STATE OF NEW YORK
        ________________________________________________________________________

                                          10545

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
          read once and referred to the Committee on Codes

        AN  ACT  to  create a private right of action for any person against any
          person who, within this state, manufactures or causes to  be  manufac-
          tured,  distributes,  transports, or imports into the state, or causes
          to be distributed or transported or imported into the state, keeps for
          sale or offers or exposes for sale, or  gives  or  lends  any  firearm
          lacking  a  serial  number  required  by  law, assault weapon, .50 BMG
          rifle, or firearm precursor part, subject to certain  exceptions;  and
          to  amend the civil practice law and rules, in relation to the liabil-
          ity of a person who challenges a firearm restriction in court

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

     1    Section  1.  Legislative  intent. (a) The Legislature hereby finds and
     2  declares that the proliferation of assault weapons, .50 BMG rifles,  and
     3  unserialized firearms poses a threat to the health, safety, and security
     4  of  all  residents of, and visitors to, this state. All New Yorker resi-
     5  dents are directly harmed by the proliferation of these weapons and this
     6  state has a compelling state interest in protecting  its  citizens  from
     7  gun violence and from intimidation by persons brandishing these weapons.
     8  Further,  this  state has a compelling interest in enabling law enforce-
     9  ment authorities to trace firearms used, manufactured,  distributed,  or
    10  transported unlawfully.
    11    (b)  The  Legislature  has previously restricted assault weapons based
    12  upon finding that each such firearm has such a high  rate  of  fire  and
    13  capacity  for  firepower  that  its  function  as a legitimate sports or
    14  recreational firearm is substantially outweighed by the danger  that  it
    15  can  be used to kill and injure human beings. The Legislature finds that
    16  .50 BMG rifles pose a clear and present threat to  the  health,  safety,
    17  and  security  of all residents of, and visitors to, this state, because
    18  those firearms have such a high capacity for  long-distance  and  highly
    19  destructive  firepower  that they pose an unacceptable risk of death and
    20  serious injury of human beings, destruction or serious damage  of  vital
    21  public  and  private  buildings, civilian, police and military vehicles,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16026-01-2

        A. 10545                            2

     1  power generation and transmission facilities,  petrochemical  production
     2  and  storage facilities, and transportation infrastructure. The Legisla-
     3  ture further finds and  declares  that  the  manufacture,  distribution,
     4  transport, importation, and sale of unserialized firearms poses a threat
     5  to  the  health,  safety, and security of all residents of, and visitors
     6  to, this state, and impedes law enforcement  activities,  and  that  the
     7  manufacture,  distribution,  transport, importation, and sale of firearm
     8  precursor parts and kits is contributing to the proliferation of unseri-
     9  alized firearms in the state.
    10    (c) It is the intent of  the  Legislature  in  enacting  this  act  to
    11  restrict  in  this  state the manufacture, distribution, transportation,
    12  importation, and sale of assault weapons, .50 BMG rifles, and  unserial-
    13  ized  firearms  by  creating  new  civil  law  prohibitions  and a civil
    14  enforcement mechanism, independent of existing law. Nothing in this  act
    15  shall  be  construed  to limit in any way the enforceability of existing
    16  laws concerning firearms.
    17    § 2. For purposes of this act, the following definitions shall apply:
    18    (a) ".50 BMG rifle" means a center fire rifle that can fire a .50  BMG
    19  cartridge and is not already an assault weapon or a machinegun. ".50 BMG
    20  rifle"  does not include any antique firearm, nor any curio or relic, as
    21  defined in Section 478.11 of Title 27  of  the  Code  of  Federal  Regu-
    22  lations.
    23    (b)  (1) "Assault weapon" means the following designated semiautomatic
    24  firearms:
    25    (A) All of the following specified rifles:
    26    (i) All AK series, including, but not limited to, the  models  identi-
    27  fied as follows:
    28    (I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
    29    (II) Norinco 56, 56S, 84S, and 86S.
    30    (III) Poly Technologies AKS and AK47.
    31    (IV) MAADI AK47 and ARM.
    32    (ii) UZI and Galil.
    33    (iii) Beretta AR-70.
    34    (iv) CETME Sporter.
    35    (v) Colt AR-15 series.
    36    (vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
    37    (vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
    38    (viii) MAS 223.
    39    (ix) HK-91, HK-93, HK-94, and HK-PSG-1.
    40    (x) The following MAC types:
    41    (I) RPB Industries Inc. sM10 and sM11.
    42    (II) SWD Incorporated M11.
    43    (xi) SKS with detachable magazine.
    44    (xii) SIG AMT, PE-57, SG 550, and SG 551.
    45    (xiii) Springfield Armory BM59 and SAR-48.
    46    (xiv) Sterling MK-6.
    47    (xv) Steyer AUG.
    48    (xvi) Valmet M62S, M71S, and M78S.
    49    (xvii) Armalite AR-180.
    50    (xviii) Bushmaster Assault Rifle.
    51    (xix) Calico M-900.
    52    (xx) J&R ENG M-68.
    53    (xxi) Weaver Arms Nighthawk.
    54    (B) All of the following specified pistols:
    55    (i) UZI.
    56    (ii) Encom MP-9 and MP-45.

        A. 10545                            3

     1    (iii) The following MAC types:
     2    (I) RPB Industries Inc. sM10 and sM11.
     3    (II) SWD Incorporated M-11.
     4    (III) Advance Armament Inc. M-11.
     5    (IV) Military Armament Corp. Ingram M-11.
     6    (V) Intratec TEC-9.
     7    (VI) Sites Spectre.
     8    (VII) Sterling MK-7.
     9    (VIII) Calico M-950.
    10    (IX) Bushmaster Pistol.
    11    (C) All of the following specified shotguns:
    12    (i) Franchi SPAS 12 and LAW 12.
    13    (ii) Striker 12.
    14    (iii) The Streetsweeper type S/S Inc. SS/12.
    15    (D) Any firearm declared to be an assault weapon by the court.
    16    (E)  Any  firearm  included  in  the  list promulgated by the Attorney
    17  General pursuant to the Penal Law and any other  models  that  are  only
    18  variations  of  those  weapons with minor differences, regardless of the
    19  manufacturer. The Legislature has defined assault weapons as the  types,
    20  series,  and  models  listed  in  this paragraph because it was the most
    21  effective way to identify and restrict a specific class of semiautomatic
    22  weapons.
    23    (F) As used in this paragraph, "series" includes all other models that
    24  are only variations, with minor differences, of those models  listed  in
    25  subparagraph (A) of this paragraph, regardless of the manufacturer.
    26    (2)  (A) Notwithstanding paragraph (1) of this section, "assault weap-
    27  on" also means any of the following:
    28    (i) A semiautomatic, centerfire rifle that does not have a fixed maga-
    29  zine but has any one of the following:
    30    (I) A pistol grip that protrudes conspicuously beneath the  action  of
    31  the weapon.
    32    (II) A thumbhole stock.
    33    (III) A folding or telescoping stock.
    34    (IV) A grenade launcher or flare launcher.
    35    (V) A flash suppressor.
    36    (VI) A forward pistol grip.
    37    (ii)  A semiautomatic, centerfire rifle that has a fixed magazine with
    38  the capacity to accept more than 10 rounds.
    39    (iii) A semiautomatic, centerfire rifle that has an overall length  of
    40  less than 30 inches.
    41    (iv)  A  semiautomatic  pistol that does not have a fixed magazine but
    42  has any one of the following:
    43    (I) A threaded  barrel,  capable  of  accepting  a  flash  suppressor,
    44  forward handgrip, or silencer.
    45    (II) A second handgrip.
    46    (III)  A shroud that is attached to, or partially or completely encir-
    47  cles, the barrel that allows the bearer to fire the weapon without burn-
    48  ing the bearer's hand, except a slide that encloses the barrel.
    49    (IV) The capacity to accept a detachable  magazine  at  some  location
    50  outside of the pistol grip.
    51    (v) A semiautomatic pistol with a fixed magazine that has the capacity
    52  to accept more than 10 rounds.
    53    (vi) A semiautomatic shotgun that has both of the following:
    54    (I) A folding or telescoping stock.
    55    (II)  A pistol grip that protrudes conspicuously beneath the action of
    56  the weapon, thumbhole stock, or vertical handgrip.

        A. 10545                            4

     1    (vii) A semiautomatic shotgun that does not have a fixed magazine.
     2    (viii) Any shotgun with a revolving cylinder.
     3    (ix)  A semiautomatic, centerfire firearm that is not a rifle, pistol,
     4  or shotgun, that does not have a fixed magazine, but that has any one of
     5  the following:
     6    (I) A pistol grip that protrudes conspicuously beneath the  action  of
     7  the weapon.
     8    (II) A thumbhole stock.
     9    (III) A folding or telescoping stock.
    10    (IV) A grenade launcher or flare launcher.
    11    (V) A flash suppressor.
    12    (VI) A forward pistol grip.
    13    (VII)  A  threaded  barrel,  capable  of accepting a flash suppressor,
    14  forward handgrip, or silencer.
    15    (VIII) A second handgrip.
    16    (IX) A shroud that is attached to, or partially or  completely  encir-
    17  cles, the barrel that allows the bearer to fire the weapon without burn-
    18  ing the bearer's hand, except a slide that encloses the barrel.
    19    (X)  The  capacity  to  accept  a detachable magazine at some location
    20  outside of the pistol grip.
    21    (x) A semiautomatic, centerfire firearm that is not a  rifle,  pistol,
    22  or  shotgun,  that has a fixed magazine with the capacity to accept more
    23  than 10 rounds.
    24    (xi) A semiautomatic, centerfire firearm that is not a rifle,  pistol,
    25  or shotgun, that has an overall length of less than 30 inches.
    26    (B)  For purposes of this paragraph, "fixed magazine" means an ammuni-
    27  tion feeding device contained in, or permanently attached to, a  firearm
    28  in  such  a manner that the device cannot be removed without disassembly
    29  of the firearm action.
    30    (C) The Legislature finds a significant public  purpose  in  exempting
    31  from  the  definition  of  "assault  weapon"  pistols  that are designed
    32  expressly for use in Olympic target shooting events.   Therefore,  those
    33  pistols  that  are sanctioned by the International Olympic Committee and
    34  by USA Shooting, the national governing body for international  shooting
    35  competition  in the United States, and that were used for Olympic target
    36  shooting purposes as of January 1, 2001, and that would  otherwise  fall
    37  within  the  definition of "assault weapon" pursuant to this section are
    38  exempt, as provided in subparagraph (D) of this paragraph.
    39    (D) "Assault weapon" does not include either of the following:
    40    (i) Any antique firearm.
    41    (ii) Any of the following pistols, because they  are  consistent  with
    42  the  significant  public  purpose  expressed in subparagraph (C) of this
    43  paragraph:

    44  MANUFACTURER        MODEL          CALIBER

    45  BENELLI             MP90           .22LR
    46  BENELLI             MP90           .32 S&W LONG
    47  BENELLI             MP95           .22LR
    48  BENELLI             MP95           .32 S&W LONG
    49  HAMMERLI            280            .22LR
    50  HAMMERLI            280            .32 S&W LONG
    51  HAMMERLI            SP20           .22LR
    52  HAMMERLI            SP20           .32 S&W LONG
    53  PARDINI             GPO            .22 SHORT
    54  PARDINI             GP-SCHUMANN    .22 SHORT

        A. 10545                            5

     1  PARDINI             HP             .32 S&W LONG
     2  PARDINI             MP             .32 S&W LONG
     3  PARDINI             SP             .22LR
     4  PARDINI             SPE            .22LR
     5  WALTHER             GSP            .22LR
     6  WALTHER             GSP            .32 S&W LONG
     7  WALTHER             OSP            .22 SHORT
     8  WALTHER             OSP-2000       .22 SHORT

     9    (iii) The Division of Criminal Justice Services shall create a program
    10  that  is consistent with the purposes stated in subparagraph (C) of this
    11  paragraph to exempt new models of competitive pistols that would  other-
    12  wise  fall  within  the  definition of "assault weapon" pursuant to this
    13  section from being classified as an assault weapon. The  exempt  compet-
    14  itive pistols may be based on recommendations by USA Shooting consistent
    15  with the regulations contained in the USA Shooting Official Rules or may
    16  be  based  on the recommendation or rules of any other organization that
    17  the division deems relevant.
    18    (c) "Firearm" means a device, designed to be used as  a  weapon,  from
    19  which  is  expelled  through  a  barrel, a projectile by the force of an
    20  explosion or other form of combustion.
    21    (d) (1) "Firearm precursor part" means a component of a  firearm  that
    22  is  necessary  to build or assemble a firearm and is described in either
    23  of the following categories:
    24    (A) An unfinished receiver, including both a single part receiver  and
    25  a multiple part receiver, such as a receiver in an AR-10- or AR-15-style
    26  firearm.  An  unfinished  receiver includes a receiver tube, a molded or
    27  shaped polymer frame or receiver, a metallic casting, a  metallic  forg-
    28  ing,  and  a  receiver flat, such as a Kalashnikov-style weapons system,
    29  Kalashnikov-style receiver channel, or a  Browning-style  receiver  side
    30  plate.
    31    (B) An unfinished handgun frame.
    32    (2)  The  Division  of Criminal Justice Services, consistent with this
    33  subdivision, shall  provide  written  guidance  and  pictorial  diagrams
    34  demonstrating each category of firearm precursor part specified in para-
    35  graph (1) of this subdivision.
    36    (3)  Firearm  parts  that  can  only  be  used on antique firearms, as
    37  defined in section 265.00 of the Penal Law, are  not  firearm  precursor
    38  parts.
    39    (4) A firearm precursor part is not a firearm or the frame or receiver
    40  of a firearm.
    41    (e) "Unserialized firearm" means a firearm that does not have a serial
    42  number as required by law or has had its serial number altered or oblit-
    43  erated.
    44    §  3.  (a)  Notwithstanding any other law, no person within this state
    45  may manufacture or cause to be manufactured, distribute,  transport,  or
    46  import  into  the  state,  or  cause  to be distributed, transported, or
    47  imported into the state, keep for sale, offer or  expose  for  sale,  or
    48  give  or  lend,  any  assault  weapon,  .50  BMG  rifle, or unserialized
    49  firearm, except as provided in subdivisions (d) and (e) of section  four
    50  of this act.
    51    (b)  No  person within this state may manufacture or cause to be manu-
    52  factured, distribute, transport, or import into the state, or  cause  to
    53  be distributed or transported or imported into the state, keep for sale,
    54  offer  or  expose for sale, or give or lend, any firearm precursor part.
    55  This subdivision shall not  apply  to  a  manufacturer  or  importer  of

        A. 10545                            6

     1  firearms  licensed  pursuant to Chapter 44 (commencing with Section 921)
     2  of Part I of Title 18 of the United States  Code,  and  the  regulations
     3  issued  pursuant thereto, except that the manufacturer or importer shall
     4  not  perform any of the acts prohibited by this subdivision with respect
     5  to a kit of firearm precursor parts containing all  parts  necessary  to
     6  construct a functioning firearm.
     7    (c)  The  prohibitions  described  in subdivisions (a) and (b) of this
     8  section apply whether or not the assault weapon, .50 BMG rifle,  unseri-
     9  alized  firearm,  or firearm precursor part is misused or is intended to
    10  be misused in a criminal or unlawful manner.
    11    (d) Subdivisions (a) and (b) of this section do not apply to the  sale
    12  of  an  assault  weapon, .50 BMG rifle, unserialized firearm, or firearm
    13  precursor part to, or the  purchase,  transport,  importation,  sale  or
    14  other  transfer,  or manufacture of, an assault weapon, a .50 BMG rifle,
    15  unserialized firearm, or firearm precursor part by, any law  enforcement
    16  agency, public entity that employs peace officers, or any authorized law
    17  enforcement  representative  thereof,  if  that  person or entity is not
    18  prohibited by law from possessing an  assault  weapon,  .50  BMG  rifle,
    19  unserialized  firearm,  or  firearm  precursor  part, including, without
    20  limitation, the Division of Criminal Justice Services, a police  depart-
    21  ment or sheriffs' or marshals' office, the Department of Corrections and
    22  Community Supervision, the Division of State Police, the Attorney Gener-
    23  al,  a  district  attorneys'  office,  the  Department  of Environmental
    24  Conservation, the Office of Parks, Recreation and Historic Preservation,
    25  the Cannabis Control Board, the military or naval forces of  this  state
    26  or of the United States, a law enforcement or military agency of another
    27  state,  any federal law enforcement agency, or any foreign government or
    28  agency approved by the United States Department of State, for use in the
    29  discharge of the official duties of such entities.
    30    (e) Subdivisions (a) and (b) of this section do not apply to a  person
    31  who  is  the  executor  or  administrator  of an estate that includes an
    32  assault weapon or a .50 BMG rifle registered in this state, or that  was
    33  legally  possessed  within  this  state,  or a firearm assigned a serial
    34  number that is disposed of as authorized by the probate  court,  if  the
    35  disposition is otherwise permitted under the laws of New York State.
    36    §  4. (a) Notwithstanding the provisions of section three of this act,
    37  any licensed firearms dealer may take possession of any  assault  weapon
    38  or .50 BMG rifle from any person to whom it is legally registered or who
    39  has  been  issued a permit to possess it pursuant to New York State law,
    40  or of any firearm precursor part,  for  the  purposes  of  servicing  or
    41  repair.
    42    (b)  Notwithstanding  the provisions of section three of this act, any
    43  licensed firearms dealer may transfer possession of any assault  weapon,
    44  .50  BMG  rifle, or firearm precursor part received pursuant to subdivi-
    45  sion (a) of this section, to a gunsmith for  purposes  of  repairing  or
    46  servicing  that  weapon. A transfer is permissible only to the following
    47  persons:
    48    (1) A gunsmith employed the dealer.
    49    (2) A gunsmith with whom the dealer  has  contracted  for  gunsmithing
    50  services.
    51    (c)  Paragraph  (2) of subdivision (b) of this section applies only if
    52  the gunsmith receiving the assault weapon, .50  BMG  rifle,  or  firearm
    53  precursor part meets both of the following qualifications:
    54    (1)  The gunsmith holds a dealer license issued pursuant to Chapter 44
    55  (commencing with Section 921) of Title 18 of the United States Code  and
    56  the regulations issued pursuant thereto.

        A. 10545                            7

     1    (2)  The  gunsmith  holds  any business license required by a state or
     2  local governmental entity.
     3    (d)  In  addition  to the uses permitted under New York State law, any
     4  licensed gun dealer who lawfully possesses an assault  weapon,  .50  BMG
     5  rifle,  or  firearm  precursor  part pursuant to those provisions may do
     6  either of the following:
     7    (1) Transport the firearm or firearm precursor part between dealers or
     8  out of the state if that person is permitted pursuant  to  the  National
     9  Firearms  Act. Any transporting allowed by this section or section three
    10  of this act shall be in compliance with the Penal Law.
    11    (2) Sell the firearm or firearm precursor part to a  resident  outside
    12  the state.
    13    (e)  Notwithstanding  the provisions of section three of this act, any
    14  individual may, provided that the assault weapon or .50 BMG rifle, unse-
    15  rialized firearm, or firearm precursor part is transported in compliance
    16  with the Penal Law, do any of the following:
    17    (1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle,
    18  unserialized firearm, or firearm precursor part to a police or sheriff's
    19  department.
    20    (2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unse-
    21  rialized firearm, or firearm precursor part to an  authorized  represen-
    22  tative  of  a  city, city and county, county, or state government, or of
    23  the federal government, provided that the entity is acquiring the weapon
    24  as part of an authorized, voluntary  program  in  which  the  entity  is
    25  buying or receiving weapons from private individuals.
    26    (3) Transfer, relinquish, or dispose of a firearm or precursor part in
    27  compliance with the requirements of the Penal Law.
    28    §  5.  (a) Notwithstanding any other law, the requirements of this act
    29  shall  be  enforced  exclusively  through  the  private  civil   actions
    30  described  in section six of this act. No enforcement of this act may be
    31  taken or threatened by this state, a political subdivision,  a  district
    32  or county or city attorney, or an executive or administrative officer or
    33  employee  of  this  state or a political subdivision against any person,
    34  except as provided in section six of this act.
    35    (b) The fact that conduct violates this act shall not be an  independ-
    36  ent basis for enforcement of any other law of this state, or the denial,
    37  revocation,  suspension,  or  withholding  of  any  right  or  privilege
    38  conferred by the law of this state or  a  political  subdivision,  or  a
    39  threat  to  do  the  same,  by  this  state,  a political subdivision, a
    40  district or county or city attorney, or an executive  or  administrative
    41  officer  or  employee  of  this  state  or a political subdivision, or a
    42  board, commission, or similar body assigned authority  to  do  so  under
    43  law,  against any person, except as provided in section six of this act.
    44  Nor shall any civil action predicated upon a violation of  this  act  be
    45  brought  by this state, a political subdivision, a district or county or
    46  city attorney, or an executive or administrative officer or employee  of
    47  this  state  or  a  political  subdivision.  For avoidance of doubt, the
    48  rights and privileges described by this subdivision include, but are not
    49  limited to, any business licenses and permits  issued  pursuant  to  New
    50  York State law or any firearms, ammunition, or precursor parts dealer or
    51  vendor licenses issued pursuant to the Penal Law. This subdivision shall
    52  not  be construed to prevent or limit enforcement of any other law regu-
    53  lating conduct that also violates this act.
    54    (c) Subdivisions (a) and (b) of this section shall not be construed to
    55  do any of the following:
    56    (1) Legalize the conduct prohibited by the Penal Law.

        A. 10545                            8

     1    (2) Waive any requirements prescribed by the Penal Law.
     2    (3)  Limit  or  affect  the  availability  of  a remedy established by
     3  section six of this act.
     4    (4) Limit the enforceability  of  any  other  laws  that  regulate  or
     5  prohibit  any  conduct  relating  to assault weapons, .50 BMG rifles, or
     6  firearm precursor parts.
     7    § 6. (a) Any person, other than an officer or employee of a  state  or
     8  local  governmental  entity  in  this  state,  may  bring a civil action
     9  against any person who does any of the following:
    10    (1) Knowingly violates section three of this act.
    11    (2) Knowingly engages in conduct that aids or  abets  a  violation  of
    12  section  three  of  this  act,  regardless of whether the person knew or
    13  should have known that the person aided or abetted  would  be  violating
    14  section three of this act.
    15    (3)  Knowingly commits an act with the intent to engage in the conduct
    16  described by paragraph (1) or (2) of this subdivision.
    17    (b) If a claimant prevails in an action brought  under  this  section,
    18  the court shall award all of the following:
    19    (1) Injunctive relief sufficient to prevent the defendant from violat-
    20  ing  this  act  or  engaging in acts that aid or abet violations of this
    21  act.
    22    (2) (A) (i) Statutory damages in an amount of not less than ten  thou-
    23  sand  dollars  ($10,000) for each weapon or firearm precursor part as to
    24  which the defendant violated section three of this  act,  and  for  each
    25  weapon  or  firearm  precursor  part  as to which the defendant aided or
    26  abetted a violation of section three of this act.
    27    (ii) This subparagraph shall remain in effect unless found by a  court
    28  to  be  invalid  or unconstitutional, in which case this subparagraph is
    29  repealed and subparagraph (B) of  this  paragraph  shall  become  opera-
    30  tional.
    31    (B) (i) Statutory damages in an appropriate amount to be determined by
    32  the  court for each violation of this act. In making that determination,
    33  the court shall consider factors that include, but are not  limited  to,
    34  the  number  of  firearms or precursor parts involved in the defendant's
    35  violation of this act, the duration of the prohibited  conduct,  whether
    36  the  defendant  has  previously  violated this act or any other federal,
    37  state, or local law concerning the regulation of firearms, and any other
    38  factors tending to increase the risk to the public, such as proximity of
    39  the violations to sensitive places.
    40    (ii) This subparagraph shall become effective only if  a  court  finds
    41  subparagraph (A) of this paragraph to be invalid or unconstitutional.
    42    (3) Attorney's fees and costs.
    43    (c) Notwithstanding subdivision (b) of this section, a court shall not
    44  award  relief  under this section in response to a violation of subdivi-
    45  sion (a) of this section if the defendant demonstrates that the  defend-
    46  ant previously paid the full amount of any monetary award under subdivi-
    47  sion  (b)  of  this  section  in  a  previous action for each firearm or
    48  firearm precursor part as to which the defendant violated, or  aided  or
    49  abetted a violation of, section three of this act.
    50    (d)  Notwithstanding  any  other  law,  a  cause  of action under this
    51  section shall be extinguished unless the action  is  brought  not  later
    52  than four years after the cause of action accrues.
    53    (e) An act or omission in violation of section three of this act shall
    54  be  deemed  an injury in fact to all residents of, and visitors to, this
    55  state, and any such person shall have standing to bring a  civil  action
    56  pursuant to this section.

        A. 10545                            9

     1    (f)  Notwithstanding any other law, none of the following is a defense
     2  to an action brought under this section:
     3    (1) A defendant's ignorance or mistake of law.
     4    (2)  A defendant's belief that the requirements of this act are uncon-
     5  stitutional or were unconstitutional.
     6    (3) A defendant's reliance on any court decision that has  been  over-
     7  ruled  on  appeal  or by a subsequent court, even if that court decision
     8  had not been overruled  when  the  defendant  engaged  in  conduct  that
     9  violates this act.
    10    (4) A defendant's reliance on any state or federal court decision that
    11  is not binding on the court in which the action has been brought.
    12    (5) Non-mutual issue preclusion or non-mutual claim preclusion.
    13    (6)  Any  claim  that the enforcement of this act or the imposition of
    14  civil liability against the  defendant  will  violate  a  constitutional
    15  right of a third party.
    16    (7)  A  defendant's assertion that this act proscribes conduct that is
    17  separately prohibited by the Penal Law or any other law of  this  state,
    18  or that this act proscribes conduct beyond that which is already prohib-
    19  ited by the Penal Law or any other law of this state.
    20    (8)  Any  claim  that  the  assault  weapon, .50 BMG rifle, or firearm
    21  precursor part at issue was not misused,  or  was  not  intended  to  be
    22  misused, in a criminal or unlawful manner.
    23    (g)  (1)  Both  of the following are affirmative defenses to an action
    24  brought under this section:
    25    (A) A person sued under paragraph  (2)  of  subdivision  (a)  of  this
    26  section  reasonably  believed,  after  conducting  a reasonable investi-
    27  gation, that the person aided or abetted was complying with this act.
    28    (B) A person sued under paragraph  (3)  of  subdivision  (a)  of  this
    29  section  reasonably  believed,  after  conducting  a reasonable investi-
    30  gation, that the person was complying with this act  or  was  aiding  or
    31  abetting another who was complying with this act.
    32    (2)  The  defendant  has  the burden of proving an affirmative defense
    33  under this subdivision by a preponderance of the evidence.
    34    (h) This section shall not be construed to  impose  liability  on  any
    35  speech  or conduct protected by the First Amendment to the United States
    36  Constitution, as made applicable to the states  through  the  Fourteenth
    37  Amendment  to  the  United States Constitution, or by the New York State
    38  Constitution.
    39    (i) Notwithstanding any other law, this state, a state official, or  a
    40  district,  county,  or  city  attorney  shall not intervene in an action
    41  brought under this section.  However, this subdivision does not prohibit
    42  a person described by this subdivision  from  filing  an  amicus  curiae
    43  brief in the action.
    44    (j)  Notwithstanding any other law, a court shall not award attorney's
    45  fees or costs to a defendant in an action brought under this section.
    46    (k) An action pursuant to this section shall not be brought against  a
    47  federal  government,  state,  political subdivision, or an employee of a
    48  federal government, state, or political subdivision on the basis of acts
    49  or omissions in the course of discharge of official duties.
    50    § 7. (a) A defendant against whom an action is brought  under  section
    51  six  of  this  act does not have standing to assert the right of another
    52  individual to keep and bear arms  under  the  Second  Amendment  to  the
    53  United  States Constitution as a defense to liability under that section
    54  unless either of the following is true:
    55    (1) The United States Supreme Court holds  that  the  courts  of  this
    56  state  must  confer standing on that defendant to assert the third-party

        A. 10545                           10

     1  rights of other individuals in  state  court  as  a  matter  of  federal
     2  constitutional law.
     3    (2)  The defendant has standing to assert the rights of other individ-
     4  uals under the tests for third-party standing established by the  United
     5  States Supreme Court.
     6    (b) A defendant in an action brought under section six of this act may
     7  assert an affirmative defense to liability under this section if both of
     8  the following are true:
     9    (1)  The  defendant has standing to assert the third-party right of an
    10  individual to keep and bear arms in accordance with subdivision  (a)  of
    11  this section.
    12    (2)  The defendant demonstrates that the relief sought by the claimant
    13  will violate a third-party's rights under the Second  Amendment  to  the
    14  United  States Constitution right as defined by clearly established case
    15  law of the United States Supreme Court.
    16    (c) Nothing in this section shall in  any  way  limit  or  preclude  a
    17  defendant  from asserting the defendant's personal constitutional rights
    18  as a defense to liability under section six of this  act,  and  a  court
    19  shall  not award relief under section six of this act if the conduct for
    20  which the defendant has been sued was an exercise of a state or  federal
    21  constitutional right that personally belongs to the defendant.
    22    § 8. This act shall not be construed to do any of the following:
    23    (a)  Authorize  the  initiation  of  a  cause of action under this act
    24  against a person purchasing, obtaining, or  attempting  to  purchase  or
    25  obtain  an  assault  weapon,  .50  BMG  rifle,  unserialized firearm, or
    26  firearm precursor part from a person acting in violation of this act.
    27    (b) Wholly or partly repeal, either expressly or by  implication,  any
    28  other  statute  that  regulates  or  prohibits  any  conduct relating to
    29  assault weapons, .50  BMG  rifles,  unserialized  firearms,  or  firearm
    30  precursor parts, including the Penal Law.
    31    (c)  Restrict  a  political subdivision from regulating or prohibiting
    32  conduct relating  to  assault  weapons,  .50  BMG  rifles,  unserialized
    33  firearms,  or  firearm  precursor  parts in a manner that is at least as
    34  stringent as the laws of this state.
    35    § 9. (a) Notwithstanding any other law, a civil action  brought  under
    36  section six of this act shall be brought in any of the following:
    37    (1)  The  county  in  which all or a substantial part of the events or
    38  omissions giving rise to the claim occurred.
    39    (2) The county of residence for any one of the natural person  defend-
    40  ants at the time the cause of action occurred.
    41    (3) The county of the principal office in this state of any one of the
    42  defendants that is not a natural person.
    43    (4)  The  county  of  residence  for the claimant if the claimant is a
    44  natural person residing in this state.
    45    (b) Notwithstanding any other law, if a civil action is brought  under
    46  section  six  of  this act in one of the venues described by subdivision
    47  (a) of this section, the action shall not be transferred to a  different
    48  venue without the written consent of all parties.
    49    §  10.  (a)  Notwithstanding  any  other law, this state has sovereign
    50  immunity, a political subdivision has governmental  immunity,  and  each
    51  officer  and employee of this state or a political subdivision has offi-
    52  cial immunity in any action, claim, or counterclaim or any type of legal
    53  or equitable action that challenges the validity  of  any  provision  or
    54  application of this act, on constitutional grounds or otherwise.

        A. 10545                           11

     1    (b)  A provision of state law shall not be construed to waive or abro-
     2  gate an immunity described by subdivision (a) of this section unless  it
     3  expressly waives immunity under this section.
     4    §  11.  (a)  It is the intent of the Legislature that every provision,
     5  section, subdivision, sentence, clause, phrase, and word  in  this  act,
     6  and  every application of the provisions in this act, are severable from
     7  each other.
     8    (b) If any application of any provision in this  act  to  any  person,
     9  group  of persons, or circumstances is found by a court to be invalid or
    10  unconstitutional, the remaining applications of that  provision  to  all
    11  other  persons  and  circumstances  shall  be  severed  and shall not be
    12  affected.  All constitutionally valid applications of this act shall  be
    13  severed  from any applications that a court finds to be invalid, leaving
    14  the valid applications in force, because it is the Legislature's  intent
    15  and priority that the valid applications be allowed to stand alone. Even
    16  if  a  reviewing court finds a provision of this act to impose an uncon-
    17  stitutional burden in a large or substantial fraction of relevant cases,
    18  the applications that do not present an unconstitutional burden shall be
    19  severed from the remaining applications and shall remain in  force,  and
    20  shall  be treated as if the Legislature had enacted a statute limited to
    21  the persons, group of persons, or circumstances for which the  statute's
    22  application  does  not  present an unconstitutional burden. If any court
    23  declares or finds a provision of  this  act  facially  unconstitutional,
    24  when  discrete  applications of that provision can be enforced against a
    25  person, group of persons, or circumstances without violating the  United
    26  States  Constitution and the New York State Constitution, those applica-
    27  tions shall be severed from all remaining applications of the provision,
    28  and the provision shall be interpreted as if the Legislature had enacted
    29  a provision limited to the persons, group of persons,  or  circumstances
    30  for which the provision's application will not violate the United States
    31  Constitution and the New York State Constitution.
    32    (c)  The  Legislature further declares that it would have enacted this
    33  act, and each provision, section, subdivision, sentence, clause, phrase,
    34  and word, and all constitutional applications of this act,  irrespective
    35  of  the fact that any provision, section, subdivision, sentence, clause,
    36  phrase, or word, or application of this act, were to be declared  uncon-
    37  stitutional or to represent an unconstitutional burden.
    38    (d) If any provision of this act is found by any court to be unconsti-
    39  tutionally  vague,  then  the applications of that provision that do not
    40  present constitutional vagueness problems shall be severed and remain in
    41  force.
    42    (e) A court shall not decline to enforce the severability requirements
    43  of this section on the ground that severance would rewrite  the  statute
    44  or  involve the court in legislative or lawmaking activity. A court that
    45  declines to enforce or enjoins a state official from enforcing a  statu-
    46  tory  provision  of  this act does not rewrite a statute, as the statute
    47  continues to contain the same words as before the court's decision. Each
    48  of the following is true about a judicial injunction or  declaration  of
    49  unconstitutionality of a provision of this act:
    50    (1)  It is nothing more than an edict prohibiting enforcement that may
    51  subsequently be vacated by a later court if that court has  a  different
    52  understanding  of the requirements of the New York State Constitution or
    53  the United States Constitution.
    54    (2) It is not a formal amendment of the language in a statute.

        A. 10545                           12

     1    (3) It no more rewrites a statute than a decision by the executive not
     2  to enforce a duly-enacted statute  in  a  limited  and  defined  set  of
     3  circumstances.
     4    §  12. This act shall become inoperative upon invalidation of Subchap-
     5  ter H (commencing with Section 171.201) of  Chapter  171  of  the  Texas
     6  Health and Safety Code in its entirety by a final decision of the United
     7  States  Supreme Court or Texas Supreme Court, and is repealed on January
     8  1 of the following year.
     9    § 13. The civil practice law and rules is  amended  by  adding  a  new
    10  section 1503 to read as follows:
    11    §  1503.  Firearm restriction challenge liability. (a) Notwithstanding
    12  any other law, any person, including an entity, attorney, or  law  firm,
    13  who  seeks  declaratory  or  injunctive  relief to prevent this state, a
    14  political subdivision, a governmental entity or public official in  this
    15  state,  or a person in this state from enforcing any statute, ordinance,
    16  rule, regulation, or any other type of law that regulates  or  restricts
    17  firearms, in any state or federal court, or that represents any litigant
    18  seeking  that  relief  in  any  state  or  federal court, is jointly and
    19  severally liable to pay the attorney's fees and costs of the  prevailing
    20  party.
    21    (b)  For  purposes of this section, a party is considered a prevailing
    22  party if a state or federal court does either of the following:
    23    (1) dismisses any claim or cause of action brought by the party  seek-
    24  ing the declaratory or injunctive relief described by subdivision (a) of
    25  this section, regardless of the reason for the dismissal; or
    26    (2)  enters  judgment  in  the  party's favor on any claim or cause of
    27  action.
    28    (c) Regardless of whether a prevailing party sought to recover  attor-
    29  ney's  fees  or costs in the underlying action, a prevailing party under
    30  this section may bring a civil action to  recover  attorney's  fees  and
    31  costs against a person, including an entity, attorney, or law firm, that
    32  sought  declaratory or injunctive relief described by subdivision (a) of
    33  this section not later than the third anniversary of the date on  which,
    34  as applicable:
    35    (1)  the  dismissal  or  judgment described by subdivision (b) of this
    36  section becomes final upon the conclusion of appellate review; or
    37    (2) the time for seeking appellate review expires.
    38    (d) None of the following are a defense to  an  action  brought  under
    39  subdivision (c) of this section:
    40    (1)  a  prevailing party under this section failed to seek recovery of
    41  attorney's fees or costs in the underlying action;
    42    (2) the court in  the  underlying  action  declined  to  recognize  or
    43  enforce the requirements of this section; and/or
    44    (3) the court in the underlying action held that any provision of this
    45  section  is  invalid,  unconstitutional,  or  preempted  by federal law,
    46  notwithstanding the doctrines of issue or claim preclusion.
    47    (e) Any person, including an entity, attorney, or law firm, who  seeks
    48  declaratory or injunctive relief as described in subdivision (a) of this
    49  section,  shall  not  be deemed a prevailing party under this section or
    50  any other provision of this chapter.
    51    § 14. (a) A statute that regulates or prohibits firearms shall not  be
    52  construed  to  repeal  any  other  statute  that  regulates or prohibits
    53  firearms, either wholly or  partly,  unless  the  later-enacted  statute
    54  explicitly states that it is repealing the other statute.
    55    (b)  A statute shall not be construed to restrict a political subdivi-
    56  sion from regulating or prohibiting firearms in  a  manner  that  is  at

        A. 10545                           13

     1  least as stringent as the laws of this state, unless the statute explic-
     2  itly  states  that political subdivisions are prohibited from regulating
     3  or prohibiting firearms in the manner described by the statute.
     4    (c) Every statute that regulates or prohibits firearms is severable in
     5  each  of its applications to every person and circumstance. If any stat-
     6  ute that regulates or prohibits firearms is found by  any  court  to  be
     7  unconstitutional,  either  on  its face or as applied, then all applica-
     8  tions of that statute that do not violate the United States Constitution
     9  and New York State Constitution shall be severed  from  the  unconstitu-
    10  tional  applications  and  shall remain enforceable, notwithstanding any
    11  other law, and  the  statute  shall  be  interpreted  as  if  containing
    12  language  limiting  the  statute's  application to the persons, group of
    13  persons, or circumstances for which the statute's application  will  not
    14  violate the United States Constitution and New York State Constitution.
    15    § 15. This act shall take effect immediately.