STATE OF NEW YORK
        ________________________________________________________________________
                                          3732
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by M. of A. COLTON -- Multi-Sponsored by -- M. of A. HOOPER,
          RIVERA -- 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    § 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.
                                                                   LBD04979-01-7

        A. 3732                             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    §  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.