Bill Text: NY A04377 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general obligations law, in relation to the compensation for injury resulting from the sale of a weapon without a gun locking device and to amend the penal law, in relation to the definition of gun locking device

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-05-26 - enacting clause stricken [A04377 Detail]

Download: New_York-2009-A04377-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4377
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2009
                                      ___________
       Introduced by M. of A. KOON, ENGLEBRIGHT, CARROZZA -- Multi-Sponsored by
         --  M.  of A. CLARK, EDDINGTON, GALEF -- read once and referred to the
         Committee on Judiciary
       AN ACT to amend the general obligations law, in relation to the  compen-
         sation  for  injury  resulting from the sale of a weapon without a gun
         locking device and to amend the penal law, in relation  to  the  defi-
         nition of gun locking device
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general obligations law is  amended  by  adding  a  new
    2  section 11-108 to read as follows:
    3    S  11-108. COMPENSATION FOR INJURY RESULTING FROM THE SALE OF A WEAPON
    4  WITHOUT A GUN LOCKING DEVICE. 1. NO PERSON, FIRM, CORPORATION, OR  OTHER
    5  ENTITY  ENGAGED  IN  THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS, OR
    6  FIREARMS, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
    7  SHALL SELL OR TRANSFER ANY SUCH WEAPON  TO  ANOTHER  PERSON  UNLESS  THE
    8  TRANSFEREE  IS PROVIDED AT THE TIME OF SALE OR DELIVERY WITH A GUN LOCK-
    9  ING DEVICE THAT IS CAPABLE OF PREVENTING THE WEAPON FROM DISCHARGING.
   10    2. AS USED IN THIS SECTION, THE TERM "GUN  LOCKING  DEVICE"  MEANS  AN
   11  INTEGRATED  DESIGN  FEATURE OR AN ATTACHABLE ACCESSORY THAT IS RESISTANT
   12  TO TAMPERING AND IS EFFECTIVE IN PREVENTING THE DISCHARGE  OF  A  RIFLE,
   13  SHOTGUN,  OR  FIREARM  BY  A PERSON WHO DOES NOT HAVE ACCESS TO THE KEY,
   14  COMBINATION, OR OTHER MECHANISM USED TO DISENGAGE THE DEVICE.
   15    3.  ANY PERSON WHO SHALL BE INJURED  IN  PERSON,  PROPERTY,  MEANS  OF
   16  SUPPORT,  OR OTHERWISE, WHETHER RESULTING IN HIS OR HER DEATH OR NOT, BY
   17  ANY PERSON USING A FIREARM, RIFLE, OR SHOTGUN, SHALL  HAVE  A  RIGHT  OF
   18  ACTION  AND  MAY  RECEIVE COMPENSATORY DAMAGES AGAINST ANY PERSON, FIRM,
   19  CORPORATION, OR OTHER ENTITY ENGAGED IN THE RETAIL BUSINESS  OF  SELLING
   20  FIREARMS,  RIFLES,  OR  SHOTGUNS,  AS THOSE TERMS ARE DEFINED IN SECTION
   21  265.00 OF THE PENAL LAW, IF SUCH PERSON,  FIRM,  CORPORATION,  OR  OTHER
   22  ENTITY  SOLD OR TRANSFERRED THE FIREARM, RIFLE, OR SHOTGUN TO ANY PERSON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02414-01-9
       A. 4377                             2
    1  IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND SUCH SALE OR  TRANS-
    2  FER  OCCURRED  PRIOR  TO  OR  ON  THE DATE OF SUCH INJURY. SUCH CAUSE OF
    3  ACTION SHALL EXIST REGARDLESS OF THE NEGLIGENCE OR LACK THEREOF  OF  THE
    4  PERSON,  FIRM,  CORPORATION, OR OTHER ENTITY SELLING OR TRANSFERRING THE
    5  FIREARM, RIFLE, OR SHOTGUN.  SUCH ACTION MAY BE BROUGHT IN ANY COURT  OF
    6  COMPETENT JURISDICTION.
    7    4.  IN  CASE  OF  DEATH OF EITHER PARTY, THE ACTION OR RIGHT OF ACTION
    8  GIVEN UNDER SUBDIVISION THREE  OF  THIS  SECTION  SHALL  SURVIVE  TO  OR
    9  AGAINST HIS OR HER EXECUTOR OR ADMINISTRATOR.
   10    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPOSE CIVIL OR CRIM-
   11  INAL LIABILITY UPON ANY PERSON WHO IS NOT ENGAGED IN THE RETAIL BUSINESS
   12  OF SELLING FIREARMS, RIFLES, OR SHOTGUNS AND WHO SELLS OR TRANSFERS SUCH
   13  A WEAPON WITHOUT A GUN LOCKING DEVICE.
   14    6.  NOTHING  CONTAINED  IN THIS SECTION SHALL BE CONSTRUED AS LIMITING
   15  ANY EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE,  OR  IN
   16  EQUITY.
   17    S 2. Section 265.00 of the penal law is amended by adding a new subdi-
   18  vision 24 to read as follows:
   19    24.  "GUN  LOCKING  DEVICE"  MEANS  AN INTEGRATED DESIGN FEATURE OR AN
   20  ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE  IN
   21  PREVENTING THE DISCHARGE OF A RIFLE, SHOTGUN, OR FIREARM BY A PERSON WHO
   22  DOES NOT HAVE ACCESS TO THE KEY, COMBINATION, OR OTHER MECHANISM USED TO
   23  DISENGAGE  THE  DEVICE.  THE  DIVISION OF STATE POLICE SHALL DEVELOP AND
   24  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES  OR
   25  THE  MINIMUM  STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
   26  TIVE GUN LOCKING DEVICE.
   27    S 3. This act shall take effect on the first of January next  succeed-
   28  ing the date on which it shall have become a law.