Assembly Bill A5834A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5834--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Economic Development -- recommitted to the  Committee  on
   Economic  Development  in  accordance  with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the general business law, in relation to establishing a
   private right of action against gun  industry  members  for  marketing
   firearms and firearm related products to minors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 6 of section 898-a of the general  busi-
 ness  law,  as added by chapter 237 of the laws of 2021, are amended and
 four new subdivisions 7, 8, 9 and 10 are added to read as follows:
   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;  AND  (C)  PREVENTING  THE  MARKETING  OF
 FIREARMS  AND  FIREARM  RELATED PRODUCTS TO INDIVIDUALS UNDER THE AGE OF
 EIGHTEEN.
   6. "Qualified product" shall [have the same meaning as defined  in  15
 U.S.C.  section  7903(4)] MEAN A FIREARM, AS DEFINED IN SUBPARAGRAPH (A)
 OR (B) OF 18 U.S.C. SECTION 921(A)(3), INCLUDING ANY ANTIQUE FIREARM, AS
 DEFINED IN 18 U.S.C. SECTION 921(A)(16), OR AMMUNITION, AS DEFINED IN 18
 U.S.C. SECTION 921(A)(17)(A), OR A FIREARM RELATED PRODUCT.
   7. "FIREARM ACCESSORY" SHALL MEAN AN ATTACHMENT OR DEVICE DESIGNED  OR
 ADAPTED TO BE INSERTED INTO, AFFIXED ONTO, OR USED IN CONJUNCTION WITH A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02755-03-3
              

 A. 5834--A                          2
 
 FIREARM THAT IS DESIGNED, INTENDED, OR FUNCTIONS TO ALTER OR ENHANCE THE
 FIRING  CAPABILITIES  OF  A  FIREARM, THE LETHALITY OF THE FIREARM, OR A
 SHOOTER'S ABILITY TO HOLD AND USE A FIREARM, REGARDLESS OF WHETHER  SUCH
 ACCESSORY HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE COMMERCE.
   8.  "FIREARM  PRECURSOR PART" SHALL MEAN A COMPONENT OF A FIREARM THAT
 IS NECESSARY TO BUILD OR ASSEMBLE A FIREARM AND IS DESCRIBED IN  ANY  OF
 THE FOLLOWING CATEGORIES:
   (A)  AN  UNFINISHED  RECEIVER  AS DEFINED IN SUBDIVISION THIRTY-TWO OF
 SECTION 265.00 OF THE PENAL LAW.
   (B) AN UNFINISHED HANDGUN FRAME AS DEFINED IN  SUBDIVISION  THIRTY-TWO
 OF SECTION 265.00 OF THE PENAL LAW.
   (C)  A  "MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN" AS DEFINED IN
 SUBDIVISION THREE-A OF SECTION 265.00 OF THE PENAL LAW.
   9. "FIREARM RELATED PRODUCT"  SHALL  MEAN  A  FIREARM,  AMMUNITION,  A
 FIREARM  PRECURSOR  PART,  A  FIREARM COMPONENT, AND A FIREARM ACCESSORY
 THAT MEETS ANY OF THE FOLLOWING CONDITIONS:
   (A) THE ITEM IS SOLD, MANUFACTURED, OR DISTRIBUTED IN NEW YORK STATE.
   (B) THE ITEM IS INTENDED TO BE SOLD OR DISTRIBUTED IN NEW YORK STATE.
   (C) THE ITEM IS OR WAS POSSESSED IN NEW YORK STATE AND IT WAS  REASON-
 ABLY FORESEEABLE THAT SUCH ITEM WOULD BE POSSESSED IN NEW YORK STATE.
   10.  "FIREARM"  SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED IN
 SUBDIVISION THREE OF SECTION 265.00  OF  THE  PENAL  LAW,  AND  FOR  THE
 PURPOSES OF THIS ARTICLE, SHALL INCLUDE A "RIFLE" AS DEFINED IN SUBDIVI-
 SION  ELEVEN  AND  A  "SHOTGUN" AS DEFINED IN SUBDIVISION TWELVE OF SUCH
 SECTION OF THE PENAL LAW.
   § 2. Section 898-b of the general business law is amended by adding  a
 new subdivision 3 to read as follows:
   3.  IT  SHALL  BE  UNLAWFUL  FOR  ANY GUN INDUSTRY MEMBER TO DESIGN OR
 MARKET ANY FIREARM OR FIREARM RELATED  PRODUCT  AS  DEFINED  IN  SECTION
 EIGHT HUNDRED NINETY-EIGHT-A OF THIS ARTICLE TO ANY INDIVIDUAL UNDER THE
 AGE OF EIGHTEEN, UNLESS SUCH FIREARM OR FIREARM RELATED PRODUCT IS BEING
 DESIGNED  OR  MARKETED  TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN FOR THE
 PURPOSES OF HUNTING IN ACCORDANCE WITH ARTICLE ELEVEN  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW.
   § 3. Severability. If any clause, sentence, paragraph, 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,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.