S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5628
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the general business law and the civil practice law  and
   rules,  in  relation  to  establishing  a  private cause of action for
   certain violations regarding machine-guns, assault weapons,  disguised
   guns, ghost guns, and unfinished frames or receivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 39-DDDDD to read as follows:
                             ARTICLE 39-DDDDD
 MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS AND UNFINISHED
                            FRAMES OR RECEIVERS
 SECTION 898-J. DEFINITIONS.
         898-K. PROHIBITIONS.
         898-L. EXCEPTIONS.
         898-M. ENFORCEMENT.
         898-N. PRIVATE CAUSE OF ACTION.
         898-O. DEFENSES.
         898-P. CONSTRUCTION.
         898-Q. VENUE.
         898-R. SOVEREIGN IMMUNITY.
         898-S. SEVERABILITY.
   § 898-J. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ASSAULT WEAPON" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
   2. "DISGUISED GUN" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 265.00 OF THE PENAL LAW.
   3.  "GHOST  GUN"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09488-01-3
              

 S. 5628                             2
 
   4. "MACHINE-GUN" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SECTION
 265.00 OF THE PENAL LAW.
   5.  "UNFINISHED  FRAME  OR  RECEIVER"  SHALL  HAVE THE SAME MEANING AS
 DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 898-K. PROHIBITIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE
 CONTRARY,  NO  PERSON  WITHIN THE STATE SHALL MANUFACTURE OR CAUSE TO BE
 MANUFACTURED, DISTRIBUTE, TRANSPORT, OR IMPORT INTO THE STATE, OR  CAUSE
 TO  BE  DISTRIBUTED,  TRANSPORTED,  OR IMPORTED INTO THE STATE, KEEP FOR
 SALE, OFFER OR EXPOSE FOR  SALE,  OR  GIVE  OR  LEND,  ANY  MACHINE-GUN,
 ASSAULT WEAPON, DISGUISED GUN OR GHOST GUN, EXCEPT AS PROVIDED IN SUBDI-
 VISIONS FOUR AND FIVE OF THIS SECTION AND IN SECTION EIGHT HUNDRED NINE-
 TY-EIGHT-L OF THIS ARTICLE.
   2.  NO PERSON WITHIN THE STATE MAY MANUFACTURE OR CAUSE TO BE MANUFAC-
 TURED, DISTRIBUTE, TRANSPORT, OR IMPORT INTO THE STATE, OR CAUSE  TO  BE
 DISTRIBUTED  OR  TRANSPORTED  OR IMPORTED INTO THE STATE, KEEP FOR SALE,
 OFFER OR EXPOSE FOR SALE, OR GIVE  OR  LEND,  ANY  UNFINISHED  FRAME  OR
 RECEIVER. THIS SUBDIVISION SHALL NOT APPLY TO A MANUFACTURER OR IMPORTER
 OF  FIREARMS  LICENSED  PURSUANT  TO CHAPTER 44 (COMMENCING WITH SECTION
 921) OF PART I OF TITLE 18 OF THE UNITED  STATES  CODE,  AND  THE  REGU-
 LATIONS ISSUED PURSUANT THERETO, EXCEPT THAT THE MANUFACTURER OR IMPORT-
 ER SHALL NOT PERFORM ANY OF THE ACTS PROHIBITED BY THIS SUBDIVISION WITH
 RESPECT  TO A KIT OF FIREARM PRECURSOR PARTS CONTAINING ALL PARTS NECES-
 SARY TO CONSTRUCT A FUNCTIONING FIREARM.
   3. THE PROHIBITIONS DESCRIBED IN SUBDIVISIONS  ONE  AND  TWO  OF  THIS
 SECTION  APPLY WHETHER OR NOT THE MACHINE-GUN, ASSAULT WEAPON, DISGUISED
 GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS MISUSED OR IS INTENDED
 TO BE MISUSED IN A CRIMINAL OR UNLAWFUL MANNER.
   4. SUBDIVISIONS ONE AND TWO OF THIS SECTION DO NOT APPLY TO  THE  SALE
 OF A MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN OR UNFINISHED
 FRAME  OR  RECEIVER TO, OR THE PURCHASE, TRANSPORT, IMPORTATION, SALE OR
 OTHER TRANSFER,  OR  MANUFACTURE  OF,  A  MACHINE-GUN,  ASSAULT  WEAPON,
 DISGUISED  GUN,  GHOST  GUN  OR UNFINISHED FRAME OR RECEIVER BY, ANY LAW
 ENFORCEMENT AGENCY, PUBLIC ENTITY THAT EMPLOYS PEACE  OFFICERS,  OR  ANY
 AUTHORIZED  LAW  ENFORCEMENT  REPRESENTATIVE  THEREOF, IF THAT PERSON OR
 ENTITY IS NOT PROHIBITED BY LAW FROM POSSESSING A  MACHINE-GUN,  ASSAULT
 WEAPON,  DISGUISED  GUN,  GHOST  GUN  OR  UNFINISHED  FRAME OR RECEIVER,
 INCLUDING, WITHOUT LIMITATION, ANY STATE OR LOCAL LAW ENFORCEMENT  AGEN-
 CY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE DEPART-
 MENT OF CORRECTIONS OF ANY MUNICIPALITY, THE MILITARY OR NAVAL FORCES OF
 THIS STATE OR OF THE UNITED STATES, A LAW ENFORCEMENT OR MILITARY AGENCY
 OF  ANOTHER  STATE,  ANY  FEDERAL LAW ENFORCEMENT AGENCY, OR ANY FOREIGN
 GOVERNMENT OR AGENCY APPROVED BY THE UNITED STATES DEPARTMENT OF  STATE,
 FOR USE IN THE DISCHARGE OF THE OFFICIAL DUTIES OF SUCH ENTITIES.
   5.  SUBDIVISIONS  ONE AND TWO OF THIS SECTION DO NOT APPLY TO A PERSON
 WHO IS THE EXECUTOR OR  ADMINISTRATOR  OF  AN  ESTATE  THAT  INCLUDES  A
 MACHINE-GUN,  ASSAULT  WEAPON,  DISGUISED  GUN,  GHOST GUN OR UNFINISHED
 FRAME OR RECEIVER, THAT IS DISPOSED OF  AS  AUTHORIZED  BY  THE  PROBATE
 COURT,  IF  THE  DISPOSITION  IS  OTHERWISE  PERMITTED  PURSUANT  TO THE
 PROVISIONS OF SECTION 265.20 OF THE PENAL LAW.
   § 898-L. EXCEPTIONS. 1. NOTWITHSTANDING SECTION EIGHT HUNDRED  NINETY-
 EIGHT-K  OF  THIS  ARTICLE,  ANY GUNSMITH OR DEALER IN FIREARMS LICENSED
 PURSUANT TO SECTION 400.00 OF THE PENAL LAW MAY TAKE POSSESSION  OF  ANY
 MACHINE-GUN  OR  ASSAULT  WEAPON  FROM  ANY PERSON TO WHOM IT IS LEGALLY
 REGISTERED OR WHO HAS BEEN ISSUED A PERMIT TO  POSSESS  IT  PURSUANT  TO
 ARTICLE  FOUR  HUNDRED  OF  THE PENAL LAW, OR OF ANY UNFINISHED FRAME OR
 RECEIVER, FOR THE PURPOSES OF SERVICING OR REPAIR.
 S. 5628                             3
 
   2. NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS  ARTI-
 CLE,  ANY  GUNSMITH  OR  DEALER IN FIREARMS LICENSED PURSUANT TO SECTION
 400.00 OF THE PENAL LAW MAY  TRANSFER  POSSESSION  OF  ANY  MACHINE-GUN,
 ASSAULT  WEAPON,  OR  UNFINISHED  FRAME OR RECEIVER RECEIVED PURSUANT TO
 SUBDIVISION  ONE  OF  THIS  SECTION,  TO A GUNSMITH LICENSED PURSUANT TO
 SECTION 400.00 OF THE PENAL LAW FOR PURPOSES OF REPAIRING  OR  SERVICING
 SUCH  MACHINE-GUN,  ASSAULT  WEAPON,  OR UNFINISHED FRAME OR RECEIVER. A
 TRANSFER IS PERMISSIBLE ONLY TO THE FOLLOWING PERSONS:
   (A) A GUNSMITH EMPLOYED BY THE DEALER.
   (B) A GUNSMITH WITH WHOM THE DEALER  HAS  CONTRACTED  FOR  GUNSMITHING
 SERVICES.
   3.  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS SECTION APPLIES ONLY IF
 THE GUNSMITH RECEIVING THE MACHINE-GUN, ASSAULT  WEAPON,  OR  UNFINISHED
 FRAME OR RECEIVER PART MEETS BOTH OF THE FOLLOWING QUALIFICATIONS:
   (A) THE GUNSMITH HOLDS A DEALER LICENSE ISSUED PURSUANT TO CHAPTER 44
   (COMMENCING  WITH  SECTION  921) OF TITLE 18 OF THE UNITED STATES CODE
 AND THE REGULATIONS ISSUED PURSUANT THERETO.
   (B) THE GUNSMITH HOLDS ANY BUSINESS LICENSE REQUIRED  BY  A  STATE  OR
 LOCAL GOVERNMENTAL ENTITY.
   4. IN ADDITION TO THE USES PERMITTED IN SECTION 265.20 OR ARTICLE FOUR
 HUNDRED  OF  THE  PENAL LAW, ANY GUNSMITH OR DEALER IN FIREARMS LICENSED
 PURSUANT TO SECTION 400.00 OF THE PENAL LAW  WHO  LAWFULLY  POSSESSES  A
 MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR RECEIVER PART PURSU-
 ANT TO THOSE PROVISIONS MAY DO EITHER OF THE FOLLOWING:
   (A)  TRANSPORT THE MACHINE-GUN, ASSAULT WEAPON, OR UNFINISHED FRAME OR
 RECEIVER BETWEEN DEALERS OR OUT OF THE STATE IF THAT PERSON IS PERMITTED
 PURSUANT TO THE NATIONAL FIREARMS ACT. ANY TRANSPORTING ALLOWED BY  THIS
 SECTION OR SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE SHALL BE
 IN  COMPLIANCE  WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF
 THE PENAL LAW.
   (B) SELL THE MACHINE-GUN,  ASSAULT  WEAPON,  OR  UNFINISHED  FRAME  OR
 RECEIVER TO A RESIDENT OUTSIDE THE STATE.
   5.  NOTWITHSTANDING SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTI-
 CLE, ANY INDIVIDUAL MAY, PROVIDED THAT THE MACHINE-GUN, ASSAULT  WEAPON,
 DISGUISED  GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER IS TRANSPORTED
 IN COMPLIANCE WITH ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR  HUNDRED  OF
 THE PENAL LAW, DO ANY OF THE FOLLOWING:
   (A)  ARRANGE  IN  ADVANCE TO RELINQUISH A MACHINE-GUN, ASSAULT WEAPON,
 DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO A POLICE  OR
 SHERIFF'S DEPARTMENT.
   (B)   SELL,  DELIVER,  OR  TRANSFER  A  MACHINE-GUN,  ASSAULT  WEAPON,
 DISGUISED GUN, GHOST GUN OR UNFINISHED FRAME OR RECEIVER TO  AN  AUTHOR-
 IZED REPRESENTATIVE OF A CITY, CITY AND COUNTY, COUNTY, OR STATE GOVERN-
 MENT,  OR OF THE FEDERAL GOVERNMENT, PROVIDED THAT THE ENTITY IS ACQUIR-
 ING THE WEAPON AS PART OF AN AUTHORIZED, VOLUNTARY PROGRAM IN WHICH  THE
 ENTITY IS BUYING OR RECEIVING WEAPONS FROM PRIVATE INDIVIDUALS.
   (C) TRANSFER, RELINQUISH, OR DISPOSE OF A MACHINE-GUN, ASSAULT WEAPON,
 DISGUISED  GUN,  GHOST GUN OR UNFINISHED FRAME OR RECEIVER IN COMPLIANCE
 WITH THE REQUIREMENTS OF SECTION 370.25 OF THE CRIMINAL PROCEDURE LAW.
   § 898-M. ENFORCEMENT. 1. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE
 CONTRARY, THE REQUIREMENTS OF THIS ARTICLE SHALL BE ENFORCED EXCLUSIVELY
 THROUGH  THE  PRIVATE  CIVIL  ACTIONS DESCRIBED IN SECTION EIGHT HUNDRED
 NINETY-EIGHT-N OF THIS ARTICLE. NO ENFORCEMENT OF THIS  ARTICLE  MAY  BE
 TAKEN  OR  THREATENED BY THE STATE, A POLITICAL SUBDIVISION, A DISTRICT,
 COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR  ADMINISTRATIVE  OFFICER  OR
 EMPLOYEE  OF  THE  STATE  OR A POLITICAL SUBDIVISION AGAINST ANY PERSON,
 S. 5628                             4
 
 EXCEPT AS PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTI-
 CLE.
   2.  THE  FACT THAT CONDUCT VIOLATES THIS ARTICLE SHALL NOT BE AN INDE-
 PENDENT BASIS FOR ENFORCEMENT OF ANY OTHER LAW OF  THIS  STATE,  OR  THE
 DENIAL, REVOCATION, SUSPENSION, OR WITHHOLDING OF ANY RIGHT OR PRIVILEGE
 CONFERRED  BY  THE  LAW  OF  THIS STATE OR A POLITICAL SUBDIVISION, OR A
 THREAT TO DO THE SAME, BY THE STATE, A POLITICAL SUBDIVISION, A DISTRICT
 OR COUNTY OR CITY ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
 EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION, OR  A  BOARD,  COMMIS-
 SION, OR SIMILAR BODY ASSIGNED AUTHORITY TO DO SO UNDER LAW, AGAINST ANY
 PERSON,  EXCEPT  AS  PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-N OF
 THIS ARTICLE. NOR SHALL ANY CIVIL ACTION PREDICATED UPON A VIOLATION  OF
 THIS  ARTICLE  BE  BROUGHT  BY  THE  STATE,  A  POLITICAL SUBDIVISION, A
 DISTRICT, COUNTY OR CITY ATTORNEY, OR  AN  EXECUTIVE  OR  ADMINISTRATIVE
 OFFICER  OR EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION. FOR AVOID-
 ANCE OF DOUBT, THE RIGHTS AND PRIVILEGES DESCRIBED BY  THIS  SUBDIVISION
 INCLUDE,  BUT  ARE  NOT  LIMITED  TO,  ANY BUSINESS LICENSES AND PERMITS
 ISSUED PURSUANT TO THIS CHAPTER OR ANY LICENSES ISSUED PURSUANT TO ARTI-
 CLE FOUR HUNDRED OF  THE  PENAL  LAW.  THIS  SUBDIVISION  SHALL  NOT  BE
 CONSTRUED  TO  PREVENT  OR LIMIT ENFORCEMENT OF ANY OTHER LAW REGULATING
 CONDUCT THAT ALSO VIOLATES THIS ARTICLE, INCLUDING, BUT NOT LIMITED  TO,
 ARTICLES TWO HUNDRED SIXTY-FIVE AND FOUR HUNDRED OF THE PENAL LAW.
   3.  SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT BE CONSTRUED TO
 DO ANY OF THE FOLLOWING:
   (A) LEGALIZE THE CONDUCT PROHIBITED BY THIS CHAPTER OR  BY  THE  PENAL
 LAW.
   (B)  WAIVE  ANY REQUIREMENTS PRESCRIBED IN ARTICLE FOUR HUNDRED OF THE
 PENAL LAW.
   (C) LIMIT OR AFFECT  THE  AVAILABILITY  OF  A  REMEDY  ESTABLISHED  BY
 SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE.
   (D)  LIMIT  THE  ENFORCEABILITY  OF  ANY  OTHER  LAWS THAT REGULATE OR
 PROHIBIT  ANY  CONDUCT  RELATING  TO  MACHINE-GUNS,   ASSAULT   WEAPONS,
 DISGUISED GUNS, GHOST GUNS, OR UNFINISHED FRAMES OR RECEIVERS.
   § 898-N. PRIVATE CAUSE OF ACTION. 1. ANY PERSON, OTHER THAN AN OFFICER
 OR  EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL ENTITY IN THE STATE, SHALL
 HAVE A PRIVATE CAUSE OF ACTION AGAINST ANY PERSON WHO DOES  ANY  OF  THE
 FOLLOWING:
   (A)  KNOWINGLY  VIOLATES  SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS
 ARTICLE.
   (B) KNOWINGLY ENGAGES IN CONDUCT THAT AIDS OR  ABETS  A  VIOLATION  OF
 SECTION  EIGHT  HUNDRED  NINETY-EIGHT-K  OF  THIS ARTICLE, REGARDLESS OF
 WHETHER THE PERSON KNEW OR SHOULD HAVE KNOWN THAT THE  PERSON  AIDED  OR
 ABETTED WOULD BE VIOLATING SUCH SECTION.
   (C)  KNOWINGLY COMMITS AN ACT WITH THE INTENT TO ENGAGE IN THE CONDUCT
 DESCRIBED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   2. IF A CLAIMANT PREVAILS IN AN ACTION BROUGHT UNDER THIS SECTION, THE
 COURT SHALL AWARD ALL OF THE FOLLOWING:
   (A) INJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE DEFENDANT FROM VIOLAT-
 ING THIS ARTICLE OR ENGAGING IN ACTS THAT AID OR ABET VIOLATIONS OF THIS
 ARTICLE.
   (B) STATUTORY DAMAGES IN AN AMOUNT  OF  NOT  LESS  THAN  TEN  THOUSAND
 DOLLARS  FOR EACH MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN, GHOST GUN,
 OR UNFINISHED FRAME OR RECEIVER  AS  TO  WHICH  THE  DEFENDANT  VIOLATED
 SECTION  EIGHT  HUNDRED  NINETY-EIGHT-K  OF  THIS  ARTICLE, AND FOR EACH
 MACHINE-GUN, ASSAULT WEAPON, DISGUISED GUN,  GHOST  GUN,  OR  UNFINISHED
 S. 5628                             5
 
 FRAME OR RECEIVER AS TO WHICH THE DEFENDANT AIDED OR ABETTED A VIOLATION
 OF SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
   (C) ATTORNEY'S FEES AND COSTS.
   3.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A COURT SHALL NOT
 AWARD RELIEF UNDER THIS SECTION IN RESPONSE TO A VIOLATION OF THIS ARTI-
 CLE IF THE DEFENDANT DEMONSTRATES THAT SUCH  DEFENDANT  PREVIOUSLY  PAID
 THE  FULL  AMOUNT  OF  ANY  MONETARY AWARD UNDER SUBDIVISION TWO OF THIS
 SECTION IN A PREVIOUS  ACTION  FOR  EACH  MACHINE-GUN,  ASSAULT  WEAPON,
 DISGUISED  GUN,  GHOST  GUN, OR UNFINISHED FRAME OR RECEIVER AS TO WHICH
 THE DEFENDANT VIOLATED, OR AIDED OR  ABETTED  A  VIOLATION  OF,  SECTION
 EIGHT HUNDRED NINETY-EIGHT-K OF THIS ARTICLE.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CAUSE
 OF  ACTION UNDER THIS SECTION SHALL BE EXTINGUISHED UNLESS THE ACTION IS
 BROUGHT NOT LATER THAN FOUR YEARS AFTER SUCH CAUSE OF ACTION ACCRUES.
   5. AN ACT OR OMISSION IN VIOLATION OF SECTION  EIGHT  HUNDRED  NINETY-
 EIGHT-K  OF  THIS ARTICLE SHALL BE DEEMED AN INJURY IN FACT TO ALL RESI-
 DENTS OF, AND VISITORS TO, THIS STATE, AND ANY SUCH  PERSON  SHALL  HAVE
 STANDING TO BRING A CIVIL ACTION PURSUANT TO THIS SECTION.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
 THE FOLLOWING IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION:
   (A) A DEFENDANT'S IGNORANCE OR MISTAKE OF LAW.
   (B)  A  DEFENDANT'S  BELIEF  THAT THE REQUIREMENTS OF THIS ARTICLE ARE
 UNCONSTITUTIONAL OR WERE UNCONSTITUTIONAL.
   (C) A DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT HAS  BEEN  OVER-
 RULED  ON  APPEAL  OR BY A SUBSEQUENT COURT, EVEN IF THAT COURT DECISION
 HAD NOT BEEN OVERRULED  WHEN  THE  DEFENDANT  ENGAGED  IN  CONDUCT  THAT
 VIOLATES THIS ARTICLE.
   (D) 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.
   (E) NONMUTUAL ISSUE PRECLUSION OR NONMUTUAL CLAIM PRECLUSION.
   (F)  ANY  CLAIM THAT THE ENFORCEMENT OF THIS ARTICLE OR THE IMPOSITION
 OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE  A  CONSTITUTIONAL
 RIGHT OF A THIRD PARTY.
   (G)  A DEFENDANT'S ASSERTION THAT THIS ARTICLE PROSCRIBES CONDUCT THAT
 IS SEPARATELY PROHIBITED BY THE PENAL LAW  OR  ANY  OTHER  LAW  OF  THIS
 STATE,  OR  THAT  THIS  ARTICLE  PROSCRIBES CONDUCT BEYOND THAT WHICH IS
 ALREADY PROHIBITED BY THE PENAL LAW OR ANY OTHER LAW OF THIS STATE.
   (H) ANY CLAIM THAT THE MACHINE-GUN,  ASSAULT  WEAPON,  DISGUISED  GUN,
 GHOST  GUN, OR UNFINISHED FRAME OR RECEIVER AT ISSUE WAS NOT MISUSED, OR
 WAS NOT INTENDED TO BE MISUSED, IN A CRIMINAL OR UNLAWFUL MANNER.
   7. (A) BOTH OF THE FOLLOWING ARE AFFIRMATIVE  DEFENSES  TO  AN  ACTION
 BROUGHT UNDER THIS SECTION:
   (I)  A  PERSON  SUED  UNDER  PARAGRAPH  (B) OF SUBDIVISION ONE OF THIS
 SECTION REASONABLY BELIEVED,  AFTER  CONDUCTING  A  REASONABLE  INVESTI-
 GATION,  THAT  THE PERSON AIDED OR ABETTED WAS COMPLYING WITH THIS ARTI-
 CLE.
   (II) A PERSON SUED UNDER PARAGRAPH (C)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  REASONABLY  BELIEVED,  AFTER  CONDUCTING  A REASONABLE INVESTI-
 GATION, THAT THE PERSON WAS COMPLYING WITH THIS ARTICLE OR WAS AIDING OR
 ABETTING ANOTHER WHO WAS COMPLYING WITH THIS ARTICLE.
   (B) THE DEFENDANT HAS THE BURDEN OF  PROVING  AN  AFFIRMATIVE  DEFENSE
 UNDER THIS SUBDIVISION BY A PREPONDERANCE OF THE EVIDENCE.
   8.  THIS  SECTION  SHALL  NOT  BE CONSTRUED TO IMPOSE LIABILITY ON ANY
 SPEECH OR CONDUCT PROTECTED BY THE FIRST AMENDMENT TO THE UNITED  STATES
 CONSTITUTION,  AS  MADE  APPLICABLE TO THE STATES THROUGH THE FOURTEENTH
 S. 5628                             6
 
 AMENDMENT TO THE UNITED STATES CONSTITUTION, OR BY SECTION 8 OF  ARTICLE
 I OF THE NEW YORK CONSTITUTION.
   9.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
 STATE, A STATE OFFICIAL, OR A DISTRICT, COUNTY, OR CITY  ATTORNEY  SHALL
 NOT  INTERVENE  IN  AN  ACTION BROUGHT UNDER THIS SECTION. HOWEVER, THIS
 SUBDIVISION DOES NOT PROHIBIT A PERSON  DESCRIBED  BY  THIS  SUBDIVISION
 FROM FILING AN AMICUS CURIAE BRIEF IN THE ACTION.
   10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, A
 COURT SHALL NOT AWARD ATTORNEY'S FEES OR COSTS  TO  A  DEFENDANT  IN  AN
 ACTION BROUGHT UNDER THIS SECTION.
   11.  AN ACTION PURSUANT TO THIS SECTION SHALL NOT BE BROUGHT AGAINST A
 FEDERAL GOVERNMENT, STATE, POLITICAL SUBDIVISION, OR AN  EMPLOYEE  OF  A
 FEDERAL GOVERNMENT, STATE, OR POLITICAL SUBDIVISION ON THE BASIS OF ACTS
 OR OMISSIONS IN THE COURSE OF DISCHARGE OF OFFICIAL DUTIES.
   §  898-O.  DEFENSES.  1. A DEFENDANT AGAINST WHOM AN ACTION IS BROUGHT
 UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF THIS ARTICLE DOES NOT HAVE
 STANDING TO ASSERT THE RIGHT OF ANOTHER INDIVIDUAL TO KEEP AND BEAR ARMS
 UNDER THE SECOND AMENDMENT  TO  THE  UNITED  STATES  CONSTITUTION  AS  A
 DEFENSE  TO  LIABILITY UNDER SUCH SECTION UNLESS EITHER OF THE FOLLOWING
 IS TRUE:
   (A) THE UNITED STATES SUPREME COURT HOLDS  THAT  THE  COURTS  OF  THIS
 STATE  MUST  CONFER STANDING ON THAT DEFENDANT TO ASSERT THE THIRD-PARTY
 RIGHTS OF OTHER INDIVIDUALS IN  STATE  COURT  AS  A  MATTER  OF  FEDERAL
 CONSTITUTIONAL LAW; OR
   (B)  THE DEFENDANT HAS STANDING TO ASSERT THE RIGHTS OF OTHER INDIVID-
 UALS UNDER THE TESTS FOR THIRD-PARTY STANDING ESTABLISHED BY THE  UNITED
 STATES SUPREME COURT.
   2.  A DEFENDANT IN AN ACTION BROUGHT UNDER SECTION EIGHT HUNDRED NINE-
 TY-EIGHT-N OF THIS ARTICLE MAY ASSERT AN AFFIRMATIVE DEFENSE TO  LIABIL-
 ITY UNDER THIS SECTION IF BOTH OF THE FOLLOWING ARE TRUE:
   (A)  THE  DEFENDANT HAS STANDING TO ASSERT THE THIRD-PARTY RIGHT OF AN
 INDIVIDUAL TO KEEP AND BEAR ARMS IN ACCORDANCE WITH SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (B)  THE DEFENDANT DEMONSTRATES THAT THE RELIEF SOUGHT BY THE CLAIMANT
 WILL VIOLATE A THIRD-PARTY'S RIGHTS UNDER THE SECOND  AMENDMENT  TO  THE
 UNITED  STATES CONSTITUTION RIGHT AS DEFINED BY CLEARLY ESTABLISHED CASE
 LAW OF THE UNITED STATES SUPREME COURT.
   3. NOTHING IN THIS SECTION SHALL  IN  ANY  WAY  LIMIT  OR  PRECLUDE  A
 DEFENDANT  FROM ASSERTING THE DEFENDANT'S PERSONAL CONSTITUTIONAL RIGHTS
 AS A DEFENSE TO LIABILITY UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N  OF
 THIS  ARTICLE,  AND A COURT SHALL NOT AWARD RELIEF UNDER SUCH SECTION IF
 THE CONDUCT FOR WHICH THE DEFENDANT HAS BEEN SUED WAS AN EXERCISE  OF  A
 STATE  OR  FEDERAL  CONSTITUTIONAL  RIGHT THAT PERSONALLY BELONGS TO THE
 DEFENDANT.
   § 898-P. CONSTRUCTION. THIS ARTICLE SHALL NOT BE CONSTRUED TO  DO  ANY
 OF THE FOLLOWING:
   1.  AUTHORIZE  THE  INITIATION OF A CAUSE OF ACTION UNDER THIS ARTICLE
 AGAINST A PERSON PURCHASING, OBTAINING, OR  ATTEMPTING  TO  PURCHASE  OR
 OBTAIN  A  MACHINE-GUN,  ASSAULT  WEAPON,  DISGUISED  GUN, GHOST GUN, OR
 UNFINISHED FRAME OR RECEIVER FROM A PERSON ACTING IN VIOLATION  OF  THIS
 ARTICLE.
   2.  WHOLLY  OR  PARTLY REPEAL, EITHER EXPRESSLY OR BY IMPLICATION, ANY
 OTHER STATUTE THAT  REGULATES  OR  PROHIBITS  ANY  CONDUCT  RELATING  TO
 MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS, OR UNFINISHED
 FRAMES OR RECEIVERS.
 S. 5628                             7
 
   3.  RESTRICT  A  POLITICAL  SUBDIVISION FROM REGULATING OR PROHIBITING
 CONDUCT RELATING TO MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST
 GUNS, OR UNFINISHED FRAMES OR RECEIVERS IN A MANNER THAT IS AT LEAST  AS
 STRINGENT AS THE LAWS OF THIS STATE.
   §  898-Q.  VENUE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, A CIVIL ACTION BROUGHT UNDER  SECTION  EIGHT  HUNDRED  NINETY-
 EIGHT-N OF THIS ARTICLE SHALL BE BROUGHT IN ANY OF THE FOLLOWING:
   (A)  THE  COUNTY  IN  WHICH ALL OR A SUBSTANTIAL PART OF THE EVENTS OR
 OMISSIONS GIVING RISE TO THE CLAIM OCCURRED;
   (B) THE COUNTY OF RESIDENCE FOR ANY ONE OF THE NATURAL PERSON  DEFEND-
 ANTS AT THE TIME THE CAUSE OF ACTION ACCRUED;
   (C) THE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY ONE OF THE
 DEFENDANTS THAT IS NOT A NATURAL PERSON; OR
   (D)  THE  COUNTY  OF  RESIDENCE  FOR THE CLAIMANT IF THE CLAIMANT IS A
 NATURAL PERSON RESIDING IN THE STATE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  IF  A
 CIVIL  ACTION  IS  BROUGHT UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-N OF
 THIS ARTICLE IN ONE OF THE VENUES DESCRIBED BY SUBDIVISION ONE  OF  THIS
 SECTION, SUCH ACTION SHALL NOT BE TRANSFERRED TO A DIFFERENT VENUE WITH-
 OUT THE WRITTEN CONSENT OF ALL PARTIES.
   § 898-R. SOVEREIGN IMMUNITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW  TO  THE  CONTRARY,  THE  STATE  HAS SOVEREIGN IMMUNITY, A POLITICAL
 SUBDIVISION HAS GOVERNMENTAL IMMUNITY, AND EACH OFFICER AND EMPLOYEE  OF
 THE  STATE  OR  A  POLITICAL  SUBDIVISION  HAS  OFFICIAL IMMUNITY IN ANY
 ACTION, CLAIM, OR COUNTERCLAIM OR ANY TYPE OF LEGAL OR EQUITABLE  ACTION
 THAT  CHALLENGES  THE  VALIDITY  OF ANY PROVISION OR APPLICATION OF THIS
 ARTICLE, ON CONSTITUTIONAL GROUNDS OR OTHERWISE.
   2. A PROVISION OF STATE LAW SHALL NOT BE CONSTRUED TO WAIVE  OR  ABRO-
 GATE  AN IMMUNITY DESCRIBED BY SUBDIVISION ONE OF THIS SECTION UNLESS IT
 EXPRESSLY WAIVES IMMUNITY UNDER THIS SECTION.
   § 898-S. SEVERABILITY. 1. IT IS THE INTENT  OF  THE  LEGISLATURE  THAT
 EVERY  PROVISION,  SECTION,  SUBDIVISION,  SENTENCE, CLAUSE, PHRASE, AND
 WORD IN THIS CHAPTER, AND EVERY APPLICATION OF THE  PROVISIONS  IN  THIS
 ARTICLE, ARE SEVERABLE FROM EACH OTHER.
   2.  IF ANY APPLICATION OF ANY PROVISION IN THIS ARTICLE TO ANY PERSON,
 GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE INVALID  OR
 UNCONSTITUTIONAL,  THE  REMAINING  APPLICATIONS OF THAT PROVISION TO ALL
 OTHER PERSONS AND CIRCUMSTANCES  SHALL  BE  SEVERED  AND  SHALL  NOT  BE
 AFFECTED.  ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS ARTICLE SHALL
 BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE INVALID, LEAV-
 ING THE VALID APPLICATIONS IN FORCE, BECAUSE  IT  IS  THE  LEGISLATURE'S
 INTENT  AND  PRIORITY  THAT  THE  VALID APPLICATIONS BE ALLOWED TO STAND
 ALONE. EVEN IF A REVIEWING COURT FINDS A PROVISION OF  THIS  ARTICLE  TO
 IMPOSE  AN UNCONSTITUTIONAL BURDEN IN A LARGE OR SUBSTANTIAL FRACTION OF
 RELEVANT CASES, THE APPLICATIONS THAT DO NOT PRESENT AN UNCONSTITUTIONAL
 BURDEN SHALL BE SEVERED FROM THE REMAINING APPLICATIONS AND SHALL REMAIN
 IN FORCE, AND SHALL BE TREATED AS IF THE LEGISLATURE HAD ENACTED A STAT-
 UTE LIMITED TO THE PERSONS, GROUP OF PERSONS, OR CIRCUMSTANCES FOR WHICH
 THE STATUTE'S APPLICATION DOES NOT PRESENT AN  UNCONSTITUTIONAL  BURDEN.
 IF  ANY  COURT  DECLARES  OR  FINDS A PROVISION OF THIS ARTICLE FACIALLY
 UNCONSTITUTIONAL, WHEN DISCRETE APPLICATIONS OF THAT  PROVISION  CAN  BE
 ENFORCED  AGAINST  A  PERSON, GROUP OF PERSONS, OR CIRCUMSTANCES WITHOUT
 VIOLATING THE UNITED STATES CONSTITUTION  AND  THE  STATE  CONSTITUTION,
 SUCH  APPLICATIONS  SHALL  BE SEVERED FROM ALL REMAINING APPLICATIONS OF
 THE PROVISION, AND THE PROVISION SHALL BE INTERPRETED AS IF THE LEGISLA-
 TURE HAD ENACTED A PROVISION LIMITED TO THE PERSONS, GROUP  OF  PERSONS,
 S. 5628                             8
 
 OR  CIRCUMSTANCES FOR WHICH THE PROVISION'S APPLICATION WILL NOT VIOLATE
 THE UNITED STATES CONSTITUTION AND THE STATE CONSTITUTION.
   3.  THE  LEGISLATURE  FURTHER DECLARES THAT IT WOULD HAVE ENACTED THIS
 ARTICLE, AND EACH PROVISION,  SECTION,  SUBDIVISION,  SENTENCE,  CLAUSE,
 PHRASE,  AND  WORD, AND ALL CONSTITUTIONAL APPLICATIONS OF THIS ARTICLE,
 IRRESPECTIVE OF THE  FACT  THAT  ANY  PROVISION,  SECTION,  SUBDIVISION,
 SENTENCE,  CLAUSE, PHRASE, OR WORD, OR APPLICATION OF THIS ARTICLE, WERE
 TO BE DECLARED UNCONSTITUTIONAL  OR  TO  REPRESENT  AN  UNCONSTITUTIONAL
 BURDEN.
   4. IF ANY PROVISION OF THIS ARTICLE IS FOUND BY ANY COURT TO BE UNCON-
 STITUTIONALLY VAGUE, THEN THE APPLICATIONS OF THAT PROVISION THAT DO NOT
 PRESENT CONSTITUTIONAL VAGUENESS PROBLEMS SHALL BE SEVERED AND REMAIN IN
 FORCE.
   5.  A COURT SHALL NOT DECLINE TO ENFORCE THE SEVERABILITY REQUIREMENTS
 OF THIS SECTION ON THE GROUND THAT SEVERANCE WOULD REWRITE  THE  STATUTE
 OR  INVOLVE THE COURT IN LEGISLATIVE OR LAWMAKING ACTIVITY. A COURT THAT
 DECLINES TO ENFORCE OR ENJOINS A STATE OFFICIAL FROM ENFORCING A  STATU-
 TORY  PROVISION OF THIS ARTICLE DOES NOT REWRITE A STATUTE, AS THE STAT-
 UTE CONTINUES TO CONTAIN THE SAME WORDS AS BEFORE THE COURT'S  DECISION.
 EACH OF THE FOLLOWING IS TRUE ABOUT A JUDICIAL INJUNCTION OR DECLARATION
 OF UNCONSTITUTIONALITY OF A PROVISION OF THIS ARTICLE:
   (A)  IT IS NOTHING MORE THAN AN EDICT PROHIBITING ENFORCEMENT THAT MAY
 SUBSEQUENTLY BE VACATED BY A LATER COURT IF THAT COURT HAS  A  DIFFERENT
 UNDERSTANDING  OF  THE  REQUIREMENTS  OF  THE  STATE CONSTITUTION OR THE
 UNITED STATES CONSTITUTION.
   (B) IT IS NOT A FORMAL AMENDMENT OF THE LANGUAGE IN A STATUTE.
   (C) IT NO MORE REWRITES A STATUTE THAN A DECISION BY THE EXECUTIVE NOT
 TO ENFORCE A DULY-ENACTED STATUTE  IN  A  LIMITED  AND  DEFINED  SET  OF
 CIRCUMSTANCES.
   §  2.  Paragraph  (b) of subdivision 2 of section 898-n of the general
 business law, as added by section one of this act, is amended to read as
 follows:
   (b) Statutory damages in an APPROPRIATE amount [of not less  than  ten
 thousand  dollars  for  each machine-gun, assault weapon, disguised gun,
 ghost gun, or unfinished frame or receiver as  to  which  the  defendant
 violated  section  eight hundred ninety-eight-k of this article, and for
 each machine-gun, assault weapon, disguised gun, ghost  gun,  or  unfin-
 ished  frame  or  receiver  as to which the defendant aided or abetted a
 violation of section eight hundred ninety-eight-k of this article] TO BE
 DETERMINED BY THE COURT FOR EACH VIOLATION OF THIS  ARTICLE.  IN  MAKING
 THAT  DETERMINATION,  THE COURT SHALL CONSIDER FACTORS THAT INCLUDE, BUT
 ARE NOT  LIMITED  TO,  THE  NUMBER  OF  MACHINE-GUNS,  ASSAULT  WEAPONS,
 DISGUISED  GUNS,  GHOST GUNS, OR UNFINISHED FRAMES OR RECEIVERS INVOLVED
 IN THE DEFENDANT'S VIOLATION  OF  THIS  ARTICLE,  THE  DURATION  OF  THE
 PROHIBITED  CONDUCT,  WHETHER THE DEFENDANT HAS PREVIOUSLY VIOLATED THIS
 ARTICLE OR ANY OTHER FEDERAL, STATE, OR LOCAL LAW CONCERNING  THE  REGU-
 LATION  OF  FIREARMS, AND ANY OTHER FACTORS TENDING TO INCREASE THE RISK
 TO THE PUBLIC, SUCH AS PROXIMITY OF THE VIOLATIONS TO SENSITIVE PLACES.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 8111 to read as follows:
   §  8111.  COSTS  IN  CERTAIN ACTIONS RELATED TO FIREARMS. (A) NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON, INCLUD-
 ING AN ENTITY, ATTORNEY, OR LAW FIRM, WHO SEEKS DECLARATORY  OR  INJUNC-
 TIVE   RELIEF   TO   PREVENT  THE  STATE,  A  POLITICAL  SUBDIVISION,  A
 GOVERNMENTAL ENTITY OR PUBLIC OFFICIAL IN THE STATE, OR A PERSON IN  THE
 STATE  FROM  ENFORCING  ANY STATUTE, ORDINANCE, RULE, REGULATION, OR ANY
 S. 5628                             9
 
 OTHER TYPE OF LAW THAT REGULATES OR RESTRICTS  FIREARMS  AS  DEFINED  IN
 SECTION  265.00 OF THE PENAL LAW, IN ANY STATE OR FEDERAL COURT, OR THAT
 REPRESENTS ANY LITIGANT SEEKING THAT RELIEF  IN  ANY  STATE  OR  FEDERAL
 COURT,  IS  JOINTLY  AND SEVERALLY LIABLE TO PAY THE ATTORNEY'S FEES AND
 COSTS OF THE PREVAILING PARTY.
   (B) FOR PURPOSES OF THIS SECTION, A PARTY IS CONSIDERED  A  PREVAILING
 PARTY IF A STATE OR FEDERAL COURT DOES EITHER OF THE FOLLOWING:
   (1)  DISMISSES ANY CLAIM OR CAUSE OF ACTION BROUGHT BY THE PARTY SEEK-
 ING THE DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A) OF
 THIS SECTION, REGARDLESS OF THE REASON FOR THE DISMISSAL.
   (2) ENTERS JUDGMENT IN THE PARTY'S FAVOR ON  ANY  CLAIM  OR  CAUSE  OF
 ACTION.
   (C)  REGARDLESS OF WHETHER A PREVAILING PARTY SOUGHT TO RECOVER ATTOR-
 NEY'S FEES OR COSTS IN THE UNDERLYING ACTION, A PREVAILING  PARTY  UNDER
 THIS  SECTION  MAY  BRING  A CIVIL ACTION TO RECOVER ATTORNEY'S FEES AND
 COSTS AGAINST A PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, THAT
 SOUGHT DECLARATORY OR INJUNCTIVE RELIEF DESCRIBED BY SUBDIVISION (A)  OF
 THIS  SECTION NOT LATER THAN THE THIRD ANNIVERSARY OF THE DATE ON WHICH,
 AS APPLICABLE:
   (1) THE DISMISSAL OR JUDGMENT DESCRIBED BY  SUBDIVISION  (B)  OF  THIS
 SECTION BECOMES FINAL UPON THE CONCLUSION OF APPELLATE REVIEW; OR
   (2) THE TIME FOR SEEKING APPELLATE REVIEW EXPIRES.
   (D)  NONE  OF  THE  FOLLOWING ARE A DEFENSE TO AN ACTION BROUGHT UNDER
 SUBDIVISION (C) OF THIS SECTION:
   (1) A PREVAILING PARTY UNDER THIS SECTION FAILED TO SEEK  RECOVERY  OF
 ATTORNEY'S FEES OR COSTS IN THE UNDERLYING ACTION.
   (2)  THE  COURT  IN  THE  UNDERLYING  ACTION  DECLINED TO RECOGNIZE OR
 ENFORCE THE REQUIREMENTS OF THIS SECTION.
   (3) THE COURT IN THE UNDERLYING ACTION HELD THAT ANY PROVISION OF THIS
 SECTION IS INVALID,  UNCONSTITUTIONAL,  OR  PREEMPTED  BY  FEDERAL  LAW,
 NOTWITHSTANDING THE DOCTRINES OF ISSUE OR CLAIM PRECLUSION.
   (E)  ANY PERSON, INCLUDING AN ENTITY, ATTORNEY, OR LAW FIRM, WHO SEEKS
 DECLARATORY OR INJUNCTIVE RELIEF AS DESCRIBED IN SUBDIVISION (A) OF THIS
 SECTION, SHALL NOT BE DEEMED A PREVAILING PARTY UNDER  THIS  SECTION  OR
 ANY OTHER PROVISION OF THIS CHAPTER.
   (F)  AS  USED  IN THIS SECTION THE TERM "FIREARM" SHALL MEAN A DEVICE,
 DESIGNED TO BE USED AS A  WEAPON,  FROM  WHICH  IS  EXPELLED  THROUGH  A
 BARREL,  A  PROJECTILE  BY  THE  FORCE  OF AN EXPLOSION OR OTHER FORM OF
 COMBUSTION.
   § 4. 1. A statute that regulates or prohibits firearms  shall  not  be
 construed  to  repeal  any  other  statute  that  regulates or prohibits
 firearms, either wholly or  partly,  unless  the  later-enacted  statute
 explicitly states that it is repealing the other statute.
   2.  A  statute shall not be construed to restrict a political subdivi-
 sion from regulating or prohibiting firearms in  a  manner  that  is  at
 least as stringent as the laws of this state, unless the statute explic-
 itly  states  that political subdivisions are prohibited from regulating
 or prohibiting firearms in the manner described by the statute.
   3. Every statute that regulates or prohibits firearms is severable  in
 each  of its applications to every person and circumstance. If any stat-
 ute that regulates or prohibits firearms is found by  any  court  to  be
 unconstitutional,  either  on  its face or as applied, then all applica-
 tions of that statute that do not violate the United States Constitution
 and the state constitution shall be severed  from  the  unconstitutional
 applications  and  shall  remain  enforceable, notwithstanding any other
 law, and the statute shall be  interpreted  as  if  containing  language
 S. 5628                            10
 
 limiting  the statute's application to the persons, group of persons, or
 circumstances for which the statute's application will not  violate  the
 United States Constitution and the state constitution.
   4.  As  used  in  this section the term "firearm" shall mean a device,
 designed to be used as a  weapon,  from  which  is  expelled  through  a
 barrel,  a  projectile  by  the  force  of an explosion or other form of
 combustion.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law; provided, however, that section two of this act shall
 take  effect upon the final determination of a court of competent juris-
 diction that the provisions of paragraph (b) of subdivision 2 of section
 eight hundred ninety-eight-n of the general business  law  as  added  by
 section  one  of this act are invalid or unconstitutional; provided that
 the attorney general shall notify the legislative bill drafting  commis-
 sion  upon  the  occurrence  of such a final determination by a court in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.