S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3943
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to  creat-
   ing a civil cause of action for the manufacture, sale, or distribution
   of assault weapons or ghost guns within the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 13-C to read as follows:
                               ARTICLE 13-C
                      CIVIL REMEDIES; GUN SAFETY LAWS
 SECTION 1360. DEFINITION.
         1361. ACTION TO RECOVER DAMAGES.
         1362. PROHIBITED DEFENSES.
         1363. AFFIRMATIVE DEFENSES.
         1364. CONSTRUCTION.
   § 1360. DEFINITION. FOR THE PURPOSES  OF  THIS  ARTICLE:  1.  "ASSAULT
 WEAPON"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVI-
 SION TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   2. "GHOST GUN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED  IN
 SUBDIVISION THIRTY-TWO OF SECTION 265.00 OF THE PENAL LAW.
   §  1361. ACTION TO RECOVER DAMAGES. 1. ANY PERSON, OTHER THAN AN OFFI-
 CER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY IN THIS STATE  MAY
 BRING A CIVIL CAUSE OF ACTION AGAINST ANY PERSON OR ENTITY WHO:
   (A) MANUFACTURES, DISTRIBUTES, OR SELLS ASSAULT WEAPONS OR GHOST GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE;
   (B)  AIDS AND ABETS AN INDIVIDUAL OR ENTITY IN MANUFACTURING, DISTRIB-
 UTING, OR SELLING ASSAULT WEAPONS OR GHOST GUNS, OR PARTS FOR  ANY  SUCH
 WEAPONS OR GHOST GUNS WITHIN THE STATE; OR
   (C)  INTENDS  TO  MANUFACTURE,  DISTRIBUTE, OR SELL ASSAULT WEAPONS OR
 GHOST GUNS WITHIN THE STATE OR AID AND ABET AN INDIVIDUAL OR  ENTITY  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07198-01-3
              

 A. 3943                             2
 
 MANUFACTURING,  DISTRIBUTING,  OR SELLING ASSAULT WEAPONS OR GHOST GUNS,
 OR PARTS FOR ANY SUCH WEAPONS OR GHOST GUNS WITHIN THE STATE.
   2.  (A)  IF A PLAINTIFF PREVAILS IN AN ACTION BROUGHT PURSUANT TO THIS
 SECTION, SUCH PLAINTIFF SHALL BE AWARDED INJUNCTIVE RELIEF SUFFICIENT TO
 PREVENT THE DEFENDANT FROM CONTINUING TO AID AND ABET ANY VIOLATION  THE
 PROVISIONS OF LAW SET FORTH IN SUBDIVISION ONE OF THIS SECTION, STATUTO-
 RY  DAMAGES  IN  AN  AMOUNT  NOT LESS THAN TEN THOUSAND DOLLARS FOR EACH
 VIOLATION OF SUCH PROVISIONS AND FOR ANY AIDING  AND  ABETTING  OF  SUCH
 PROVISIONS, AND ATTORNEY'S FEES AND OTHER COSTS ASSOCIATED WITH BRINGING
 SUCH CAUSE OF ACTION.
   (B)  A COURT MAY NOT AWARD RELIEF UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION IN RESPONSE TO A CAUSE OF ACTION BROUGHT PURSUANT TO  THIS  SECTION
 IF  THE  DEFENDANT  DEMONSTRATES THAT HE OR SHE PREVIOUSLY PAID THE FULL
 AMOUNT OF STATUTORY DAMAGES PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION  IN  A PREVIOUS ACTION FOR THAT PARTICULAR VIOLATION OF A PROVISION
 OF LAW AS SET FORTH IN SUBDIVISION  ONE  OF  THIS  SECTION  OR  FOR  THE
 PARTICULAR  AIDING  AND ABETTING THE VIOLATION OF A PROVISION OF LAW SET
 FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3. A PLAINTIFF MAY BRING A CAUSE OF ACTION PURSUANT  TO  THIS  SECTION
 WITHIN FOUR YEARS OF THE DATE OF THE VIOLATION OR AIDING AND ABETTING OF
 THE VIOLATION OF THE PROVISIONS OF LAW.
   4.  NOTWITHSTANDING  ANY OTHER LAW, THIS STATE, A STATE OFFICIAL, OR A
 DISTRICT OR COUNTY ATTORNEY MAY NOT INTERVENE IN AN ACTION BROUGHT UNDER
 THIS SECTION.  THIS SUBDIVISION DOES NOT PROHIBIT ANY SUCH  PERSON  FROM
 FILING AN AMICUS CURIAE BRIEF IN THE ACTION.
   5.  NOTWITHSTANDING  ANY  OTHER  LAW,  A  COURT MAY NOT AWARD COSTS OR
 ATTORNEY'S FEES TO A DEFENDANT IN AN ACTION  BROUGHT  PURSUANT  TO  THIS
 SECTION.
   §  1362.  PROHIBITED DEFENSES. THE FOLLOWING SHALL NOT BE A DEFENSE TO
 AN ACTION BROUGHT PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-ONE OF THIS
 ARTICLE:
   1. IGNORANCE OR MISTAKE OF LAW;
   2. A DEFENDANT'S BELIEF THAT THE REQUIREMENTS OF THIS SECTION  ARE  OR
 WERE UNCONSTITUTIONAL;
   3.  A DEFENDANT'S RELIANCE ON ANY STATE OR FEDERAL COURT DECISION THAT
 IS NOT BINDING ON THE COURT IN WHICH THE ACTION HAS BEEN BROUGHT;
   4. A DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT  HAS  BEEN  OVER-
 RULED  ON APPEAL OR BY A SUBSEQUENT COURT, EVEN IF SUCH DECISION HAS NOT
 BEEN OVERRULED WHEN THE DEFENDANT VIOLATED, AIDED OR ABETTED IN  VIOLAT-
 ING, OR INTENDED TO VIOLATE THE PROVISIONS OF SUBDIVISION ONE OF SECTION
 THIRTEEN HUNDRED SIXTY-ONE OF THIS ARTICLE;
   5. NON-MUTUAL PRECLUSION OR NON-MUTUAL CLAIM PRECLUSION; OR
   6. ANY CLAIM THAT THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION OR
 THE IMPOSITION OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE THE
 CONSTITUTIONAL RIGHTS OF THIRD PARTIES.
   §  1363.  AFFIRMATIVE  DEFENSES. 1. THE FOLLOWING SHALL BE AFFIRMATIVE
 DEFENSES TO AN ACTION  BROUGHT  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SIXTY-ONE OF THIS ARTICLE:
   (A) A DEFENDANT WHO AIDED OR ABETTED A VIOLATION OF ONE OR MORE OF THE
 PROVISIONS  OF  SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-ONE OF
 THIS ARTICLE REASONABLY BELIEVED, AFTER CONDUCTING A REASONABLE INVESTI-
 GATION, THAT AN INDIVIDUAL VIOLATING SUCH PROVISION  OR  PROVISIONS  HAD
 COMPLIED OR WOULD COMPLY WITH SUCH LAWS; OR
   (B) A DEFENDANT WHO INTENDED TO VIOLATE OR AID AND ABET A VIOLATION OF
 ONE  OR  MORE  OF  THE PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTEEN
 HUNDRED SIXTY-ONE OF THIS ARTICLE REASONABLY BELIEVED, AFTER  CONDUCTING
 A. 3943                             3
 
 A  REASONABLE INVESTIGATION, THAT AN INDIVIDUAL VIOLATING SUCH PROVISION
 OR PROVISIONS WOULD COMPLY WITH SUCH LAWS.
   2.  THE  DEFENDANT  SHALL  HAVE  THE  BURDEN OF PROVING AN AFFIRMATIVE
 DEFENSE UNDER SUBDIVISION ONE OF THIS SECTION.
   § 1364. CONSTRUCTION. THIS ARTICLE MAY  NOT  BE  CONSTRUED  TO  IMPOSE
 LIABILITY  ON  ANY SPEECH OR CONDUCT PROTECTED BY THE FIRST AMENDMENT OF
 THE UNITED STATES CONSTITUTION.
   § 2. This act shall take effect immediately.