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S07196 Summary:

Add Art 39-DDDD §§898-a - 898-e, Gen Bus L
Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.
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S07196 Actions:

06/08/2021referred to codes
06/08/2021substituted for a6762b
06/08/2021ordered to third reading rules cal.591
06/08/2021passed assembly
06/08/2021returned to senate
07/06/2021SIGNED CHAP.237
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S07196 Committee Votes:

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S07196 Floor Votes:

DATE:06/08/2021Assembly Vote  YEA/NAY: 94/55
AngelinoNOCookYGallahanNOLemondesNOPheffer AmatoYSmithNO
AubryYCusickNOGiglio JANOLupardoNOPretlowYSolagesY
BarclayNOCymbrowitzYGiglio JMNOMagnarelliYQuartYSteckY
BarronYDe La RosaYGoodellNOMcDonaldYRamosYTagueNO
BrabenecNODinowitzYHawleyNOMikulinNORivera J YVanelY
BraunsteinYDiPietroNOHevesiYMiller B NORivera JDYWalczykNO
BronsonNODursoNOHunterYMiller MLNORodriguezYWalkerY
BrownNOEichensteinNOHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoNORosenthal L YWalshNO
CarrollYFriendNOKimYPalmesanoNOSeptimoYMr. SpeakerY

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S07196 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                      June 5, 2021
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the general business law, in relation to the dangers  to
          safety  and  health  and  creation  of a public nuisance caused by the
          sale, manufacturing, distribution, importing and marketing of firearms

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  finds that the illegal use of firearms not  only  constitutes  a  public
     3  nuisance  as  declared  in  article  400  of the penal law, but that the
     4  effects of such nuisance contribute to the public health crisis  of  gun
     5  violence  in  this state as declared by the legislature in the 2021-2022
     6  legislative session. This nuisance poses specific harm  to  New  Yorkers
     7  based  largely  on  their zip code and certain immutable characteristics
     8  such as race and ethnicity.  Illegal firearm violence has disproportion-
     9  ately affected underserved black and brown neighborhoods in  our  cities
    10  and  throughout the state despite stringent state and local laws against
    11  the illegal possession of firearms while, according  to  the  Bureau  of
    12  Alcohol,  Tobacco,  Firearms  and Explosives statistics, 74% of firearms
    13  used in crimes in New York are purchased outside of New York. Thus,  the
    14  legislature  further  finds  that given the ease at which legal firearms
    15  flow into the illegal  market,  and  given  the  specific  harm  illegal
    16  firearm  violence  causes certain New Yorkers, those responsible for the
    17  illegal or unreasonable sale, manufacture,  distribution,  importing  or
    18  marketing  of firearms may be held liable for the public nuisance caused
    19  by such activities.   Additionally, many  New  Yorkers,  including  many
    20  children,  are  gravely  injured  or  killed  unintentionally due to the
    21  firearm industry's failure to implement reasonable safety  measures  and
    22  the legislature finds that this failure also warrants liability.
    23    §  2.  The  general  business  law  is amended by adding a new article
    24  39-DDDD to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7196                             2
     1                               ARTICLE 39-DDDD
     3  Section 898-a. Definitions.
     4          898-b. Prohibited activities.
     5          898-c. Public nuisance.
     6          898-d. Enforcement.
     7          898-e. Private right of action.
     8    §  898-a.  Definitions.  For  purposes  of this article, the following
     9  terms shall have the following meanings:
    10    1. "Deceptive acts or  practices"  shall  have  the  same  meaning  as
    11  defined in article twenty-two-A of this chapter.
    12    2.    "Reasonable  controls  and  procedures" shall mean policies that
    13  include, but are not limited to: (a)  instituting  screening,  security,
    14  inventory  and  other  business practices to prevent thefts of qualified
    15  products as well as sales of qualified  products  to  straw  purchasers,
    16  traffickers,  persons prohibited from possessing firearms under state or
    17  federal law, or persons at risk of injuring themselves  or  others;  and
    18  (b)  preventing  deceptive  acts and practices and false advertising and
    19  otherwise  ensuring  compliance   with   all   provisions   of   article
    20  twenty-two-A of this chapter.
    21    3. "False advertising" shall have the same meaning as defined in arti-
    22  cle twenty-two-A of this chapter.
    23    4.  "Gun  industry  member"  shall  mean  a person, firm, corporation,
    24  company, partnership, society, joint stock company or any  other  entity
    25  or association engaged in the sale, manufacturing, distribution, import-
    26  ing  or  marketing  of  firearms,  ammunition, ammunition magazines, and
    27  firearms accessories.
    28    5. The terms "knowingly" and "recklessly" shall have the same  meaning
    29  as defined in section 15.05 of the penal law.
    30    6.  "Qualified  product"  shall have the same meaning as defined in 15
    31  U.S.C. section 7903(4).
    32    § 898-b. Prohibited activities. 1. No gun industry member, by  conduct
    33  either  unlawful  in  itself or unreasonable under all the circumstances
    34  shall knowingly or recklessly create, maintain or contribute to a condi-
    35  tion in New York state that endangers the safety or health of the public
    36  through the sale, manufacturing, importing or marketing of  a  qualified
    37  product.
    38    2.  All  gun industry members who manufacture, market, import or offer
    39  for wholesale or retail sale any qualified product  in  New  York  state
    40  shall  establish  and  utilize  reasonable  controls  and  procedures to
    41  prevent its qualified products from being possessed, used,  marketed  or
    42  sold unlawfully in New York state.
    43    §  898-c. Public nuisance. 1. A violation of subdivision one or two of
    44  section eight hundred ninety-eight-b of this  article  that  results  in
    45  harm to the public shall hereby be declared to be a public nuisance.
    46    2.  The existence of a public nuisance shall not depend on whether the
    47  gun industry member acted for the purpose of causing harm to the public.
    48    § 898-d. Enforcement.  Whenever there shall be  a  violation  of  this
    49  article, the attorney general, in the name of the people of the state of
    50  New  York,  or a city corporation counsel on behalf of the locality, may
    51  bring an action in the supreme court or federal district court to enjoin
    52  and restrain such violations and to obtain restitution and damages.
    53    § 898-e. Private right of action. Any  person,  firm,  corporation  or
    54  association that has been damaged as a result of a gun industry member's
    55  acts  or  omissions  in  violation  of this article shall be entitled to

        S. 7196                             3
     1  bring an action for recovery of damages or to enforce  this  article  in
     2  the supreme court or federal district court.
     3    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion,  section  or  part  of  this act shall be adjudged by any court of
     5  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     6  impair,  or  invalidate  the remainder thereof, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the  legislature  that  this  act  would  have been enacted even if such
    11  invalid provisions had not been included herein.
    12    § 4. This act shall take effect immediately.
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