FIREARM. 1. ANY PERSON WHO IS INJURED IN PERSON,  PROP-
 ERTY,  MEANS OF SUPPORT, OR OTHERWISE BY THE USE OF A FIREARM SHALL HAVE
 A RIGHT OF ACTION AGAINST ANY PERSON OR ENTITY WHO CAUSED OR CONTRIBUTED
 TO THE INJURY THROUGH THE NEGLIGENT ENTRUSTMENT OF  A  FIREARM.  IN  ANY
 SUCH ACTION, THE INJURED PERSON SHALL HAVE A RIGHT TO RECOVER ACTUAL AND
 PUNITIVE DAMAGES.
   2.  IN CASE OF THE DEATH OF THE PERSON INJURED, THE ACTION OR RIGHT OF
 ACTION GIVEN BY THIS ACTION SHALL SURVIVE TO  HIS  OR  HER  EXECUTOR  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06936-01-1

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