Bill Text: NY S01094 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for compensation for injury or death caused by the negligent entrustment of a firearm.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S01094 Detail]

Download: New_York-2023-S01094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1094

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by  Sens.  BAILEY, COMRIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

        AN ACT to amend the general obligations law, in  relation  to  providing
          for  compensation for injury or death caused by the negligent entrust-
          ment of a firearm

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent.  The  federal  Protection  of Lawful
     2  Commerce in Arms Act, 109 P.L. 92, 119 Stat. 2095, bars almost all civil
     3  actions or proceedings against manufacturers and  sellers  of  firearms,
     4  but  it provides an exemption for actions brought for negligent entrust-
     5  ment.  Negligent entrustment under the act  means  the  supplying  of  a
     6  firearm  by a seller for use by another person when the seller knows, or
     7  reasonably should know, the person to whom the product  is  supplied  is
     8  likely  to, and does, use the product in a manner involving unreasonable
     9  risk of physical injury to the person or others. It is the intent of the
    10  legislature to extend the negligent  entrustment  liability  of  firearm
    11  manufacturers  and sellers to the maximum extent allowable under federal
    12  law.
    13    § 2. The general obligations law is amended by adding  a  new  section
    14  11-108 to read as follows:
    15    §  11-108.  Compensation  for  injury or death caused by the negligent
    16  entrustment of a firearm. 1. Any person who is injured in person,  prop-
    17  erty,  means of support, or otherwise by the use of a firearm shall have
    18  a right of action against any person or entity who caused or contributed
    19  to the injury through the negligent entrustment of  a  firearm.  In  any
    20  such action, the injured person shall have a right to recover actual and
    21  punitive damages.
    22    2.  In case of the death of the person injured, the action or right of
    23  action given by this action shall survive to  his  or  her  executor  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03321-01-3
        S. 1094                             2

     1  administrator,  and  the amount so recovered by either a spouse or child
     2  shall be his or her sole and separate property.
     3    3.  Actions as described in subdivision one or two of this section may
     4  be brought in any court of competent jurisdiction.
     5    4. In any case where parents shall be entitled to such damages, either
     6  parent may sue alone therefor, but recovery by one of such parties shall
     7  be a bar to suit brought by the other.
     8    5. As used in this section, "negligent entrustment" means the  supply-
     9  ing  of  a firearm by a seller for use by another person when the seller
    10  knows, or reasonably should know, the person  to  whom  the  product  is
    11  supplied  is  likely to, and does, use the product in a manner involving
    12  unreasonable risk of physical injury to the person or others.
    13    6. For the purposes of this section, the distribution of an  automatic
    14  or   semi-automatic  firearm  not  typically  used  for  lawful  hunting
    15  purposes, including but not limited to handguns and assault weapons,  to
    16  the public, including those with a permit to possess a firearm, involves
    17  an unreasonable risk of physical injury to others.
    18    §  3.  This  act  shall take effect immediately and shall apply to all
    19  claims arising on or after such effective date and to all claims pending
    20  on such effective date.