STATE OF NEW YORK
________________________________________________________________________
1764
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. 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 amended by chapter 429 of the laws of 2024, 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; (b)
10 preventing deceptive acts and practices and false advertising and other-
11 wise ensuring compliance with all provisions of article twenty-two-A of
12 this chapter; [and] (c) taking reasonable steps to prevent the installa-
13 tion and use of a pistol converter, as defined in section 265.00 of the
14 penal law, on qualified products; and (d) preventing the marketing of
15 firearms and firearm related products to individuals under the age of
16 eighteen.
17 7. "Firearm accessory" shall mean an attachment or device designed or
18 adapted to be inserted into, affixed onto, or used in conjunction with a
19 firearm that is designed, intended, or functions to alter or enhance the
20 firing capabilities of a firearm, the lethality of the firearm, or a
21 shooter's ability to hold and use a firearm, regardless of whether such
22 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.
LBD04697-01-5
A. 1764 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.