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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6762B
SPONSOR: Fahy TITLE OF BILL:
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
PURPOSE:
To regulate the sale, manufacture, importation and marketing of firearms
in relation to creating or maintaining a condition that endangers safety
or health through the sale, manufacturing, importing or marketing of
firearms within the guidelines of City of New York v Beretta USA Corp.,
524 F3d 384 (2d Cir. 2008).
SUMMARY OF PROVISIONS:
This bill amends the General Business Law by adding new Article 39-DDDD.
Section 1: Contains Legislative findings and intent.
Section 2: Defines several terms that appear in the bill including
"deceptive acts or practices," "reasonable controls and procedures",
"false advertising", "gun industry member", the terms "knowingly" and
"recklessly", and "qualified product". (§ 898-a 1, 2, 3, 4, 5 and 6).
Section 2 provides further that no gun industry member, as that term is
defined in the bill, shall create or maintain a condition that endangers
safety or health of the public through the sale, manufacturing, import-
ing, or marketing of a "qualified product" as defined in 15 U.S.C.
section 7903(4). ((§ 898-b 1 and 2).
Section 2 also declares that a violation of the new article that results
in harm to the public is a public nuisance regardless of whether the gun
industry member acted for the purpose of causing harm to the public (§
898-c 1 and 2).
Section 2 further provides for enforcement by the attorney general in
the name of the people of the state of New York or by any city corpo-
ration counsel on behalf of the locality (§ 898-d) and also provides for
a private right of action by any person, firm, corporation, or associ-
ation that has been damaged as a result of a gun industry member's acts
or omissions (§ 898-e).
Section 3: Severability clause.
Section 4. Provides that the act takes effect immediately.
JUSTIFICATION:
Virtually every illegal firearm was once legal. Our country is awash
with legal and illegal firearms and the People are paying the price in
money and misery wrought by the illegal use of legal firearms. This
unacceptable situation poses specific harm to New Yorkers based largely
on their zip code and certain immutable characteristics such as race and
ethnicity. Given the ease with which legal firearms flow into the ille-
gal market -- in spite of stringent state and local restrictions -- and
given the specific harm illegal firearm violence causes certain New
Yorkers, those responsible for the sale, manufacture, importing, or
marketing of firearms should be held liable for the public nuisance
caused by such activities. This bill has been drafted to comport with
the Protection of Lawful Commerce in Arms Act (18 USC 5921) as construed
by the United States Court of Appeals for the Second Circuit in City of
New York v Beretta USA Corp., 524 F3d 384 (2d Cir 2008). Through the
PLCAA, the firearms industry is shielded from civil liability except
when the basis for that liability is a "predicate statute" that is
applicable to the sale or marketing of firearms. With the passage of
this bill, it is our hope that the right of the People to hold the
firearms industry accountable will be restored.
LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
