Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state of New York to sue gun manufactures for damage caused by guns.

Highlights:

• Establishes legislative findings and intent regarding the illegal use of firearms and the harm that these devices cause (Sec. 1).

• Defines “deceptive acts or practices” to have the same meaning as defined in article 22A of this chapter (Sec. 2).

• Defines “reasonable controls and procedures” as policies that include 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 preventing deceptive acts and practices and false advertising and otherwise ensuring compliance with all provisions of article 22A of this chapter (Sec. 2).

• Defines “false advertising” to have the same meaning as defined in article 22A of this chapter (Sec. 2).

• Defines “gun industry member” to mean a person, firm, corporation, company, partnership, society, joint stock company or any other entity or association engaged in the sale, manufacturing, distribution, importing or marketing of firearms, ammunition, ammunition magazines, and firearms accessories (Sec. 2).

• Defines the terms “knowingly” and “recklessly” to have the same meaning as defined in section 15.05 of the penal law (Sec. 2).

• Defines “qualified product” to have the same meaning as defined in 15 31 U.S.C. section 7903(4) (Sec. 2).

• Establishes that no gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances should knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product (Sec. 2).

• Specifies that all gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state are to establish and utilize reasonable controls and procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state (Sec. 2).

• Establishes that a violation of subdivision one or two of section 898b of this article that results in harm to the public is hereby declared to be a public nuisance (Sec. 2).

• Specifies that the existence of a public nuisance is not to depend on whether the gun industry member acted for the purpose of causing harm to the public (Sec. 2).

• Establishes that whenever there is a violation of this article, the attorney general, in the name of the people of the state of New York, or a city corporation counsel on behalf of the locality, may bring an action in the supreme court or federal district court to enjoin and restrain such violations and to obtain restitution and damages (Sec. 2).

• Establishes that 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 are entitled to bring an action for recovery of damages or to enforce this article in the supreme court or federal district court (Sec. 2).

• Establishes that if any clause, sentence, paragraph, subdivision, section or part of this act is adjudged by any court of competent jurisdiction to be invalid, such judgment should not affect, impair, or invalidate the remainder thereof, but should be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered (Sec. 3).

• Establishes that this act is to take effect immediately (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state of New York to sue gun manufactures for damage caused by guns.

Highlights:

• Establishes legislative findings and intent regarding the illegal use of firearms and the harm that these devices cause (Sec. 1).

• Defines “deceptive acts or practices” to have the same meaning as defined in article 22A of this chapter (Sec. 2).

• Defines “reasonable controls and procedures” as policies that include 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 preventing deceptive acts and practices and false advertising and otherwise ensuring compliance with all provisions of article 22A of this chapter (Sec. 2).

• Defines “false advertising” to have the same meaning as defined in article 22A of this chapter (Sec. 2).

• Defines “gun industry member” to mean a person, firm, corporation, company, partnership, society, joint stock company or any other entity or association engaged in the sale, manufacturing, distribution, importing or marketing of firearms, ammunition, ammunition magazines, and firearms accessories (Sec. 2).

• Defines the terms “knowingly” and “recklessly” to have the same meaning as defined in section 15.05 of the penal law (Sec. 2).

• Defines “qualified product” to have the same meaning as defined in 15 31 U.S.C. section 7903(4) (Sec. 2).

• Establishes that no gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances should knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product (Sec. 2).

• Specifies that all gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state are to establish and utilize reasonable controls and procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state (Sec. 2).

• Establishes that a violation of subdivision one or two of section 898b of this article that results in harm to the public is hereby declared to be a public nuisance (Sec. 2).

• Specifies that the existence of a public nuisance is not to depend on whether the gun industry member acted for the purpose of causing harm to the public (Sec. 2).

• Establishes that whenever there is a violation of this article, the attorney general, in the name of the people of the state of New York, or a city corporation counsel on behalf of the locality, may bring an action in the supreme court or federal district court to enjoin and restrain such violations and to obtain restitution and damages (Sec. 2).

• Establishes that 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 are entitled to bring an action for recovery of damages or to enforce this article in the supreme court or federal district court (Sec. 2).

• Establishes that if any clause, sentence, paragraph, subdivision, section or part of this act is adjudged by any court of competent jurisdiction to be invalid, such judgment should not affect, impair, or invalidate the remainder thereof, but should be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered (Sec. 3).

• Establishes that this act is to take effect immediately (Sec. 4).

Full Bill Text