Senate Bill S4420

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4420
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
                                                            LBD08738-01-5
 S. 4420                             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.