NY State Senate Bill 2023-S7640

Senate Bill S7640

2023-2024 Legislative Session

Prohibits gun industry members from directly advertising, marketing, promoting, designing, or selling certain firearm-related products to underage individuals

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Aug 23, 2023	referred to rules

2023-S7640 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Amd §§898-a & 898-b, Gen Bus L

2023-S7640 (ACTIVE) - Summary

Prohibits gun industry members from directing advertising, marketing, promoting, designing, or selling certain firearm-related products in a manner that would encourage unlawful purchase, possession, or use by underage individuals in the state; provides criteria for determining whether a gun industry member reasonably appears to support, recommend, or encourage underage individuals to unlawfully purchase a qualified product.

2023-S7640 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7640

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting gun
industry members from directly advertising, marketing, promoting,
designing, or selling certain firearm-related products in a manner that
would encourage unlawful purchase, possession, or use by underage indi-
viduals

 
PURPOSE:

To restrict advertising, marketing, promotion, design, and sale of guns
to underage individuals.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph to Section 898-b of the general business
law: Prohibits the gun industry from marketing products in a way that
reasonably appears to encourage underage purchase, possession, or use of
qualified firearms.

Section 2 amends Section 898-a of the general business law to define
"underage individual" as an individual below the lawful age to purchase,
possess, or use a qualified product.

Section 3 sets the effective date.

 
JUSTIFICATION:

Gun violence and mass shootings continue to plague the nation, especial-
ly among young people, and is a threat to public health and safety. One
firearm manufacturer is adding to the problem with the introduction of a
new gun called "JR-15," a semi-automatic rifle that resembles a small
AR-15. This weapon has been called a "youth training rifle," and the
manufacturer even boasted on its website that it is "geared towards
smaller enthusiasts." Logos and graphics on the rifles were cartoonish
and included images designed to appeal to youth, including skulls and
crossbones with pacifiers. These marketing tactics are deeply troubling.

New York has been at the forefront of the fight against gun violence.
As a result, the state ranked second in the country for the lowest rate
of child and teen deaths by firearms for the years 2011 to 2020, accord-
ing to a recent CDC report. In continuing this legacy, New York should
not tolerate marketing to people who cannot purchase, own, or possess
such items.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:  None to the state.

 
EFFECTIVE DATE:
Immediately

2023-S7640 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7640
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 23, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to prohibiting gun
   industry members  from  directly  advertising,  marketing,  promoting,
   designing,  or  selling  certain  firearm-related products in a manner
   that would encourage unlawful purchase, possession, or use by underage
   individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  898-b  of  the general business law, as added by
 chapter 237 of the laws of 2021, is amended to read as follows:
   § 898-b. Prohibited activities. 1. No gun industry member, by  conduct
 either  unlawful  in  itself or unreasonable under all the circumstances
 shall knowingly or recklessly create, maintain or contribute to a condi-
 tion in New York state that endangers the safety or health of the public
 through the sale, manufacturing, importing or marketing of  a  qualified
 product.
   2.  All  gun industry members who manufacture, market, import or offer
 for wholesale or retail sale any qualified product  in  New  York  state
 shall  establish  and  utilize  reasonable  controls  and  procedures to
 prevent its qualified products from being possessed, used,  marketed  or
 sold unlawfully in New York state.
   3.  (A)  NO  GUN  INDUSTRY  MEMBER  SHALL  ADVERTISE, MARKET, PROMOTE,
 DESIGN, OR SELL ANY  QUALIFIED  PRODUCT  IN  A  MANNER  THAT  REASONABLY
 APPEARS  TO  SUPPORT,  RECOMMEND, OR ENCOURAGE AN UNDERAGE INDIVIDUAL TO
 UNLAWFULLY PURCHASE, POSSESS, OR USE A QUALIFIED PRODUCT IN THE STATE.
   (B) IN DETERMINING WHETHER THE CONDUCT OF A GUN  INDUSTRY  MEMBER,  AS
 DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION, REASONABLY APPEARS TO
 SUPPORT, RECOMMEND, OR  ENCOURAGE  UNDERAGE  INDIVIDUALS  TO  UNLAWFULLY
 PURCHASE A QUALIFIED PRODUCT, A COURT SHALL CONSIDER THE TOTALITY OF THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13020-01-3
 S. 7640                             2

 
 CIRCUMSTANCES,  INCLUDING,  BUT  NOT  LIMITED TO, WHETHER THE MARKETING,
 ADVERTISING, PROMOTION, DESIGN, OR SALE:
   (I) USES CARICATURES THAT REASONABLY APPEAR TO BE UNDERAGE INDIVIDUALS
 OR CARTOON CHARACTERS;
   (II)  OFFERS  BRAND NAME MERCHANDISE FOR UNDERAGE INDIVIDUALS, INCLUD-
 ING, BUT NOT LIMITED TO, CLOTHING, TOYS, GAMES, OR STUFFED ANIMALS, THAT
 PROMOTES A GUN INDUSTRY MEMBER OR QUALIFIED PRODUCT;
   (III) OFFERS QUALIFIED PRODUCTS IN SIZES, COLORS, OR DESIGNS THAT  ARE
 SPECIFICALLY DESIGNED TO BE USED BY, OR APPEAL TO, UNDERAGE INDIVIDUALS;
   (IV)  IS  PART  OF  A  MARKETING,  ADVERTISING,  OR PROMOTION CAMPAIGN
 DESIGNED WITH THE INTENT TO APPEAL TO UNDERAGE INDIVIDUALS;
   (V) USES IMAGES OR DEPICTIONS OF UNDERAGE INDIVIDUALS  IN  ADVERTISING
 OR  MARKETING,  OR  PROMOTION  MATERIALS, TO DEPICT THE USE OF QUALIFIED
 PRODUCTS; OR
   (VI) IS PLACED IN A PUBLICATION CREATED FOR THE PURPOSE OF REACHING AN
 AUDIENCE THAT IS PREDOMINANTLY COMPOSED OF UNDERAGE INDIVIDUALS AND  NOT
 INTENDED FOR A MORE GENERAL AUDIENCE COMPOSED OF ADULTS.
   (C)  THIS SUBDIVISION SHALL NOT APPLY TO COMMUNICATIONS OR PROMOTIONAL
 MATERIALS REGARDING LAWFUL RECREATIONAL ACTIVITY WITH A QUALIFIED  PROD-
 UCT  SUCH AS, BUT NOT LIMITED TO, PRACTICE SHOOTING AT TARGETS ON ESTAB-
 LISHED PUBLIC OR PRIVATE TARGET RANGES OR HUNTING, FISHING, OR  TRAPPING
 IN ACCORDANCE WITH THE ENVIRONMENTAL CONSERVATION LAW.
   §  2. Section 898-a of the general business law is amended by adding a
 new subdivision 7 to read as follows:
   7. "UNDERAGE INDIVIDUAL" MEANS AN INDIVIDUAL BELOW THE LAWFUL  AGE  TO
 PURCHASE, POSSESS, OR USE A QUALIFIED PRODUCT IN THE STATE.
   § 3. This act shall take effect immediately.

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