S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1048--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, KENNEDY, BAILEY, BENJAMIN, BRISPORT, COMRIE,
   GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KAPLAN,  KRUEGER,  LIU,  MAYER,
   PARKER, RAMOS, RIVERA, STAVISKY -- read twice and ordered printed, and
   when  printed  to be committed to the Committee on Consumer Protection
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06691-02-1

 S. 1048--A                          2
 
 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:
                              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, EITHER DIRECTLY OR INDIRECTLY,  MANU-
 FACTURE,  MARKET,  IMPORT OR OFFER FOR SALE ANY QUALIFIED PRODUCT IN NEW
 YORK STATE SHALL ESTABLISH AND UTILIZE REASONABLE  CONTROLS  AND  PROCE-
 DURES  TO  PREVENT  ITS  QUALIFIED  PRODUCTS FROM BEING POSSESSED, USED,
 MARKETED OR SOLD UNLAWFULLY IN NEW YORK STATE.  ALL  SUCH  GUN  INDUSTRY
 MEMBERS  SHALL ALSO REQUIRE DOWNSTREAM DISTRIBUTORS AND RETAILERS OF ITS
 QUALIFIED PRODUCTS TO INSTITUTE REASONABLE CONTROLS AND  PROCEDURES  AND
 TAKE REASONABLE STEPS TO ENSURE THEIR IMPLEMENTATION.
   §  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.
   3. THE ACTS OR OMISSIONS OF A GUN INDUSTRY MEMBER SHALL  CONSTITUTE  A
 PROXIMATE  CAUSE  OF THE PUBLIC NUISANCE IF THE HARM TO THE PUBLIC WAS A

 S. 1048--A                          3
 
 REASONABLY FORESEEABLE EFFECT OF SUCH ACTS OR OMISSIONS, NOTWITHSTANDING
 ANY INTERVENING ACTIONS, INCLUDING BUT NOT LIMITED TO  CRIMINAL  ACTIONS
 BY THIRD PARTIES.
   §  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 THE TOWN  ATTORNEY,  CITY  CORPORATION  COUNSEL,  OR  OTHER
 LAWFULLY  DESIGNATED  ENFORCEMENT  OFFICER  OF  A  MUNICIPALITY OR LOCAL
 GOVERNMENT, ON BEHALF OF THE LOCALITY, MAY BRING AN ACTION IN A COURT OF
 COMPETENT JURISDICTION 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
 BRING AN ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTICLE.
   §  3.  Severability clause. If any clause, sentence, paragraph, subdi-
 vision, 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.