STATE OF NEW YORK ________________________________________________________________________ 7196 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. LBD06691-06-1S. 7196 2 1 ARTICLE 39-DDDD 2 SALE, MANUFACTURING, IMPORTING AND MARKETING OF FIREARMS 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 toS. 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.