NY State Senate Bill 2023-S8125

Senate Bill S8125

2023-2024 Legislative Session

Establishes a private right of action against gun industry members for marketing firearms and firearm related products to minors

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2024	referred to codes

2023-S8125 (ACTIVE) - Details

See Assembly Version of this Bill:: A5834
Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Amd §§898-a & 898-b, Gen Bus L

2023-S8125 (ACTIVE) - Summary

Prohibits gun industry members from marketing firearms and firearm related products to minors; excepts instances where marketing is geared toward hunting purposes; establishes a private right of action for violations.

2023-S8125 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8125

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing a
private right of action against gun industry members for marketing
firearms and firearm related products to minors

 
PURPOSE::

This legislation will enable consumers to hold the firearm industry
accountable for marketing firearms and firearm-related products to chil-
dren.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section one amends subdivision two of section 898-a of the general busi-
ness law by adding four new subdivisions 7, 8, 9 and 10.

Section two amends section 898-b of the general business law by adding a
new subdivision 3. Section three contains a severability clause.

Section four establishes the effective date.

 
JUSTIFICATION::

Firearms are the leading cause of death among children and teens in the
United States. According to Everytown for Gun Safety, 19,000 children
and teens are shot and killed or wounded from gun violence, and approxi-
mately 3 million children are exposed to gun violence every year.

Following the 2022 massacre in Uvalde, Texas, there has been growing
concern over the advertising tactics used by gun manufacturers and their
impact on children and young adults. The manufacturer of the firearm
used in the Uvalde shooting was heavily criticized for creating adver-
tisements and social media posts of a child holding an AR-style rifle.
Other manufacturers have also targeted children in advertising
campaigns, such as Weed Tactical's "get em one like yours" advertisement
for a scaled-down AR-15 (called JR-15) that "operates just like Mom and
Dad's gun," as well as Smith & Wesson's advertisements that resemble
popular first-person shooter games like.  Call of Duty. The Biden Admin-
istration recently directed the Federal Trade

Commission to issue a public report analyzing how gun manufacturers
market firearms to minors. It is critical that New York State do every-
thing possible to address the gun industry's reckless marketing
campaigns toward children.

For decades, the gun industry has been shielded from lawsuits by victims
of gun violence, enabling them to escape any liability for this crisis.
In 2021, New York State passed legislation allowing civil lawsuits to be
brought against firearm manufacturers and dealers for reckless marketing
tactics and their subsequent consequences. Similar to the 2021 law, this
legislation would prohibit the design or marketing of firearms to
minors, allowing civil lawsuits for violations.



This legislation would prohibit the design or marketing of firearms to
minors and include such behavior under the 2021 law allowing civil
lawsuits for certain behaviors.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

Undetermined.

 
EFFECTIVE DATE::

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S8125 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8125
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the general business law, in relation to establishing  a
   private  right  of  action  against gun industry members for marketing
   firearms and firearm related products to minors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 6 of section 898-a of the general busi-
 ness law, as added by chapter 237 of the laws of 2021, are  amended  and
 four new subdivisions 7, 8, 9 and 10 are added to read as follows:
   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;  AND  (C)  PREVENTING  THE MARKETING OF
 FIREARMS AND FIREARM RELATED PRODUCTS TO INDIVIDUALS UNDER  THE  AGE  OF
 EIGHTEEN.
   6.  "Qualified  product" shall [have the same meaning as defined in 15
 U.S.C. section 7903(4)] MEAN A FIREARM, AS DEFINED IN  SUBPARAGRAPH  (A)
 OR (B) OF 18 U.S.C. SECTION 921(A)(3), INCLUDING ANY ANTIQUE FIREARM, AS
 DEFINED IN 18 U.S.C. SECTION 921(A)(16), OR AMMUNITION, AS DEFINED IN 18
 U.S.C. SECTION 921(A)(17)(A), OR A FIREARM RELATED PRODUCT.
   7.  "FIREARM ACCESSORY" SHALL MEAN AN ATTACHMENT OR DEVICE DESIGNED OR
 ADAPTED TO BE INSERTED INTO, AFFIXED ONTO, OR USED IN CONJUNCTION WITH A
 FIREARM THAT IS DESIGNED, INTENDED, OR FUNCTIONS TO ALTER OR ENHANCE THE
 FIRING CAPABILITIES OF A FIREARM, THE LETHALITY OF  THE  FIREARM,  OR  A
 SHOOTER'S  ABILITY TO HOLD AND USE A FIREARM, REGARDLESS OF WHETHER SUCH
 ACCESSORY HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE COMMERCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02755-04-4
 S. 8125                             2

 
   8. "FIREARM PRECURSOR PART" SHALL MEAN A COMPONENT OF A  FIREARM  THAT
 IS  NECESSARY  TO BUILD OR ASSEMBLE A FIREARM AND IS DESCRIBED IN ANY OF
 THE FOLLOWING CATEGORIES:
   (A)  AN  UNFINISHED  RECEIVER  AS DEFINED IN SUBDIVISION THIRTY-TWO OF
 SECTION 265.00 OF THE PENAL LAW.
   (B) AN UNFINISHED HANDGUN FRAME AS DEFINED IN  SUBDIVISION  THIRTY-TWO
 OF SECTION 265.00 OF THE PENAL LAW.
   (C)  A  "MAJOR COMPONENT OF A FIREARM, RIFLE OR SHOTGUN" AS DEFINED IN
 SUBDIVISION THREE-A OF SECTION 265.00 OF THE PENAL LAW.
   9. "FIREARM RELATED PRODUCT"  SHALL  MEAN  A  FIREARM,  AMMUNITION,  A
 FIREARM  PRECURSOR  PART,  A  FIREARM COMPONENT, AND A FIREARM ACCESSORY
 THAT MEETS ANY OF THE FOLLOWING CONDITIONS:
   (A) THE ITEM IS SOLD, MANUFACTURED, OR DISTRIBUTED IN NEW YORK STATE.
   (B) THE ITEM IS INTENDED TO BE SOLD OR DISTRIBUTED IN NEW YORK STATE.
   (C) THE ITEM IS OR WAS POSSESSED IN NEW YORK STATE AND IT WAS  REASON-
 ABLY FORESEEABLE THAT SUCH ITEM WOULD BE POSSESSED IN NEW YORK STATE.
   10.  "FIREARM"  SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED IN
 SUBDIVISION THREE OF SECTION 265.00  OF  THE  PENAL  LAW,  AND  FOR  THE
 PURPOSES OF THIS ARTICLE, SHALL INCLUDE A "RIFLE" AS DEFINED IN SUBDIVI-
 SION  ELEVEN  AND  A  "SHOTGUN" AS DEFINED IN SUBDIVISION TWELVE OF SUCH
 SECTION OF THE PENAL LAW.
   § 2. Section 898-b of the general business law is amended by adding  a
 new subdivision 3 to read as follows:
   3.  IT  SHALL  BE  UNLAWFUL  FOR  ANY GUN INDUSTRY MEMBER TO DESIGN OR
 MARKET ANY FIREARM OR FIREARM RELATED  PRODUCT  AS  DEFINED  IN  SECTION
 EIGHT HUNDRED NINETY-EIGHT-A OF THIS ARTICLE TO ANY INDIVIDUAL UNDER THE
 AGE OF EIGHTEEN, UNLESS SUCH FIREARM OR FIREARM RELATED PRODUCT IS BEING
 DESIGNED  OR  MARKETED  TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN FOR THE
 PURPOSES OF HUNTING IN ACCORDANCE WITH ARTICLE ELEVEN  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW.
   § 3. Severability. If any clause, sentence, paragraph, 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,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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