NY State Senate Bill 2023-S4927

Senate Bill S4927

2023-2024 Legislative Session

Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state

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Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Feb 17, 2023	referred to judiciary

co-Sponsors

2023-S4927 (ACTIVE) - Details

See Assembly Version of this Bill:: A3943
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add Art 13-C §§1360 - 1364, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S8163, A10561

2023-S4927 (ACTIVE) - Summary

Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state; aiding and abetting such manufacture, sale or distribution; or intending to aid and abet in such manufacture, sale or distribution; provides for a civil remedy of ten thousand dollars per violation.

2023-S4927 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4927

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to creat-
ing a civil cause of action for the manufacture, sale, or distribution
of assault weapons or ghost guns within the state

 
PURPOSE:

To create a civil cause of action for the manufacture, sale, distrib-
ution of assault weapons or ghost guns within the State

 
SUMMARY OF PROVISIONS:

Section 1: Adding a new article 13-C to the civil practice law and
rules.

Section 1360: Definitions for "assault weapon" and "ghost gun".

Section 1361, subsection 1: Allows a person to bring a civil cause of

action against any person or entity who:

-manufacturesi distributes, or sells assault weapons or ghost guns or
parts for any such weapon, or

-aids and abets to an individual or entity in manufacturing, distribut-
ing, or selling assault weapons or ghost guns, or parts for any such
weapon, or

-intends to manufacture, distribute or sell assault weapons or ghost
guns, or parts for any such weapon, or

-transports or imports into the state, or causes to be distributed
transported, or imported into the state or gives or lends any assault
weapons or ghost guns within the state.

Subsection 2: States that should a plaintiff prevail in such action,
they shall be awarded injunctive relief, statutory damages not less than
$10,000 for each violation, and attorney's fees and other costs associ-
ated with bringing forward such cause of action. Sets an exception for
this relief if the defendant can prove that they previously paid the
full amount of damages in a previous action.  Establishes a statute of
limitation of 4 years of the date of violation or aiding and abetting of
the violation. Notwithstanding any other law, this state, a state offi-
cial, or a district or county attorney may not intervene in such
actions. Prohibits a court from awarding costs or attorney's fees to a
defendant.

Section 1362: Sets prohibited defenses to an action brought forward by
this article.

Section 1363: Sets affirmative defenses to an action brought forward by
this article and establishes that the defendant would have the burden of
proving an affirmative defense.

Section 1364: Establishes that this article may not be construed as
violating the first amendment of the United States constitution,
Section 2: Provides for severability.

Section 3: Sets the effective date as immediately.

 
JUSTIFICATION:

In December 2021, the Supreme Court ruled that the Texas law allowing
citizens to sue individuals who assist or perform abortions would be
allowed to go into effect until any other legal challenge is brought
before the Court. Using the same legal reasoning and in light of the
passing of Jose Webster Untraceable Firearms Act, the State of New York
must ensure that any manufacturer who produces assault weapons, "Ghost
Guns", or any item that can be used to create untraceable weapons are
held civilly liable. In some cities, "Ghost Guns" account for half of
recovered weapons from homicide scenes. The passing of this bill would
allow private citizens to sue any manufacturer producing any item that
can be used to create "Ghost Guns" for a minimum of $10,000 plus any
attorney fees. This bill would help our state combat the epidemic of gun
violence.

 
LEGISLATIVE HISTORY:

S. 8163-A of 2021-22: New Bill, Amended and Recommitted to Judiciary

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4927 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4927
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, MYRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  creat-
   ing a civil cause of action for the manufacture, sale, or distribution
   of assault weapons or ghost guns within the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 13-C to read as follows:
                               ARTICLE 13-C
                      CIVIL REMEDIES; GUN SAFETY LAWS
 SECTION 1360. DEFINITION.
         1361. ACTION TO RECOVER DAMAGES.
         1362. PROHIBITED DEFENSES.
         1363. AFFIRMATIVE DEFENSES.
         1364. CONSTRUCTION.
   § 1360. DEFINITION. FOR THE PURPOSES  OF  THIS  ARTICLE:  1.  "ASSAULT
 WEAPON"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVI-
 SION TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   2. "GHOST GUN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED  IN
 SUBDIVISION THIRTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   §  1361. ACTION TO RECOVER DAMAGES. 1. ANY PERSON, OTHER THAN AN OFFI-
 CER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY IN THIS STATE  MAY
 BRING A CIVIL CAUSE OF ACTION AGAINST ANY PERSON OR ENTITY WHO:
   (A) MANUFACTURES, DISTRIBUTES, OR SELLS ASSAULT WEAPONS OR GHOST GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE;
   (B)  AIDS AND ABETS AN INDIVIDUAL OR ENTITY IN MANUFACTURING, DISTRIB-
 UTING, OR SELLING ASSAULT WEAPONS OR GHOST GUNS, OR PARTS FOR  ANY  SUCH
 WEAPONS OR GHOST GUNS WITHIN THE STATE; OR
   (C)  INTENDS  TO  MANUFACTURE,  DISTRIBUTE, OR SELL ASSAULT WEAPONS OR
 GHOST GUNS WITHIN THE STATE OR AID AND ABET AN INDIVIDUAL OR  ENTITY  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07198-01-3

 S. 4927                             2
 
 MANUFACTURING,  DISTRIBUTING,  OR SELLING ASSAULT WEAPONS OR GHOST GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE.
   2.  (A)  IF A PLAINTIFF PREVAILS IN AN ACTION BROUGHT PURSUANT TO THIS
 SECTION, SUCH PLAINTIFF SHALL BE AWARDED INJUNCTIVE RELIEF SUFFICIENT TO
 PREVENT THE DEFENDANT FROM CONTINUING TO AID AND ABET ANY VIOLATION  THE
 PROVISIONS OF LAW SET FORTH IN SUBDIVISION ONE OF THIS SECTION, STATUTO-
 RY  DAMAGES  IN  AN  AMOUNT  NOT LESS THAN TEN THOUSAND DOLLARS FOR EACH
 VIOLATION OF SUCH PROVISIONS AND FOR ANY AIDING  AND  ABETTING  OF  SUCH
 PROVISIONS, AND ATTORNEY'S FEES AND OTHER COSTS ASSOCIATED WITH BRINGING
 SUCH CAUSE OF ACTION.
   (B)  A COURT MAY NOT AWARD RELIEF UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION IN RESPONSE TO A CAUSE OF ACTION BROUGHT PURSUANT TO  THIS  SECTION
 IF  THE  DEFENDANT  DEMONSTRATES THAT HE OR SHE PREVIOUSLY PAID THE FULL
 AMOUNT OF STATUTORY DAMAGES PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION  IN  A PREVIOUS ACTION FOR THAT PARTICULAR VIOLATION OF A PROVISION
 OF LAW AS SET FORTH IN SUBDIVISION  ONE  OF  THIS  SECTION  OR  FOR  THE
 PARTICULAR  AIDING  AND ABETTING THE VIOLATION OF A PROVISION OF LAW SET
 FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3. A PLAINTIFF MAY BRING A CAUSE OF ACTION PURSUANT  TO  THIS  SECTION
 WITHIN FOUR YEARS OF THE DATE OF THE VIOLATION OR AIDING AND ABETTING OF
 THE VIOLATION OF THE PROVISIONS OF LAW.
   4.  NOTWITHSTANDING  ANY OTHER LAW, THIS STATE, A STATE OFFICIAL, OR A
 DISTRICT OR COUNTY ATTORNEY MAY NOT INTERVENE IN AN ACTION BROUGHT UNDER
 THIS SECTION.  THIS SUBDIVISION DOES NOT PROHIBIT ANY SUCH  PERSON  FROM
 FILING AN AMICUS CURIAE BRIEF IN THE ACTION.
   5.  NOTWITHSTANDING  ANY  OTHER  LAW,  A  COURT MAY NOT AWARD COSTS OR
 ATTORNEY'S FEES TO A DEFENDANT IN AN ACTION  BROUGHT  PURSUANT  TO  THIS
 SECTION.
   §  1362.  PROHIBITED DEFENSES. THE FOLLOWING SHALL NOT BE A DEFENSE TO
 AN ACTION BROUGHT PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-ONE OF THIS
 ARTICLE:
   1. IGNORANCE OR MISTAKE OF LAW;
   2. A DEFENDANT'S BELIEF THAT THE REQUIREMENTS OF THIS SECTION  ARE  OR
 WERE UNCONSTITUTIONAL;
   3.  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;
   4. A DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT  HAS  BEEN  OVER-
 RULED  ON APPEAL OR BY A SUBSEQUENT COURT, EVEN IF SUCH DECISION HAS NOT
 BEEN OVERRULED WHEN THE DEFENDANT VIOLATED, AIDED OR ABETTED IN  VIOLAT-
 ING, OR INTENDED TO VIOLATE THE PROVISIONS OF SUBDIVISION ONE OF SECTION
 THIRTEEN HUNDRED SIXTY-ONE OF THIS ARTICLE;
   5. NON-MUTUAL PRECLUSION OR NON-MUTUAL CLAIM PRECLUSION; OR
   6. ANY CLAIM THAT THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION OR
 THE IMPOSITION OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE THE
 CONSTITUTIONAL RIGHTS OF THIRD PARTIES.
   §  1363.  AFFIRMATIVE  DEFENSES. 1. THE FOLLOWING SHALL BE AFFIRMATIVE
 DEFENSES TO AN ACTION  BROUGHT  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SIXTY-ONE OF THIS ARTICLE:
   (A) A DEFENDANT WHO AIDED OR ABETTED A VIOLATION OF ONE OR MORE OF THE
 PROVISIONS  OF  SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-ONE OF
 THIS ARTICLE REASONABLY BELIEVED, AFTER CONDUCTING A REASONABLE INVESTI-
 GATION, THAT AN INDIVIDUAL VIOLATING SUCH PROVISION  OR  PROVISIONS  HAD
 COMPLIED OR WOULD COMPLY WITH SUCH LAWS; OR
   (B) A DEFENDANT WHO INTENDED TO VIOLATE OR AID AND ABET A VIOLATION OF
 ONE  OR  MORE  OF  THE PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTEEN
 HUNDRED SIXTY-ONE OF THIS ARTICLE REASONABLY BELIEVED, AFTER  CONDUCTING
 S. 4927                             3
 
 A  REASONABLE INVESTIGATION, THAT AN INDIVIDUAL VIOLATING SUCH PROVISION
 OR PROVISIONS WOULD COMPLY WITH SUCH LAWS.
   2.  THE  DEFENDANT  SHALL  HAVE  THE  BURDEN OF PROVING AN AFFIRMATIVE
 DEFENSE UNDER SUBDIVISION ONE OF THIS SECTION.
   § 1364. CONSTRUCTION. THIS ARTICLE MAY  NOT  BE  CONSTRUED  TO  IMPOSE
 LIABILITY  ON  ANY SPEECH OR CONDUCT PROTECTED BY THE FIRST AMENDMENT OF
 THE UNITED STATES CONSTITUTION.
   § 2. This act shall take effect immediately.

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Senate Bill S4927

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Sponsored By

Luis R. Sepúlveda