STATE OF NEW YORK ________________________________________________________________________ 4927 2023-2024 Regular Sessions IN SENATE February 17, 2023 ___________ Introduced by Sens. SEPULVEDA, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to creat- ing a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 13-C to read as follows: 3 ARTICLE 13-C 4 CIVIL REMEDIES; GUN SAFETY LAWS 5 Section 1360. Definition. 6 1361. Action to recover damages. 7 1362. Prohibited defenses. 8 1363. Affirmative defenses. 9 1364. Construction. 10 § 1360. Definition. For the purposes of this article: 1. "Assault 11 weapon" shall have the same meaning as such term is defined in subdivi- 12 sion twenty-two of section 265.00 of the penal law. 13 2. "Ghost gun" shall have the same meaning as such term is defined in 14 subdivision thirty-two of section 265.00 of the penal law. 15 § 1361. Action to recover damages. 1. Any person, other than an offi- 16 cer or employee of a state or local government entity in this state may 17 bring a civil cause of action against any person or entity who: 18 (a) manufactures, distributes, or sells assault weapons or ghost guns, 19 or parts for any such weapons or ghost guns within the state; 20 (b) aids and abets an individual or entity in manufacturing, distrib- 21 uting, or selling assault weapons or ghost guns, or parts for any such 22 weapons or ghost guns within the state; or 23 (c) intends to manufacture, distribute, or sell assault weapons or 24 ghost guns within the state or aid and abet an individual or entity in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07198-01-3S. 4927 2 1 manufacturing, distributing, or selling assault weapons or ghost guns, 2 or parts for any such weapons or ghost guns within the state. 3 2. (a) If a plaintiff prevails in an action brought pursuant to this 4 section, such plaintiff shall be awarded injunctive relief sufficient to 5 prevent the defendant from continuing to aid and abet any violation the 6 provisions of law set forth in subdivision one of this section, statuto- 7 ry damages in an amount not less than ten thousand dollars for each 8 violation of such provisions and for any aiding and abetting of such 9 provisions, and attorney's fees and other costs associated with bringing 10 such cause of action. 11 (b) A court may not award relief under paragraph (a) of this subdivi- 12 sion in response to a cause of action brought pursuant to this section 13 if the defendant demonstrates that he or she previously paid the full 14 amount of statutory damages pursuant to paragraph (a) of this subdivi- 15 sion in a previous action for that particular violation of a provision 16 of law as set forth in subdivision one of this section or for the 17 particular aiding and abetting the violation of a provision of law set 18 forth in subdivision one of this section. 19 3. A plaintiff may bring a cause of action pursuant to this section 20 within four years of the date of the violation or aiding and abetting of 21 the violation of the provisions of law. 22 4. Notwithstanding any other law, this state, a state official, or a 23 district or county attorney may not intervene in an action brought under 24 this section. This subdivision does not prohibit any such person from 25 filing an amicus curiae brief in the action. 26 5. Notwithstanding any other law, a court may not award costs or 27 attorney's fees to a defendant in an action brought pursuant to this 28 section. 29 § 1362. Prohibited defenses. The following shall not be a defense to 30 an action brought pursuant to section thirteen hundred sixty-one of this 31 article: 32 1. ignorance or mistake of law; 33 2. a defendant's belief that the requirements of this section are or 34 were unconstitutional; 35 3. a defendant's reliance on any state or federal court decision that 36 is not binding on the court in which the action has been brought; 37 4. a defendant's reliance on any court decision that has been over- 38 ruled on appeal or by a subsequent court, even if such decision has not 39 been overruled when the defendant violated, aided or abetted in violat- 40 ing, or intended to violate the provisions of subdivision one of section 41 thirteen hundred sixty-one of this article; 42 5. non-mutual preclusion or non-mutual claim preclusion; or 43 6. any claim that the enforcement of the provisions of this section or 44 the imposition of civil liability against the defendant will violate the 45 constitutional rights of third parties. 46 § 1363. Affirmative defenses. 1. The following shall be affirmative 47 defenses to an action brought pursuant to section thirteen hundred 48 sixty-one of this article: 49 (a) a defendant who aided or abetted a violation of one or more of the 50 provisions of subdivision one of section thirteen hundred sixty-one of 51 this article reasonably believed, after conducting a reasonable investi- 52 gation, that an individual violating such provision or provisions had 53 complied or would comply with such laws; or 54 (b) a defendant who intended to violate or aid and abet a violation of 55 one or more of the provisions of subdivision one of section thirteen 56 hundred sixty-one of this article reasonably believed, after conductingS. 4927 3 1 a reasonable investigation, that an individual violating such provision 2 or provisions would comply with such laws. 3 2. The defendant shall have the burden of proving an affirmative 4 defense under subdivision one of this section. 5 § 1364. Construction. This article may not be construed to impose 6 liability on any speech or conduct protected by the first amendment of 7 the United States constitution. 8 § 2. This act shall take effect immediately.