NY State Senate Bill 2021-S7196

Senate Bill S7196

Signed By Governor

2021-2022 Legislative Session

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2021	signed chap.237 delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.591 substituted for a6762b referred to codes delivered to assembly passed senate
Jun 07, 2021	ordered to third reading cal.1613
Jun 05, 2021	referred to rules

Votes

- Jun 8, 2021 - Floor Vote
  S7196
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 7, 2021 - Rules Committee Vote
  S7196
  
  14
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (7)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie

co-Sponsors

2021-S7196 (ACTIVE) - Details

See Assembly Version of this Bill:: A6762
Law Section:: General Business Law
Laws Affected:: Add Art 39-DDDD §§898-a - 898-e, Gen Bus L

2021-S7196 (ACTIVE) - Summary

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.

2021-S7196 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7196

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the dangers to
safety and health and creation of a public nuisance caused by the sale,
manufacturing, distribution, importing and marketing of firearms

 
PURPOSE:

To regulate the sale, manufacture, importation and marketing of firearms
in relation to creating or maintaining a condition that endangers safety
or health through the sale, manufacturing, importing or marketing of
firearms within the guidelines of City of New York v Beretta USA Corp.,
524 F3d 384 (2d Cir. 2008).

 
SUMMARY OF PROVISIONS:

This bill amends the General Business Law by adding new Article 39-DDDD.

Section 1: Contains Legislative findings and intent.

Section 2: Defines several terms that appear in the bill including
"deceptive acts or practices," "reasonable controls and procedures",
"false advertising", "gun industry member", the terms "knowingly" and
"recklessly", and "qualified product". (§ 898-a 1, 2, 3, 4, 5 and 6).

Section 2 provides further that no gun industry member, as that term is
defined in the bill, shall create or maintain a condition that endangers
safety or health of the public through the sale, manufacturing, import-
ing, or marketing of a "qualified product" as defined in 15 U.S.C.
section 7903(4). ((§ 898-b 1 and 2).

Section 2 also declares that a violation of the new article that results
in harm to the public is a public nuisance regardless of whether the gun
industry member acted for the purpose of causing harm to the public (§
898-c 1 and 2).

Section 2 further provides for enforcement by the attorney general in
the name of the people of the state of New York or by any city corpo-
ration counsel on behalf of the locality (§ 898-d) and also provides for
a private right of action by any person, firm, corporation, or associ-
ation that has been damaged as a result of a gun industry member's acts
or omissions (§ 898-e).

Section 3: Severability clause.

Section 4. Provides that the act takes effect immediately.

 
JUSTIFICATION:

Virtually every illegal firearm was once legal. Our country is awash
with legal and illegal firearms and the People are paying the price in
money and misery wrought by the illegal use of legal firearms.  This
unacceptable situation poses specific harm to New Yorkers based largely
on their zip code and certain immutable characteristics such as race and
ethnicity. Given the ease with which legal firearms flow into the ille-
gal market -- in spite of stringent state and local restrictions -- and
given the specific harm illegal firearm violence causes certain New
Yorkers, those responsible for the sale, manufacture, importing, or
marketing of firearms should be held liable for the public nuisance
caused by such activities. This bill has been drafted to comport with
the Protection of Lawful Commerce in Arms Act (18 USC 5 921) as
construed by the United States Court of Appeals for the Second Circuit
in City of New York v Beretta USA Corp., 524 F3d 384 (2d Cir 2008).
Through the PLCAA, the firearms industry is shielded from civil liabil-
ity except when the basis for that liability is a "predicate statute"
that is applicable to the sale or marketing of firearms. With the
passage of this bill, it is our hope that the right of the People to
hold the firearms industry accountable will be restored.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7196
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 the dangers  to
   safety  and  health  and  creation  of a public nuisance caused by the
   sale, manufacturing, distribution, importing and marketing of firearms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that the illegal use of firearms not  only  constitutes  a  public
 nuisance  as  declared  in  article  400  of the penal law, but that the
 effects of such nuisance contribute to the public health crisis  of  gun
 violence  in  this state as declared by the legislature in the 2021-2022
 legislative session. This nuisance poses specific harm  to  New  Yorkers
 based  largely  on  their zip code and certain immutable characteristics
 such as race and ethnicity.  Illegal firearm violence has disproportion-
 ately affected underserved black and brown neighborhoods in  our  cities
 and  throughout the state despite stringent state and local laws against
 the illegal possession of firearms while, according  to  the  Bureau  of
 Alcohol,  Tobacco,  Firearms  and Explosives statistics, 74% of firearms
 used in crimes in New York are purchased outside of New York. Thus,  the
 legislature  further  finds  that given the ease at which legal firearms
 flow into the illegal  market,  and  given  the  specific  harm  illegal
 firearm  violence  causes certain New Yorkers, those responsible for the
 illegal or unreasonable sale, manufacture,  distribution,  importing  or
 marketing  of firearms may be held liable for the public nuisance caused
 by such activities.   Additionally, many  New  Yorkers,  including  many
 children,  are  gravely  injured  or  killed  unintentionally due to the
 firearm industry's failure to implement reasonable safety  measures  and
 the legislature finds that this failure also warrants liability.
   §  2.  The  general  business  law  is amended by adding a new article
 39-DDDD to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06691-06-1

 S. 7196                             2
 
                              ARTICLE 39-DDDD
         SALE, MANUFACTURING, IMPORTING AND MARKETING OF FIREARMS
 SECTION 898-A. DEFINITIONS.
         898-B. PROHIBITED ACTIVITIES.
         898-C. PUBLIC NUISANCE.
         898-D. ENFORCEMENT.
         898-E. PRIVATE RIGHT OF ACTION.
   §  898-A.  DEFINITIONS.  FOR  PURPOSES  OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DECEPTIVE ACTS OR  PRACTICES"  SHALL  HAVE  THE  SAME  MEANING  AS
 DEFINED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   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.
   3. "FALSE ADVERTISING" SHALL HAVE THE SAME MEANING AS DEFINED IN ARTI-
 CLE TWENTY-TWO-A OF THIS CHAPTER.
   4.  "GUN  INDUSTRY  MEMBER"  SHALL  MEAN  A PERSON, FIRM, CORPORATION,
 COMPANY, PARTNERSHIP, SOCIETY, JOINT STOCK COMPANY OR ANY  OTHER  ENTITY
 OR ASSOCIATION ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORT-
 ING  OR  MARKETING  OF  FIREARMS,  AMMUNITION, AMMUNITION MAGAZINES, AND
 FIREARMS ACCESSORIES.
   5. THE TERMS "KNOWINGLY" AND "RECKLESSLY" SHALL HAVE THE SAME  MEANING
 AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   6.  "QUALIFIED  PRODUCT"  SHALL HAVE THE SAME MEANING AS DEFINED IN 15
 U.S.C. SECTION 7903(4).
   § 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.
   §  898-C. PUBLIC NUISANCE. 1. A VIOLATION OF SUBDIVISION ONE OR TWO OF
 SECTION EIGHT HUNDRED NINETY-EIGHT-B OF THIS  ARTICLE  THAT  RESULTS  IN
 HARM TO THE PUBLIC SHALL HEREBY BE DECLARED TO BE A PUBLIC NUISANCE.
   2.  THE EXISTENCE OF A PUBLIC NUISANCE SHALL NOT DEPEND ON WHETHER THE
 GUN INDUSTRY MEMBER ACTED FOR THE PURPOSE OF CAUSING HARM TO THE PUBLIC.
   § 898-D. ENFORCEMENT.  WHENEVER THERE SHALL BE  A  VIOLATION  OF  THIS
 ARTICLE, THE ATTORNEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW  YORK,  OR A CITY CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY
 BRING AN ACTION IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO ENJOIN
 AND RESTRAIN SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   § 898-E. PRIVATE RIGHT OF ACTION. ANY  PERSON,  FIRM,  CORPORATION  OR
 ASSOCIATION THAT HAS BEEN DAMAGED AS A RESULT OF A GUN INDUSTRY MEMBER'S
 ACTS  OR  OMISSIONS  IN  VIOLATION  OF THIS ARTICLE SHALL BE ENTITLED TO

 S. 7196                             3
 
 BRING AN ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE  THIS  ARTICLE  IN
 THE SUPREME COURT OR FEDERAL DISTRICT COURT.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  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,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately.

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Senate Bill S7196

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Sponsored By

Zellnor Myrie