BILL NUMBER: S4432

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
advertisement of firearms as combat weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the advertisement of firearms as combat weapons.

 
SUMMARY OF PROVISIONS:

  Section  1 amends the General Business Law by adding a new section 396
to prohibit the advertisement of firearms to the general public for  the
purpose  of  suggesting  offensive assault and/or the illegal killing of
human beings.

  Section 2 sets forth the effective date.

 
              

JUSTIFICATION:

In the context of gun violence, the marketing of firearms contributes to
the glorification of violence by advertising militaristic  or  combative
characteristics of weapons.

In the case of the Sandy Hook Elementary mass shooting where 20 children
and  7 adults were killed, the victims" families assert the marketing of
the specific rifle was done in an unethical  and  inappropriate  manner.
which  incited violence by extolling militaristic and assaultive charac-
teristics of the firearm. It is argued that the marketing of the  weapon
for  "offensive  assault  missions"  perpetuated  a  means  for  extreme
violence. The marketing of the firearm  as  a  combat  weapon  may  have
directly  contributed  to  the misuse of the weapon as a means of perpe-
trating a mass shooting.

In 2017, a study by Corey H. Basch  of  the  New  Jersey  Department  of
Health  cited  that  exposure to regularly violent content translates to
aggressive behavior. During short term  exposure  to  such  violence,  a
certain  cognitive "priming" occurs that creates an instinctive response
to mimic observed violent behavior.

Through an act that  establishes  guidelines  on  how  firearms  may  be
marketed  for  legal use, we can assist in engaging in the fight against
gun violence and the misuse of firearms. Marketing firearms as  militar-
istic  combat  weapons rather than for sporting, self-defense, and hunt-
ing. may directly influence  the  illegal  misuse  of  said  weapons  As
lawmakers,  we  must  ensure  the safety and wellbeing of New Yorkers by
prohibiting incendiary advertisements of weapons as deadly combat  weap-
ons.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S733

2020: S8297

 
FISCAL IMPLICATIONS:
TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.