Senate Bill S2181

2019-2020 Legislative Session

Provides for compensation for injury or death caused by the negligent entrustment of a firearm

download bill text pdf

Sponsored By

Archive: Last 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-S2181 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5922
2021-2022: S3347
2023-2024: S1094

2019-S2181 (ACTIVE) - Summary

Provides for compensation for injury or death caused by the negligent entrustment of a firearm.

2019-S2181 (ACTIVE) - Sponsor Memo

2019-S2181 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2181
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sens.  BAILEY, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  providing
   for  compensation for injury or death caused by the negligent entrust-
   ment of a firearm

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  federal  Protection  of Lawful
 Commerce in Arms Act, 109 P.L. 92, 119 Stat. 2095, bars almost all civil
 actions or proceedings against manufacturers and  sellers  of  firearms,
 but  it provides an exemption for actions brought for negligent entrust-
 ment.  Negligent entrustment under the act  means  the  supplying  of  a
 firearm  by a seller for use by another person when the seller knows, or
 reasonably should know, the person to whom the product  is  supplied  is
 likely  to, and does, use the product in a manner involving unreasonable
 risk of physical injury to the person or others. It is the intent of the
 legislature to extend the negligent  entrustment  liability  of  firearm
 manufacturers  and sellers to the maximum extent allowable under federal
 law.
   § 2. The general obligations law is amended by adding  a  new  section
 11-108 to read as follows:
   §  11-108.  COMPENSATION  FOR  INJURY OR DEATH CAUSED BY THE NEGLIGENT
 ENTRUSTMENT OF A FIREARM. 1. ANY PERSON WHO IS INJURED IN PERSON,  PROP-
 ERTY,  MEANS OF SUPPORT, OR OTHERWISE BY THE USE OF A FIREARM SHALL HAVE
 A RIGHT OF ACTION AGAINST ANY PERSON OR ENTITY WHO CAUSED OR CONTRIBUTED
 TO THE INJURY THROUGH THE NEGLIGENT ENTRUSTMENT OF  A  FIREARM.  IN  ANY
 SUCH ACTION, THE INJURED PERSON SHALL HAVE A RIGHT TO RECOVER ACTUAL AND
 PUNITIVE DAMAGES.
   2.  IN CASE OF THE DEATH OF THE PERSON INJURED, THE ACTION OR RIGHT OF
 ACTION GIVEN BY THIS ACTION SHALL SURVIVE TO  HIS  OR  HER  EXECUTOR  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05610-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.