S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9227
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the general business law and the civil practice law  and
   rules,  in  relation  to  establishing  a  private cause of action for
   certain violations regarding machine-guns, assault weapons,  disguised
   guns, ghost guns, and unfinished frames or receivers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 39-DDDDD to read as follows:
                             ARTICLE 39-DDDDD
 MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS AND UNFINISHED
                            FRAMES OR RECEIVERS
 SECTION 898-J. DEFINITIONS.
         898-K. PROHIBITIONS.
         898-L. EXCEPTIONS.
         898-M. ENFORCEMENT.
         898-N. PRIVATE CAUSE OF ACTION.
         898-O. DEFENSES.
         898-P. CONSTRUCTION.
         898-Q. VENUE.
         898-R. SOVEREIGN IMMUNITY.
         898-S. SEVERABILITY.
   § 898-J. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ASSAULT WEAPON" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
   2. "DISGUISED GUN" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 265.00 OF THE PENAL LAW.
   3.  "GHOST  GUN"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
   4. "MACHINE-GUN" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SECTION
 265.00 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15372-02-2
              

 S. 9227                             2
 
   5.  "UNFINISHED  FRAME  OR  RECEIVER"  SHALL  HAVE THE SAME MEANING AS
 DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  898-K. PROHIBITIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, NO PERSON WITHIN THE STATE SHALL MANUFACTURE OR  CAUSE  TO  BE
 MANUFACTURED,  DISTRIBUTE, TRANSPORT, OR IMPORT INTO THE STATE, OR CAUSE
 TO BE DISTRIBUTED, TRANSPORTED, OR IMPORTED INTO  THE  STATE,  KEEP  FOR
 SALE,  OFFER  OR  EXPOSE  FOR  SALE,  OR  GIVE OR LEND, ANY MACHINE-GUN,
 ASSAULT WEAPON, DISGUISED GUN OR GHOST GUN, EXCEPT AS PROVIDED IN SUBDI-
 VISIONS FOUR AND FIVE OF THIS SECTION AND IN SECTION EIGHT HUNDRED NINE-
 TY-EIGHT-L OF THIS ARTICLE.
   2. NO PERSON WITHIN THE STATE MAY MANUFACTURE OR CAUSE TO BE  MANUFAC-
 TURED,  DISTRIBUTE,  TRANSPORT, OR IMPORT INTO THE STATE, OR CAUSE TO BE
 DISTRIBUTED OR TRANSPORTED OR IMPORTED INTO THE STATE,  KEEP  FOR  SALE,
 OFFER  OR  EXPOSE  FOR  SALE,  OR  GIVE OR LEND, ANY UNFINISHED FRAME OR
 RECEIVER. THIS SUBDIVISION SHALL NOT APPLY TO A MANUFACTURER OR IMPORTER
 OF FIREARMS LICENSED PURSUANT TO CHAPTER  44  (COMMENCING  WITH  SECTION
 921)  OF  PART  I  OF  TITLE 18 OF THE UNITED STATES CODE, AND THE REGU-
 LATIONS ISSUED PURSUANT THERETO, EXCEPT THAT THE MANUFACTURER OR IMPORT-
 ER SHALL NOT PERFORM ANY OF THE ACTS PROHIBITED BY THIS SUBDIVISION WITH
 RESPECT TO A KIT OF FIREARM PRECURSOR PARTS CONTAINING ALL PARTS  NECES-
 SARY TO CONSTRUCT A FUNCTIONING FIREARM.
   3.  THE  PROHIBITIONS  DESCRIBED  IN  SUBDIVISIONS ONE AND TWO OF THIS
 SECTION APPLY WHETHER OR NOT THE MACHINE-GUN, ASSAULT WEAPON,  DISGUISED
 GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS MISUSED OR IS INTENDED
 TO BE MISUSED IN A CRIMINAL OR UNLAWFUL MANNER.
   4.  SUBDIVISIONS  ONE AND TWO OF THIS SECTION DO NOT APPLY TO THE SALE
 OF A MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN OR UNFINISHED
 FRAME OR RECEIVER TO, OR THE PURCHASE, TRANSPORT, IMPORTATION,  SALE  OR
 OTHER  TRANSFER,  OR  MANUFACTURE  OF,  A  MACHINE-GUN,  ASSAULT WEAPON,
 DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR  RECEIVER  BY,  ANY  LAW
 ENFORCEMENT  AGENCY,  PUBLIC  ENTITY THAT EMPLOYS PEACE OFFICERS, OR ANY
 AUTHORIZED LAW ENFORCEMENT REPRESENTATIVE THEREOF,  IF  THAT  PERSON  OR
 ENTITY  IS  NOT PROHIBITED BY LAW FROM POSSESSING A MACHINE-GUN, ASSAULT
 WEAPON, DISGUISED GUN,  GHOST  GUN  OR  UNFINISHED  FRAME  OR  RECEIVER,
 INCLUDING,  WITHOUT LIMITATION, ANY STATE OR LOCAL LAW ENFORCEMENT AGEN-
 CY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE DEPART-
 MENT OF CORRECTIONS OF ANY MUNICIPALITY, THE MILITARY OR NAVAL FORCES OF
 THIS STATE OR OF THE UNITED STATES, A LAW ENFORCEMENT OR MILITARY AGENCY
 OF ANOTHER STATE, ANY FEDERAL LAW ENFORCEMENT  AGENCY,  OR  ANY  FOREIGN
 GOVERNMENT  OR AGENCY APPROVED BY THE UNITED STATES DEPARTMENT OF STATE,
 FOR USE IN THE DISCHARGE OF THE OFFICIAL DUTIES OF SUCH ENTITIES.
   5. SUBDIVISIONS ONE AND TWO OF THIS SECTION DO NOT APPLY TO  A  PERSON
 WHO  IS  THE  EXECUTOR  OR  ADMINISTRATOR  OF  AN ESTATE THAT INCLUDES A
 MACHINE-GUN, ASSAULT WEAPON, DISGUISED  GUN,  GHOST  GUN  OR  UNFINISHED
 FRAME  OR  RECEIVER,  THAT  IS  DISPOSED OF AS AUTHORIZED BY THE PROBATE
 COURT, IF  THE  DISPOSITION  IS  OTHERWISE  PERMITTED  PURSUANT  TO  THE
 PROVISIONS OF SECTION 265.20 OF THE PENAL LAW.
   §  898-L. EXCEPTIONS. 1. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-
 EIGHT-K OF THIS ARTICLE, ANY GUNSMITH OR  DEALER  IN  FIREARMS  LICENSED
 PURSUANT  TO  SECTION 400.00 OF THE PENAL LAW MAY TAKE POSSESSION OF ANY
 MACHINE-GUN OR ASSAULT WEAPON FROM ANY PERSON  TO  WHOM  IT  IS  LEGALLY
 REGISTERED  OR  WHO  HAS  BEEN ISSUED A PERMIT TO POSSESS IT PURSUANT TO
 ARTICLE FOUR HUNDRED OF THE PENAL LAW, OR OF  ANY  UNFINISHED  FRAME  OR
 RECEIVER, FOR THE PURPOSES OF SERVICING OR REPAIR.
   2.  NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTI-
 CLE, ANY GUNSMITH OR DEALER IN FIREARMS  LICENSED  PURSUANT  TO  SECTION
 S. 9227                             3
 
 400.00  OF  THE  PENAL  LAW  MAY TRANSFER POSSESSION OF ANY MACHINE-GUN,
 ASSAULT WEAPON, OR UNFINISHED FRAME OR  RECEIVER  RECEIVED  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION,  TO A GUNSMITH LICENSED PURSUANT TO
 SECTION  400.00  OF THE PENAL LAW FOR PURPOSES OF REPAIRING OR SERVICING
 SUCH MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED  FRAME  OR  RECEIVER.  A
 TRANSFER IS PERMISSIBLE ONLY TO THE FOLLOWING PERSONS:
   (A) A GUNSMITH EMPLOYED BY THE DEALER.
   (B)  A  GUNSMITH  WITH  WHOM THE DEALER HAS CONTRACTED FOR GUNSMITHING
 SERVICES.
   3. PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION  APPLIES  ONLY  IF
 THE  GUNSMITH  RECEIVING  THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED
 FRAME OR RECEIVER PART MEETS BOTH OF THE FOLLOWING QUALIFICATIONS:
   (A) THE GUNSMITH HOLDS A DEALER LICENSE ISSUED PURSUANT TO CHAPTER 44
   (COMMENCING WITH SECTION 921) OF TITLE 18 OF THE  UNITED  STATES  CODE
 AND THE REGULATIONS ISSUED PURSUANT THERETO.
   (B)  THE  GUNSMITH  HOLDS  ANY BUSINESS LICENSE REQUIRED BY A STATE OR
 LOCAL GOVERNMENTAL ENTITY.
   4. IN ADDITION TO THE USES PERMITTED IN SECTION 265.20 OR ARTICLE FOUR
 HUNDRED OF THE PENAL LAW, ANY GUNSMITH OR DEALER  IN  FIREARMS  LICENSED
 PURSUANT  TO  SECTION  400.00  OF THE PENAL LAW WHO LAWFULLY POSSESSES A
 MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR RECEIVER PART PURSU-
 ANT TO THOSE PROVISIONS MAY DO EITHER OF THE FOLLOWING:
   (A) TRANSPORT THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME  OR
 RECEIVER BETWEEN DEALERS OR OUT OF THE STATE IF THAT PERSON IS PERMITTED
 PURSUANT  TO THE NATIONAL FIREARMS ACT. ANY TRANSPORTING ALLOWED BY THIS
 SECTION OR SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE SHALL BE
 IN COMPLIANCE WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR  HUNDRED  OF
 THE PENAL LAW.
   (B)  SELL  THE  MACHINE-GUN,  ASSAULT  WEAPON,  OR UNFINISHED FRAME OR
 RECEIVER TO A RESIDENT OUTSIDE THE STATE.
   5. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS  ARTI-
 CLE,  ANY INDIVIDUAL MAY, PROVIDED THAT THE MACHINE-GUN, ASSAULT WEAPON,
 DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS  TRANSPORTED
 IN  COMPLIANCE  WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF
 THE PENAL LAW, DO ANY OF THE FOLLOWING:
   (A) ARRANGE IN ADVANCE TO RELINQUISH A  MACHINE-GUN,  ASSAULT  WEAPON,
 DISGUISED  GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO A POLICE OR
 SHERIFF'S DEPARTMENT.
   (B)  SELL,  DELIVER,  OR  TRANSFER  A  MACHINE-GUN,  ASSAULT   WEAPON,
 DISGUISED  GUN,  GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO AN AUTHOR-
 IZED REPRESENTATIVE OF A CITY, CITY AND COUNTY, COUNTY, OR STATE GOVERN-
 MENT, OR OF THE FEDERAL GOVERNMENT, PROVIDED THAT THE ENTITY IS  ACQUIR-
 ING  THE WEAPON AS PART OF AN AUTHORIZED, VOLUNTARY PROGRAM IN WHICH THE
 ENTITY IS BUYING OR RECEIVING WEAPONS FROM PRIVATE INDIVIDUALS.
   (C) TRANSFER, RELINQUISH, OR DISPOSE OF A MACHINE-GUN, ASSAULT WEAPON,
 DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER  IN  COMPLIANCE
 WITH THE REQUIREMENTS OF SECTION 370.25 OF THE CRIMINAL PROCEDURE LAW.
   §  898-M.  ENFORCEMENT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, THE REQUIREMENTS OF THIS ARTICLE SHALL BE ENFORCED EXCLUSIVELY
 THROUGH THE PRIVATE CIVIL ACTIONS DESCRIBED  IN  SECTION  EIGHT  HUNDRED
 NINETY-EIGHT-N  OF  THIS  ARTICLE. NO ENFORCEMENT OF THIS ARTICLE MAY BE
 TAKEN OR THREATENED BY THE STATE, A POLITICAL SUBDIVISION,  A  DISTRICT,
 COUNTY  OR  CITY  ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
 EMPLOYEE OF THE STATE OR A POLITICAL  SUBDIVISION  AGAINST  ANY  PERSON,
 EXCEPT AS PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTI-
 CLE.
 S. 9227                             4
 
   2.  THE  FACT THAT CONDUCT VIOLATES THIS ARTICLE SHALL NOT BE AN INDE-
 PENDENT BASIS FOR ENFORCEMENT OF ANY OTHER LAW OF  THIS  STATE,  OR  THE
 DENIAL, REVOCATION, SUSPENSION, OR WITHHOLDING OF ANY RIGHT OR PRIVILEGE
 CONFERRED  BY  THE  LAW  OF  THIS STATE OR A POLITICAL SUBDIVISION, OR A
 THREAT TO DO THE SAME, BY THE STATE, A POLITICAL SUBDIVISION, A DISTRICT
 OR COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
 EMPLOYEE  OF  THE  STATE OR A POLITICAL SUBDIVISION, OR A BOARD, COMMIS-
 SION, OR SIMILAR BODY ASSIGNED AUTHORITY TO DO SO UNDER LAW, AGAINST ANY
 PERSON, EXCEPT AS PROVIDED IN SECTION EIGHT  HUNDRED  NINETY-EIGHT-N  OF
 THIS  ARTICLE. NOR SHALL ANY CIVIL ACTION PREDICATED UPON A VIOLATION OF
 THIS ARTICLE BE  BROUGHT  BY  THE  STATE,  A  POLITICAL  SUBDIVISION,  A
 DISTRICT,  COUNTY  OR  CITY  ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE
 OFFICER OR EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION. FOR  AVOID-
 ANCE  OF  DOUBT, THE RIGHTS AND PRIVILEGES DESCRIBED BY THIS SUBDIVISION
 INCLUDE, BUT ARE NOT LIMITED  TO,  ANY  BUSINESS  LICENSES  AND  PERMITS
 ISSUED PURSUANT TO THIS CHAPTER OR ANY LICENSES ISSUED PURSUANT TO ARTI-
 CLE  FOUR  HUNDRED  OF  THE  PENAL  LAW.  THIS  SUBDIVISION SHALL NOT BE
 CONSTRUED TO PREVENT OR LIMIT ENFORCEMENT OF ANY  OTHER  LAW  REGULATING
 CONDUCT  THAT ALSO VIOLATES THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO,
 ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF THE PENAL LAW.
   3. SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT BE CONSTRUED  TO
 DO ANY OF THE FOLLOWING:
   (A)  LEGALIZE  THE  CONDUCT PROHIBITED BY THIS CHAPTER OR BY THE PENAL
 LAW.
   (B) WAIVE ANY REQUIREMENTS PRESCRIBED IN ARTICLE FOUR HUNDRED  OF  THE
 PENAL LAW.
   (C)  LIMIT  OR  AFFECT  THE  AVAILABILITY  OF  A REMEDY ESTABLISHED BY
 SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE.
   (D) LIMIT THE ENFORCEABILITY  OF  ANY  OTHER  LAWS  THAT  REGULATE  OR
 PROHIBIT   ANY   CONDUCT  RELATING  TO  MACHINE-GUNS,  ASSAULT  WEAPONS,
 DISGUISED GUNS, GHOST GUNS, OR UNFINISHED FRAMES OR RECEIVERS.
   § 898-N. PRIVATE CAUSE OF ACTION. 1. ANY PERSON, OTHER THAN AN OFFICER
 OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL ENTITY IN THE STATE,  SHALL
 HAVE  A  PRIVATE  CAUSE OF ACTION AGAINST ANY PERSON WHO DOES ANY OF THE
 FOLLOWING:
   (A) KNOWINGLY VIOLATES SECTION EIGHT HUNDRED  NINETY-EIGHT-K  OF  THIS
 ARTICLE.
   (B)  KNOWINGLY  ENGAGES  IN  CONDUCT THAT AIDS OR ABETS A VIOLATION OF
 SECTION EIGHT HUNDRED NINETY-EIGHT-K  OF  THIS  ARTICLE,  REGARDLESS  OF
 WHETHER  THE  PERSON  KNEW OR SHOULD HAVE KNOWN THAT THE PERSON AIDED OR
 ABETTED WOULD BE VIOLATING SUCH SECTION.
   (C) KNOWINGLY COMMITS AN ACT WITH THE INTENT TO ENGAGE IN THE  CONDUCT
 DESCRIBED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   2. IF A CLAIMANT PREVAILS IN AN ACTION BROUGHT UNDER THIS SECTION, THE
 COURT SHALL AWARD ALL OF THE FOLLOWING:
   (A) INJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE DEFENDANT FROM VIOLAT-
 ING THIS ARTICLE OR ENGAGING IN ACTS THAT AID OR ABET VIOLATIONS OF THIS
 ARTICLE.
   (B)  STATUTORY  DAMAGES  IN  AN  AMOUNT  OF NOT LESS THAN TEN THOUSAND
 DOLLARS FOR EACH MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST  GUN,
 OR  UNFINISHED  FRAME  OR  RECEIVER  AS  TO WHICH THE DEFENDANT VIOLATED
 SECTION EIGHT HUNDRED NINETY-EIGHT-K  OF  THIS  ARTICLE,  AND  FOR  EACH
 MACHINE-GUN,  ASSAULT  WEAPON,  DISGUISED  GUN, GHOST GUN, OR UNFINISHED
 FRAME OR RECEIVER AS TO WHICH THE DEFENDANT AIDED OR ABETTED A VIOLATION
 OF SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
   (C) ATTORNEY'S FEES AND COSTS.
 S. 9227                             5
 
   3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A COURT SHALL  NOT
 AWARD RELIEF UNDER THIS SECTION IN RESPONSE TO A VIOLATION OF THIS ARTI-
 CLE  IF  THE  DEFENDANT DEMONSTRATES THAT SUCH DEFENDANT PREVIOUSLY PAID
 THE FULL AMOUNT OF ANY MONETARY AWARD  UNDER  SUBDIVISION  TWO  OF  THIS
 SECTION  IN  A  PREVIOUS  ACTION  FOR  EACH MACHINE-GUN, ASSAULT WEAPON,
 DISGUISED GUN, GHOST GUN, OR UNFINISHED FRAME OR RECEIVER  AS  TO  WHICH
 THE  DEFENDANT  VIOLATED,  OR  AIDED  OR ABETTED A VIOLATION OF, SECTION
 EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CAUSE
 OF ACTION UNDER THIS SECTION SHALL BE EXTINGUISHED UNLESS THE ACTION  IS
 BROUGHT NOT LATER THAN FOUR YEARS AFTER SUCH CAUSE OF ACTION ACCRUES.
   5.  AN  ACT  OR OMISSION IN VIOLATION OF SECTION EIGHT HUNDRED NINETY-
 EIGHT-K OF THIS ARTICLE SHALL BE DEEMED AN INJURY IN FACT TO  ALL  RESI-
 DENTS  OF,  AND  VISITORS TO, THIS STATE, AND ANY SUCH PERSON SHALL HAVE
 STANDING TO BRING A CIVIL ACTION PURSUANT TO THIS SECTION.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
 THE FOLLOWING IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION:
   (A) A DEFENDANT'S IGNORANCE OR MISTAKE OF LAW.
   (B) A DEFENDANT'S BELIEF THAT THE REQUIREMENTS  OF  THIS  ARTICLE  ARE
 UNCONSTITUTIONAL OR WERE UNCONSTITUTIONAL.
   (C)  A  DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT HAS BEEN OVER-
 RULED ON APPEAL OR BY A SUBSEQUENT COURT, EVEN IF  THAT  COURT  DECISION
 HAD  NOT  BEEN  OVERRULED  WHEN  THE  DEFENDANT  ENGAGED IN CONDUCT THAT
 VIOLATES THIS ARTICLE.
   (D) A DEFENDANT'S RELIANCE ON ANY STATE OR FEDERAL COURT DECISION THAT
 IS NOT BINDING ON THE COURT IN WHICH THE ACTION HAS BEEN BROUGHT.
   (E) NONMUTUAL ISSUE PRECLUSION OR NONMUTUAL CLAIM PRECLUSION.
   (F) ANY CLAIM THAT THE ENFORCEMENT OF THIS ARTICLE OR  THE  IMPOSITION
 OF  CIVIL  LIABILITY AGAINST THE DEFENDANT WILL VIOLATE A CONSTITUTIONAL
 RIGHT OF A THIRD PARTY.
   (G) A DEFENDANT'S ASSERTION THAT THIS ARTICLE PROSCRIBES CONDUCT  THAT
 IS  SEPARATELY  PROHIBITED  BY  THE  PENAL  LAW OR ANY OTHER LAW OF THIS
 STATE, OR THAT THIS ARTICLE PROSCRIBES  CONDUCT  BEYOND  THAT  WHICH  IS
 ALREADY PROHIBITED BY THE PENAL LAW OR ANY OTHER LAW OF THIS STATE.
   (H)  ANY  CLAIM  THAT  THE MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN,
 GHOST GUN, OR UNFINISHED FRAME OR RECEIVER AT ISSUE WAS NOT MISUSED,  OR
 WAS NOT INTENDED TO BE MISUSED, IN A CRIMINAL OR UNLAWFUL MANNER.
   7.  (A)  BOTH  OF  THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO AN ACTION
 BROUGHT UNDER THIS SECTION:
   (I) A PERSON SUED UNDER PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  REASONABLY  BELIEVED,  AFTER  CONDUCTING  A REASONABLE INVESTI-
 GATION, THAT THE PERSON AIDED OR ABETTED WAS COMPLYING WITH  THIS  ARTI-
 CLE.
   (II)  A  PERSON  SUED  UNDER  PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
 SECTION REASONABLY BELIEVED,  AFTER  CONDUCTING  A  REASONABLE  INVESTI-
 GATION, THAT THE PERSON WAS COMPLYING WITH THIS ARTICLE OR WAS AIDING OR
 ABETTING ANOTHER WHO WAS COMPLYING WITH THIS ARTICLE.
   (B)  THE  DEFENDANT  HAS  THE BURDEN OF PROVING AN AFFIRMATIVE DEFENSE
 UNDER THIS SUBDIVISION BY A PREPONDERANCE OF THE EVIDENCE.
   8. THIS SECTION SHALL NOT BE CONSTRUED  TO  IMPOSE  LIABILITY  ON  ANY
 SPEECH  OR CONDUCT PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES
 CONSTITUTION, AS MADE APPLICABLE TO THE STATES  THROUGH  THE  FOURTEENTH
 AMENDMENT  TO THE UNITED STATES CONSTITUTION, OR BY SECTION 8 OF ARTICLE
 I OF THE NEW YORK CONSTITUTION.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 STATE,  A  STATE OFFICIAL, OR A DISTRICT, COUNTY, OR CITY ATTORNEY SHALL
 S. 9227                             6
 
 NOT INTERVENE IN AN ACTION BROUGHT UNDER  THIS  SECTION.  HOWEVER,  THIS
 SUBDIVISION  DOES  NOT  PROHIBIT  A PERSON DESCRIBED BY THIS SUBDIVISION
 FROM FILING AN AMICUS CURIAE BRIEF IN THE ACTION.
   10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, A
 COURT SHALL NOT AWARD ATTORNEY'S FEES OR COSTS  TO  A  DEFENDANT  IN  AN
 ACTION BROUGHT UNDER THIS SECTION.
   11.  AN ACTION PURSUANT TO THIS SECTION SHALL NOT BE BROUGHT AGAINST A
 FEDERAL GOVERNMENT, STATE, POLITICAL SUBDIVISION, OR AN  EMPLOYEE  OF  A
 FEDERAL GOVERNMENT, STATE, OR POLITICAL SUBDIVISION ON THE BASIS OF ACTS
 OR OMISSIONS IN THE COURSE OF DISCHARGE OF OFFICIAL DUTIES.
   §  898-O.  DEFENSES.  1. A DEFENDANT AGAINST WHOM AN ACTION IS BROUGHT
 UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE DOES NOT HAVE
 STANDING TO ASSERT THE RIGHT OF ANOTHER INDIVIDUAL TO KEEP AND BEAR ARMS
 UNDER THE SECOND AMENDMENT  TO  THE  UNITED  STATES  CONSTITUTION  AS  A
 DEFENSE  TO  LIABILITY UNDER SUCH SECTION UNLESS EITHER OF THE FOLLOWING
 IS TRUE:
   (A) THE UNITED STATES SUPREME COURT HOLDS  THAT  THE  COURTS  OF  THIS
 STATE  MUST  CONFER STANDING ON THAT DEFENDANT TO ASSERT THE THIRD-PARTY
 RIGHTS OF OTHER INDIVIDUALS IN  STATE  COURT  AS  A  MATTER  OF  FEDERAL
 CONSTITUTIONAL LAW; OR
   (B)  THE DEFENDANT HAS STANDING TO ASSERT THE RIGHTS OF OTHER INDIVID-
 UALS UNDER THE TESTS FOR THIRD-PARTY STANDING ESTABLISHED BY THE  UNITED
 STATES SUPREME COURT.
   2.  A DEFENDANT IN AN ACTION BROUGHT UNDER SECTION EIGHT HUNDRED NINE-
 TY-EIGHT-N OF THIS ARTICLE MAY ASSERT AN AFFIRMATIVE DEFENSE TO  LIABIL-
 ITY UNDER THIS SECTION IF BOTH OF THE FOLLOWING ARE TRUE:
   (A)  THE  DEFENDANT HAS STANDING TO ASSERT THE THIRD-PARTY RIGHT OF AN
 INDIVIDUAL TO KEEP AND BEAR ARMS IN ACCORDANCE WITH SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (B)  THE DEFENDANT DEMONSTRATES THAT THE RELIEF SOUGHT BY THE CLAIMANT
 WILL VIOLATE A THIRD-PARTY'S RIGHTS UNDER THE SECOND  AMENDMENT  TO  THE
 UNITED  STATES CONSTITUTION RIGHT AS DEFINED BY CLEARLY ESTABLISHED CASE
 LAW OF THE UNITED STATES SUPREME COURT.
   3. NOTHING IN THIS SECTION SHALL  IN  ANY  WAY  LIMIT  OR  PRECLUDE  A
 DEFENDANT  FROM ASSERTING THE DEFENDANT'S PERSONAL CONSTITUTIONAL RIGHTS
 AS A DEFENSE TO LIABILITY UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N  OF
 THIS  ARTICLE,  AND A COURT SHALL NOT AWARD RELIEF UNDER SUCH SECTION IF
 THE CONDUCT FOR WHICH THE DEFENDANT HAS BEEN SUED WAS AN EXERCISE  OF  A
 STATE  OR  FEDERAL  CONSTITUTIONAL  RIGHT THAT PERSONALLY BELONGS TO THE
 DEFENDANT.
   § 898-P. CONSTRUCTION. THIS ARTICLE SHALL NOT BE CONSTRUED TO  DO  ANY
 OF THE FOLLOWING:
   1.  AUTHORIZE  THE  INITIATION OF A CAUSE OF ACTION UNDER THIS ARTICLE
 AGAINST A PERSON PURCHASING, OBTAINING, OR  ATTEMPTING  TO  PURCHASE  OR
 OBTAIN  A  MACHINE-GUN,  ASSAULT  WEAPON,  DISGUISED  GUN, GHOST GUN, OR
 UNFINISHED FRAME OR RECEIVER FROM A PERSON ACTING IN VIOLATION  OF  THIS
 ARTICLE.
   2.  WHOLLY  OR  PARTLY REPEAL, EITHER EXPRESSLY OR BY IMPLICATION, ANY
 OTHER STATUTE THAT  REGULATES  OR  PROHIBITS  ANY  CONDUCT  RELATING  TO
 MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS, OR UNFINISHED
 FRAMES OR RECEIVERS.
   3.  RESTRICT  A  POLITICAL  SUBDIVISION FROM REGULATING OR PROHIBITING
 CONDUCT RELATING TO MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST
 GUNS, OR UNFINISHED FRAMES OR RECEIVERS IN A MANNER THAT IS AT LEAST  AS
 STRINGENT AS THE LAWS OF THIS STATE.
 S. 9227                             7

   §  898-Q.  VENUE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, A CIVIL ACTION BROUGHT UNDER  SECTION  EIGHT  HUNDRED  NINETY-
 EIGHT-N OF THIS ARTICLE SHALL BE BROUGHT IN ANY OF THE FOLLOWING:
   (A)  THE  COUNTY  IN  WHICH ALL OR A SUBSTANTIAL PART OF THE EVENTS OR
 OMISSIONS GIVING RISE TO THE CLAIM OCCURRED;
   (B) THE COUNTY OF RESIDENCE FOR ANY ONE OF THE NATURAL PERSON  DEFEND-
 ANTS AT THE TIME THE CAUSE OF ACTION ACCRUED;
   (C) THE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY ONE OF THE
 DEFENDANTS THAT IS NOT A NATURAL PERSON; OR
   (D)  THE  COUNTY  OF  RESIDENCE  FOR THE CLAIMANT IF THE CLAIMANT IS A
 NATURAL PERSON RESIDING IN THE STATE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  IF  A
 CIVIL  ACTION  IS  BROUGHT UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF
 THIS ARTICLE IN ONE OF THE VENUES DESCRIBED BY SUBDIVISION ONE  OF  THIS
 SECTION, SUCH ACTION SHALL NOT BE TRANSFERRED TO A DIFFERENT VENUE WITH-
 OUT THE WRITTEN CONSENT OF ALL PARTIES.
   § 898-R. SOVEREIGN IMMUNITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW  TO  THE  CONTRARY,  THE  STATE  HAS SOVEREIGN IMMUNITY, A POLITICAL
 SUBDIVISION HAS GOVERNMENTAL IMMUNITY, AND EACH OFFICER AND EMPLOYEE  OF
 THE  STATE  OR  A  POLITICAL  SUBDIVISION  HAS  OFFICIAL IMMUNITY IN ANY
 ACTION, CLAIM, OR COUNTERCLAIM OR ANY TYPE OF LEGAL OR EQUITABLE  ACTION
 THAT  CHALLENGES  THE  VALIDITY  OF ANY PROVISION OR APPLICATION OF THIS
 ARTICLE, ON CONSTITUTIONAL GROUNDS OR OTHERWISE.
   2. A PROVISION OF STATE LAW SHALL NOT BE CONSTRUED TO WAIVE  OR  ABRO-
 GATE  AN IMMUNITY DESCRIBED BY SUBDIVISION ONE OF THIS SECTION UNLESS IT
 EXPRESSLY WAIVES IMMUNITY UNDER THIS SECTION.
   § 898-S. SEVERABILITY. 1. IT IS THE INTENT  OF  THE  LEGISLATURE  THAT
 EVERY  PROVISION,  SECTION,  SUBDIVISION,  SENTENCE, CLAUSE, PHRASE, AND
 WORD IN THIS CHAPTER, AND EVERY APPLICATION OF THE  PROVISIONS  IN  THIS
 ARTICLE, ARE SEVERABLE FROM EACH OTHER.
   2.  IF ANY APPLICATION OF ANY PROVISION IN THIS ARTICLE TO ANY PERSON,
 GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE INVALID  OR
 UNCONSTITUTIONAL,  THE  REMAINING  APPLICATIONS OF THAT PROVISION TO ALL
 OTHER PERSONS AND CIRCUMSTANCES  SHALL  BE  SEVERED  AND  SHALL  NOT  BE
 AFFECTED.  ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS ARTICLE SHALL
 BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE INVALID, LEAV-
 ING THE VALID APPLICATIONS IN FORCE, BECAUSE  IT  IS  THE  LEGISLATURE'S
 INTENT  AND  PRIORITY  THAT  THE  VALID APPLICATIONS BE ALLOWED TO STAND
 ALONE. EVEN IF A REVIEWING COURT FINDS A PROVISION OF  THIS  ARTICLE  TO
 IMPOSE  AN UNCONSTITUTIONAL BURDEN IN A LARGE OR SUBSTANTIAL FRACTION OF
 RELEVANT CASES, THE APPLICATIONS THAT DO NOT PRESENT AN UNCONSTITUTIONAL
 BURDEN SHALL BE SEVERED FROM THE REMAINING APPLICATIONS AND SHALL REMAIN
 IN FORCE, AND SHALL BE TREATED AS IF THE LEGISLATURE HAD ENACTED A STAT-
 UTE LIMITED TO THE PERSONS, GROUP OF PERSONS, OR CIRCUMSTANCES FOR WHICH
 THE STATUTE'S APPLICATION DOES NOT PRESENT AN  UNCONSTITUTIONAL  BURDEN.
 IF  ANY  COURT  DECLARES  OR  FINDS A PROVISION OF THIS ARTICLE FACIALLY
 UNCONSTITUTIONAL, WHEN DISCRETE APPLICATIONS OF THAT  PROVISION  CAN  BE
 ENFORCED  AGAINST  A  PERSON, GROUP OF PERSONS, OR CIRCUMSTANCES WITHOUT
 VIOLATING THE UNITED STATES CONSTITUTION  AND  THE  STATE  CONSTITUTION,
 SUCH  APPLICATIONS  SHALL  BE SEVERED FROM ALL REMAINING APPLICATIONS OF
 THE PROVISION, AND THE PROVISION SHALL BE INTERPRETED AS IF THE LEGISLA-
 TURE HAD ENACTED A PROVISION LIMITED TO THE PERSONS, GROUP  OF  PERSONS,
 OR  CIRCUMSTANCES FOR WHICH THE PROVISION'S APPLICATION WILL NOT VIOLATE
 THE UNITED STATES CONSTITUTION AND THE STATE CONSTITUTION.
   3. THE LEGISLATURE FURTHER DECLARES THAT IT WOULD  HAVE  ENACTED  THIS
 ARTICLE,  AND  EACH  PROVISION,  SECTION, SUBDIVISION, SENTENCE, CLAUSE,
 S. 9227                             8
 
 PHRASE, AND WORD, AND ALL CONSTITUTIONAL APPLICATIONS OF  THIS  ARTICLE,
 IRRESPECTIVE  OF  THE  FACT  THAT  ANY  PROVISION, SECTION, SUBDIVISION,
 SENTENCE, CLAUSE, PHRASE, OR WORD, OR APPLICATION OF THIS ARTICLE,  WERE
 TO  BE  DECLARED  UNCONSTITUTIONAL  OR  TO REPRESENT AN UNCONSTITUTIONAL
 BURDEN.
   4. IF ANY PROVISION OF THIS ARTICLE IS FOUND BY ANY COURT TO BE UNCON-
 STITUTIONALLY VAGUE, THEN THE APPLICATIONS OF THAT PROVISION THAT DO NOT
 PRESENT CONSTITUTIONAL VAGUENESS PROBLEMS SHALL BE SEVERED AND REMAIN IN
 FORCE.
   5. A COURT SHALL NOT DECLINE TO ENFORCE THE SEVERABILITY  REQUIREMENTS
 OF  THIS  SECTION ON THE GROUND THAT SEVERANCE WOULD REWRITE THE STATUTE
 OR INVOLVE THE COURT IN LEGISLATIVE OR LAWMAKING ACTIVITY. A COURT  THAT
 DECLINES  TO ENFORCE OR ENJOINS A STATE OFFICIAL FROM ENFORCING A STATU-
 TORY PROVISION OF THIS ARTICLE DOES NOT REWRITE A STATUTE, AS THE  STAT-
 UTE  CONTINUES TO CONTAIN THE SAME WORDS AS BEFORE THE COURT'S DECISION.
 EACH OF THE FOLLOWING IS TRUE ABOUT A JUDICIAL INJUNCTION OR DECLARATION
 OF UNCONSTITUTIONALITY OF A PROVISION OF THIS ARTICLE:
   (A) IT IS NOTHING MORE THAN AN EDICT PROHIBITING ENFORCEMENT THAT  MAY
 SUBSEQUENTLY  BE  VACATED BY A LATER COURT IF THAT COURT HAS A DIFFERENT
 UNDERSTANDING OF THE REQUIREMENTS  OF  THE  STATE  CONSTITUTION  OR  THE
 UNITED STATES CONSTITUTION.
   (B) IT IS NOT A FORMAL AMENDMENT OF THE LANGUAGE IN A STATUTE.
   (C) IT NO MORE REWRITES A STATUTE THAN A DECISION BY THE EXECUTIVE NOT
 TO  ENFORCE  A  DULY-ENACTED  STATUTE  IN  A  LIMITED AND DEFINED SET OF
 CIRCUMSTANCES.
   § 2. Paragraph (b) of subdivision 2 of section 898-n  of  the  general
 business law, as added by section one of this act, is amended to read as
 follows:
   (b)  Statutory  damages in an APPROPRIATE amount [of not less than ten
 thousand dollars for each machine-gun, assault  weapon,  disguised  gun,
 ghost  gun,  or  unfinished  frame or receiver as to which the defendant
 violated section eight hundred ninety-eight-k of this article,  and  for
 each  machine-gun,  assault  weapon, disguised gun, ghost gun, or unfin-
 ished frame or receiver as to which the defendant  aided  or  abetted  a
 violation of section eight hundred ninety-eight-k of this article] TO BE
 DETERMINED  BY  THE  COURT FOR EACH VIOLATION OF THIS ARTICLE. IN MAKING
 THAT DETERMINATION, THE COURT SHALL CONSIDER FACTORS THAT  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  THE  NUMBER  OF  MACHINE-GUNS,  ASSAULT WEAPONS,
 DISGUISED GUNS, GHOST GUNS, OR UNFINISHED FRAMES OR  RECEIVERS  INVOLVED
 IN  THE  DEFENDANT'S  VIOLATION  OF  THIS  ARTICLE,  THE DURATION OF THE
 PROHIBITED CONDUCT, WHETHER THE DEFENDANT HAS PREVIOUSLY  VIOLATED  THIS
 ARTICLE  OR  ANY OTHER FEDERAL, STATE, OR LOCAL LAW CONCERNING THE REGU-
 LATION OF FIREARMS, AND ANY OTHER FACTORS TENDING TO INCREASE  THE  RISK
 TO THE PUBLIC, SUCH AS PROXIMITY OF THE VIOLATIONS TO SENSITIVE PLACES.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 8111 to read as follows:
   § 8111. COSTS IN CERTAIN ACTIONS RELATED  TO  FIREARMS.  (A)  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON, INCLUD-
 ING  AN  ENTITY, ATTORNEY, OR LAW FIRM, WHO SEEKS DECLARATORY OR INJUNC-
 TIVE  RELIEF  TO  PREVENT  THE  STATE,  A   POLITICAL   SUBDIVISION,   A
 GOVERNMENTAL  ENTITY OR PUBLIC OFFICIAL IN THE STATE, OR A PERSON IN THE
 STATE FROM ENFORCING ANY STATUTE, ORDINANCE, RULE,  REGULATION,  OR  ANY
 OTHER  TYPE  OF  LAW  THAT REGULATES OR RESTRICTS FIREARMS AS DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, IN ANY STATE OR FEDERAL COURT, OR  THAT
 REPRESENTS  ANY  LITIGANT  SEEKING  THAT  RELIEF IN ANY STATE OR FEDERAL
 S. 9227                             9
 
 COURT, IS JOINTLY AND SEVERALLY LIABLE TO PAY THE  ATTORNEY'S  FEES  AND
 COSTS OF THE PREVAILING PARTY.
   (B)  FOR  PURPOSES OF THIS SECTION, A PARTY IS CONSIDERED A PREVAILING
 PARTY IF A STATE OR FEDERAL COURT DOES EITHER OF THE FOLLOWING:
   (1) DISMISSES ANY CLAIM OR CAUSE OF ACTION BROUGHT BY THE PARTY  SEEK-
 ING THE DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A) OF
 THIS SECTION, REGARDLESS OF THE REASON FOR THE DISMISSAL.
   (2)  ENTERS  JUDGMENT  IN  THE  PARTY'S FAVOR ON ANY CLAIM OR CAUSE OF
 ACTION.
   (C) REGARDLESS OF WHETHER A PREVAILING PARTY SOUGHT TO RECOVER  ATTOR-
 NEY'S  FEES  OR COSTS IN THE UNDERLYING ACTION, A PREVAILING PARTY UNDER
 THIS SECTION MAY BRING A CIVIL ACTION TO  RECOVER  ATTORNEY'S  FEES  AND
 COSTS AGAINST A PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, THAT
 SOUGHT  DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A) OF
 THIS SECTION NOT LATER THAN THE THIRD ANNIVERSARY OF THE DATE ON  WHICH,
 AS APPLICABLE:
   (1)  THE  DISMISSAL  OR  JUDGMENT DESCRIBED BY SUBDIVISION (B) OF THIS
 SECTION BECOMES FINAL UPON THE CONCLUSION OF APPELLATE REVIEW; OR
   (2) THE TIME FOR SEEKING APPELLATE REVIEW EXPIRES.
   (D) NONE OF THE FOLLOWING ARE A DEFENSE TO  AN  ACTION  BROUGHT  UNDER
 SUBDIVISION (C) OF THIS SECTION:
   (1)  A  PREVAILING PARTY UNDER THIS SECTION FAILED TO SEEK RECOVERY OF
 ATTORNEY'S FEES OR COSTS IN THE UNDERLYING ACTION.
   (2) THE COURT IN  THE  UNDERLYING  ACTION  DECLINED  TO  RECOGNIZE  OR
 ENFORCE THE REQUIREMENTS OF THIS SECTION.
   (3) THE COURT IN THE UNDERLYING ACTION HELD THAT ANY PROVISION OF THIS
 SECTION  IS  INVALID,  UNCONSTITUTIONAL,  OR  PREEMPTED  BY FEDERAL LAW,
 NOTWITHSTANDING THE DOCTRINES OF ISSUE OR CLAIM PRECLUSION.
   (E) ANY PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, WHO  SEEKS
 DECLARATORY OR INJUNCTIVE RELIEF AS DESCRIBED IN SUBDIVISION (A) OF THIS
 SECTION,  SHALL  NOT  BE DEEMED A PREVAILING PARTY UNDER THIS SECTION OR
 ANY OTHER PROVISION OF THIS CHAPTER.
   (F) AS USED IN THIS SECTION THE TERM "FIREARM" SHALL  MEAN  A  DEVICE,
 DESIGNED  TO  BE  USED  AS  A  WEAPON,  FROM WHICH IS EXPELLED THROUGH A
 BARREL, A PROJECTILE BY THE FORCE OF  AN  EXPLOSION  OR  OTHER  FORM  OF
 COMBUSTION.
   §  4.  1.  A statute that regulates or prohibits firearms shall not be
 construed to repeal  any  other  statute  that  regulates  or  prohibits
 firearms,  either  wholly  or  partly,  unless the later-enacted statute
 explicitly states that it is repealing the other statute.
   2. A statute shall not be construed to restrict a  political  subdivi-
 sion  from  regulating  or  prohibiting  firearms in a manner that is at
 least as stringent as the laws of this state, unless the statute explic-
 itly states that political subdivisions are prohibited  from  regulating
 or prohibiting firearms in the manner described by the statute.
   3.  Every statute that regulates or prohibits firearms is severable in
 each of its applications to every person and circumstance. If any  stat-
 ute  that  regulates  or  prohibits firearms is found by any court to be
 unconstitutional, either on its face or as applied,  then  all  applica-
 tions of that statute that do not violate the United States Constitution
 and  the  state  constitution shall be severed from the unconstitutional
 applications and shall remain  enforceable,  notwithstanding  any  other
 law,  and  the  statute  shall  be interpreted as if containing language
 limiting the statute's application to the persons, group of persons,  or
 circumstances  for  which the statute's application will not violate the
 United States Constitution and the state constitution.
 S. 9227                            10
 
   4. As used in this section the term "firearm"  shall  mean  a  device,
 designed  to  be  used  as  a  weapon,  from which is expelled through a
 barrel, a projectile by the force of  an  explosion  or  other  form  of
 combustion.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect upon the final determination of a court of competent  juris-
 diction that the provisions of paragraph (b) of subdivision 2 of section
 eight  hundred  ninety-eight-n  of  the general business law as added by
 section one of this act are invalid or unconstitutional;  provided  that
 the  attorney general shall notify the legislative bill drafting commis-
 sion upon the occurrence of such a final determination  by  a  court  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.