•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01598 Summary:

BILL NOA01598
 
SAME ASSAME AS S05818
 
SPONSORJackson
 
COSPNSRGonzalez-Rojas, Epstein, Tapia, Hyndman
 
MLTSPNSR
 
Add Art 13-C §§1360 - 1364, CPLR
 
Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state; aiding and abetting such manufacture, sale or distribution; or intending to aid and abet in such manufacture, sale or distribution; provides for a civil remedy of ten thousand dollars per violation.
Go to top    

A01598 Actions:

BILL NOA01598
 
01/10/2025referred to codes
Go to top

A01598 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1598
 
SPONSOR: Jackson
  TITLE OF BILL: 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   PURPOSE: To create a civil cause of action for the manufacture, sale, distrib- ution of assault weapons or ghost guns within the State   SUMMARY OF PROVISIONS: Section 1: Adding a new article 13-C to the civil practice law and rules. Section 1360: Definitions for "assault weapon" and "ghost gun". Section 1361, subsection 1: Allows a person to bring a civil cause of action against any person or entity who: - manufactures, distributes, or sells assault weapons or ghost guns or parts for any such weapon, or - aids and abets to an individual or entity in manufacturing, distribut- ing, or selling assault weapons or ghost guns, or parts for any such weapon, or - intends to manufacture, distribute or sell assault weapons or ghost guns, or parts for any such weapon. Subsection 2: States that should a plaintiff prevail in such action, they shall be awarded injunctive relief, statutory damages not less than $10,000 for each violation, and attorney's fees and other costs associ- ated with bringing forward such cause of action. Sets an exception for this relief if the defendant can prove that they previously paid the full amount of damages in a previous action. Establishes a statute of limitation of 4 years of the date of violation or aiding and abetting of the violation. Prohibits any law, the state, state official, or a district or county attorney to intervene in such actions. Prohibits a court from awarding costs or attorney's fees to a defendant. Section 1362: Sets prohibited defenses to an action brought forward by this article. Section 1363: Sets affirmative defenses to an action brought forward by this article and establishes that the defendant would have the burden of proving an affirmative defense. Section 1364: Establishes that this article may not be construed as violating the first amendment of the United States constitution. Section 2: Sets the effective date.   JUSTIFICATION: In December 2021, the Supreme Court ruled that the Texas law allowing citizens to sue individuals who assist or perform abortions would be allowed to go into effect until any other legal challenge is brought before the Court. Using the same legal reasoning and in light of the passing of Jose Webster Untraceable Firearms Act, the State of New York must ensure that any manufacturer who produces assault weapons, "Ghost Guns", or any item that can be used to create untraceable weapons are held civilly liable. In some cities, "Ghost Guns" account for half of recovered weapons from homicide scenes. The passing of this bill would allow private citizens to sue any manufacturer producing any item that can be used to create "Ghost Guns" for a minimum of $10,000 plus any attorney fees. This bill would help our state combat the epidemic of gun violence.   LEGISLATIVE HISTORY: 2023-24: A3943 Referred to Codes/S4927 Referred to Codes 2021-22: A.10561 Referred to Codes   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A01598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1598
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2025
                                       ___________
 
        Introduced  by M. of A. JACKSON, GONZALEZ-ROJAS, EPSTEIN, TAPIA, HYNDMAN
          -- read once and referred to the Committee 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:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  article 13-C to read as follows:
     3                                ARTICLE 13-C
     4                       CIVIL REMEDIES; GUN SAFETY LAWS
     5  Section 1360. Definition.
     6          1361. Action to recover damages.
     7          1362. Prohibited defenses.
     8          1363. Affirmative defenses.
     9          1364. Construction.
    10    § 1360. Definition. For the purposes  of  this  article:  1.  "Assault
    11  weapon"  shall have the same meaning as such term is defined in subdivi-
    12  sion twenty-two of section 265.00 of the penal law.
    13    2. "Ghost gun" shall have the same meaning as such term is defined  in
    14  subdivision thirty-two of section 265.00 of the penal law.
    15    §  1361. Action to recover damages. 1. Any person, other than an offi-
    16  cer or employee of a state or local government entity in this state  may
    17  bring a civil cause of action against any person or entity who:
    18    (a) manufactures, distributes, or sells assault weapons or ghost guns,
    19  or parts for any such weapons or ghost guns within the state;
    20    (b)  aids and abets an individual or entity in manufacturing, distrib-
    21  uting, or selling assault weapons or ghost guns, or parts for  any  such
    22  weapons or ghost guns within the state; or
    23    (c)  intends  to  manufacture,  distribute, or sell assault weapons or
    24  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.
                                                                   LBD03978-01-5

        A. 1598                             2
 
     1  manufacturing,  distributing,  or selling assault weapons or ghost guns,
     2  or parts for any such weapons or ghost guns within the state.
     3    2.  (a)  If a plaintiff prevails in an action brought pursuant to this
     4  section, such plaintiff shall be awarded injunctive relief sufficient to
     5  prevent the defendant from continuing to aid and abet any violation  the
     6  provisions of law set forth in subdivision one of this section, statuto-
     7  ry  damages  in  an  amount  not less than ten thousand dollars for each
     8  violation of such provisions and for any aiding  and  abetting  of  such
     9  provisions, and attorney's fees and other costs associated with bringing
    10  such cause of action.
    11    (b)  A court may not award relief under paragraph (a) of this subdivi-
    12  sion in response to a cause of action brought pursuant to  this  section
    13  if  the defendant demonstrates that they previously paid the full amount
    14  of statutory damages pursuant to paragraph (a) of this subdivision in  a
    15  previous  action  for that particular violation of a provision of law as
    16  set forth in subdivision one of  this  section  or  for  the  particular
    17  aiding  and  abetting  the  violation of a provision of law set forth in
    18  subdivision one of this section.
    19    3. A plaintiff may bring a cause of action pursuant  to  this  section
    20  within four years of the date of the violation or aiding and abetting of
    21  the violation of the provisions of law.
    22    4.  Notwithstanding  any other law, this state, a state official, or a
    23  district or county attorney may not intervene in an action brought under
    24  this section.  This subdivision does not prohibit any such  person  from
    25  filing an amicus curiae brief in the action.
    26    5.  Notwithstanding  any  other  law,  a  court may not award costs or
    27  attorney's fees to a defendant in an action  brought  pursuant  to  this
    28  section.
    29    §  1362.  Prohibited defenses. The following shall not be a defense to
    30  an action brought pursuant to section thirteen hundred sixty-one of this
    31  article:
    32    1. ignorance or mistake of law;
    33    2. a defendant's belief that the requirements of this section  are  or
    34  were unconstitutional;
    35    3.  a defendant's reliance on any state or federal court decision that
    36  is not binding on the court in which the action has been brought;
    37    4. a defendant's reliance on any court decision that  has  been  over-
    38  ruled  on appeal or by a subsequent court, even if such decision has not
    39  been overruled when the defendant violated, aided or abetted in  violat-
    40  ing, or intended to violate the provisions of subdivision one of section
    41  thirteen hundred sixty-one of this article;
    42    5. non-mutual preclusion or non-mutual claim preclusion; or
    43    6. any claim that the enforcement of the provisions of this section or
    44  the imposition of civil liability against the defendant will violate the
    45  constitutional rights of third parties.
    46    §  1363.  Affirmative  defenses. 1. The following shall be affirmative
    47  defenses to an action  brought  pursuant  to  section  thirteen  hundred
    48  sixty-one of this article:
    49    (a) a defendant who aided or abetted a violation of one or more of the
    50  provisions  of  subdivision one of section thirteen hundred sixty-one of
    51  this article reasonably believed, after conducting a reasonable investi-
    52  gation, that an individual violating such provision  or  provisions  had
    53  complied or would comply with such laws; or
    54    (b) a defendant who intended to violate or aid and abet a violation of
    55  one  or  more  of  the provisions of subdivision one of section thirteen
    56  hundred sixty-one of this article reasonably believed, after  conducting

        A. 1598                             3
 
     1  a  reasonable investigation, that an individual violating such provision
     2  or provisions would comply with such laws.
     3    2.  The  defendant  shall  have  the  burden of proving an affirmative
     4  defense under subdivision one of this section.
     5    § 1364. Construction. This article may  not  be  construed  to  impose
     6  liability  on  any speech or conduct protected by the first amendment of
     7  the United States constitution.
     8    § 2. This act shall take effect immediately.
Go to top