Bill Text: NY S08125 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits gun industry members from marketing firearms and firearm related products to minors; excepts instances where marketing is geared toward hunting purposes; establishes a private right of action for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-08 - REFERRED TO CODES [S08125 Detail]

Download: New_York-2023-S08125-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8125

                    IN SENATE

                                     January 8, 2024
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the general business law, in relation to establishing  a
          private  right  of  action  against gun industry members for marketing
          firearms and firearm related products to minors

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

     1    Section  1. Subdivisions 2 and 6 of section 898-a of the general busi-
     2  ness law, as added by chapter 237 of the laws of 2021, are  amended  and
     3  four new subdivisions 7, 8, 9 and 10 are added to read as follows:
     4    2.  "Reasonable  controls  and  procedures"  shall  mean policies that
     5  include, but are not limited to: (a)  instituting  screening,  security,
     6  inventory  and  other  business practices to prevent thefts of qualified
     7  products as well as sales of qualified  products  to  straw  purchasers,
     8  traffickers,  persons prohibited from possessing firearms under state or
     9  federal law, or persons at risk of injuring themselves or others;  [and]
    10  (b)  preventing  deceptive  acts and practices and false advertising and
    11  otherwise  ensuring  compliance   with   all   provisions   of   article
    12  twenty-two-A  of  this  chapter;  and  (c)  preventing  the marketing of
    13  firearms and firearm related products to individuals under  the  age  of
    14  eighteen.
    15    6.  "Qualified  product" shall [have the same meaning as defined in 15
    16  U.S.C. section 7903(4)] mean a firearm, as defined in  subparagraph  (A)
    17  or (B) of 18 U.S.C. section 921(a)(3), including any antique firearm, as
    18  defined in 18 U.S.C. section 921(a)(16), or ammunition, as defined in 18
    19  U.S.C. section 921(a)(17)(A), or a firearm related product.
    20    7.  "Firearm accessory" shall mean an attachment or device designed or
    21  adapted to be inserted into, affixed onto, or used in conjunction with a
    22  firearm that is designed, intended, or functions to alter or enhance the
    23  firing capabilities of a firearm, the lethality of  the  firearm,  or  a
    24  shooter's  ability to hold and use a firearm, regardless of whether such
    25  accessory has been shipped or transported in interstate commerce.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02755-04-4
        S. 8125                             2

     1    8. "Firearm precursor part" shall mean a component of a  firearm  that
     2  is  necessary  to build or assemble a firearm and is described in any of
     3  the following categories:
     4    (a)  An  unfinished  receiver  as defined in subdivision thirty-two of
     5  section 265.00 of the penal law.
     6    (b) An unfinished handgun frame as defined in  subdivision  thirty-two
     7  of section 265.00 of the penal law.
     8    (c)  A  "major component of a firearm, rifle or shotgun" as defined in
     9  subdivision three-a of section 265.00 of the penal law.
    10    9. "Firearm related product"  shall  mean  a  firearm,  ammunition,  a
    11  firearm  precursor  part,  a  firearm component, and a firearm accessory
    12  that meets any of the following conditions:
    13    (a) The item is sold, manufactured, or distributed in New York state.
    14    (b) The item is intended to be sold or distributed in New York state.
    15    (c) The item is or was possessed in New York state and it was  reason-
    16  ably foreseeable that such item would be possessed in New York state.
    17    10.  "Firearm"  shall have the same meaning as that term is defined in
    18  subdivision three of section 265.00  of  the  penal  law,  and  for  the
    19  purposes of this article, shall include a "rifle" as defined in subdivi-
    20  sion  eleven  and  a  "shotgun" as defined in subdivision twelve of such
    21  section of the penal law.
    22    § 2. Section 898-b of the general business law is amended by adding  a
    23  new subdivision 3 to read as follows:
    24    3.  It  shall  be  unlawful  for  any gun industry member to design or
    25  market any firearm or firearm related  product  as  defined  in  section
    26  eight hundred ninety-eight-a of this article to any individual under the
    27  age of eighteen, unless such firearm or firearm related product is being
    28  designed  or  marketed  to individuals under the age of eighteen for the
    29  purposes of hunting in accordance with article eleven  of  the  environ-
    30  mental conservation law.
    31    § 3. Severability. If any clause, sentence, paragraph, section or part
    32  of  this act shall be adjudged by any court of competent jurisdiction to
    33  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    34  remainder thereof, but shall be confined in its operation to the clause,
    35  sentence,  paragraph,  section  or part thereof directly involved in the
    36  controversy in which such judgment shall have been rendered.
    37    § 4. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law. Effective immediately, the addition,  amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation  of  this act on its effective date are authorized to be made and
    41  completed on or before such effective date.