STATE OF NEW YORK
________________________________________________________________________
5834
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Economic Development
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. Subdivision 2 of section 898-a of the general business law,
2 as added by chapter 237 of the laws of 2021, is amended and four new
3 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 7. "Firearm accessory" shall mean an attachment or device designed or
16 adapted to be inserted into, affixed onto, or used in conjunction with a
17 firearm that is designed, intended, or functions to alter or enhance the
18 firing capabilities of a firearm, the lethality of the firearm, or a
19 shooter's ability to hold and use a firearm, regardless of whether such
20 accessory has been shipped or transported in interstate commerce.
21 8. "Firearm precursor part" shall mean a component of a firearm that
22 is necessary to build or assemble a firearm and is described in any of
23 the following categories:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02755-02-3
A. 5834 2
1 (a) An unfinished receiver, including both a single part receiver and
2 a multiple part receiver, such as a receiver in an AR-10- or AR-15-style
3 firearm. An unfinished receiver includes a receiver tube, a molded or
4 shaped polymer frame or receiver, a metallic casting, a metallic forg-
5 ing, and a receiver flat, such as a Kalashnikov-style weapons system,
6 Kalashnikov-style receiver channel, or a Browning-style receiver side
7 plate.
8 (b) An unfinished handgun frame.
9 (c) A "major component of a firearm, rifle or shotgun" as defined in
10 subdivision three-a of section 265.00 of the penal law.
11 9. "Firearm related product" means a firearm, ammunition, a firearm
12 precursor part, a firearm component, and a firearm accessory that meets
13 any of the following conditions:
14 (a) The item is sold, manufactured, or distributed in New York state.
15 (b) The item is intended to be sold or distributed in New York state.
16 (c) The item is or was possessed in New York state and it was reason-
17 ably foreseeable that such item would be possessed in New York state.
18 10. "Firearm" shall have the same meaning as that term is defined in
19 subdivision three of section 265.00 of the penal law, and for the
20 purposes of this article, shall include a "rifle" as defined in subdivi-
21 sion eleven and a "shotgun" as defined in subdivision twelve of such
22 section of the penal law.
23 § 2. Section 898-b of the general business law is amended by adding a
24 new subdivision 3 to read as follows:
25 3. It shall be unlawful for any gun industry member to design or
26 market any firearm or firearm related product as defined in section
27 eight hundred ninety-eight-a of this article to any individual under the
28 age of eighteen.
29 § 3. Severability. If any clause, sentence, paragraph, section or part
30 of this act shall be adjudged by any court of competent jurisdiction to
31 be invalid, such judgment shall not affect, impair or invalidate the
32 remainder thereof, but shall be confined in its operation to the clause,
33 sentence, paragraph, section or part thereof directly involved in the
34 controversy in which such judgment shall have been rendered.
35 § 4. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law. Effective immediately, the addition, amend-
37 ment and/or repeal of any rule or regulation necessary for the implemen-
38 tation of this act on its effective date are authorized to be made and
39 completed on or before such effective date.