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.
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.
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.
