S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4681
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M.  of  A. COLTON, SCARBOROUGH, ROBERTS -- read once and
         referred to the Committee on Judiciary
       AN ACT to amend the general obligations law, in  relation  to  liability
         for  the manufacture, sale, leasing or other disposition of ammunition
         feeding devices and compensation for damages
         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. LIABILITY FOR MANUFACTURE, SALE, LEASING OR  OTHER  DISPOSI-
    4  TION OF AMMUNITION FEEDING DEVICES. 1. AS USED IN THIS SECTION THE TERM:
    5    (A)  "LARGE  CAPACITY AMMUNITION FEEDING DEVICE" SHALL MEAN MAGAZINES,
    6  BELTS, FEEDSTRIPS, DRUMS, CLIPS, OR SIMILAR  DEVICES  CAPABLE  OF  BEING
    7  ATTACHED  TO  OR  UTILIZED WITH A RIFLE, SHOTGUN OR PISTOL AS DEFINED IN
    8  SECTION 265.00 OF THE PENAL LAW AND WHICH, IN THE CASE  OF  A  RIFLE  OR
    9  SHOTGUN, HAS THE CAPACITY OF, OR CAN BE READILY RESTORED OR CONVERTED TO
   10  ACCEPT,  MORE  THAN  FIVE CARTRIDGES, OR IN THE CASE OF A PISTOL HAS THE
   11  CAPACITY OF, OR CAN BE READILY RESTORED OR  CONVERTED  TO  ACCEPT,  MORE
   12  THAN  FIFTEEN CARTRIDGES. THE TERM SHALL ALSO INCLUDE ANY COMBINATION OF
   13  PARTS FROM WHICH SUCH DEVICES CAN BE ASSEMBLED;
   14    (B) "MANUFACTURER" SHALL MEAN ANY PERSON, CORPORATION, FIRM,  PARTNER-
   15  SHIP OR OTHER ENTITY THAT MANUFACTURES LARGE CAPACITY AMMUNITION FEEDING
   16  DEVICES; AND
   17    (C)  "DEALER" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP OR
   18  OTHER ENTITY THAT SELLS, LEASES OR IN ANY MANNER  DISPOSES  OF  A  LARGE
   19  CAPACITY AMMUNITION FEEDING DEVICE.
   20    2. A MANUFACTURER OR DEALER MAY BE HELD STRICTLY LIABLE IN TORT, WITH-
   21  OUT REGARD TO FAULT OR PROOF OF DEFECT, FOR ALL DIRECT AND CONSEQUENTIAL
   22  DAMAGES  TO  ANY PERSON INJURED IN PERSON, PROPERTY OR MEANS OF SUPPORT,
   23  OR KILLED, IF THE INJURY OR DEATH PROXIMATELY RESULTS FROM  THE  ILLEGAL
   24  DISCHARGE  OF  A  FIREARM  TO  WHICH A LARGE CAPACITY AMMUNITION FEEDING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06695-01-5
       A. 4681                             2
    1  DEVICE WAS AFFIXED THERETO AND UTILIZED. IN CASE OF THE DEATH OF  EITHER
    2  PARTY,  THE LIABILITY ESTABLISHED HEREIN SHALL SURVIVE TO OR AGAINST HIS
    3  OR HER EXECUTOR OR ADMINISTRATOR, AND THE AMOUNT SO RECOVERED BY  EITHER
    4  SPOUSE OR CHILD SHALL BE HIS OR HER SOLE AND SEPARATE PROPERTY.
    5    3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
    6  THERE SHALL BE NO BASIS FOR LIABILITY UNDER THIS SECTION IF:
    7    (A) THE INDIVIDUAL INJURED OR KILLED WAS ENGAGED IN A CRIMINAL ACT  AT
    8  THE TIME OF HIS OR HER INJURY OR DEATH;
    9    (B)  THE MANUFACTURER OR DEALER SOLD, LEASED, OR OTHERWISE DISPOSED OF
   10  THE LARGE CAPACITY AMMUNITION FEEDING DEVICE TO A PERSON OR  ENTITY  WHO
   11  WAS:
   12    (I) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, WHEN POSSESSION
   13  IS AUTHORIZED BY LAW OR REGULATION;
   14    (II)  AN EMPLOYEE OF A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCY
   15  OR OTHER MEMBERS OF THE CRIMINAL  JUSTICE  SYSTEM,  WHEN  POSSESSION  IS
   16  AUTHORIZED BY LAW OR REGULATION.
   17    (C) THE INDIVIDUAL WHO DISCHARGED THE FIREARM TO WHICH A LARGE CAPACI-
   18  TY AMMUNITION FEEDING DEVICE WAS AFFIXED THERETO AND UTILIZED:
   19    (I)  IS  A  MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES, WHOSE
   20  POSSESSION IS AUTHORIZED BY LAW OR REGULATION;
   21    (II) IS AN EMPLOYEE OF A FEDERAL,  STATE,  OR  LOCAL  LAW  ENFORCEMENT
   22  AGENCY  OR OTHER MEMBER OF THE CRIMINAL JUSTICE SYSTEM, WHOSE POSSESSION
   23  IS AUTHORIZED BY LAW OR REGULATION.
   24    4. ANY DEFENSE THAT IS AVAILABLE IN A  STRICT  LIABILITY  TORT  ACTION
   25  SHALL BE AVAILABLE AS A DEFENSE UNDER THIS SECTION.
   26    5.  THIS  SECTION  SHALL  NOT  OPERATE  TO LIMIT IN SCOPE ANY CAUSE OF
   27  ACTION, OTHER THAN THAT PROVIDED BY THIS SECTION, AVAILABLE TO A  PERSON
   28  INJURED IN PERSON, PROPERTY OR MEANS OF SUPPORT OR KILLED BY A FIREARM.
   29    S  2. This act shall take effect on the first of January next succeed-
   30  ing the date on which it shall have become a law and shall apply to  any
   31  cause of action which accrues on or after such date.