Vote Smart's Synopsis:

Vote to pass a bill that increases potential liability for gun manufacturers if the firearm was harmfully misused.

Highlights:

• Defines "gun industry member" as a person, firm, corporation, company, partnership, society, joint stock company or any other entity or association engaged in the sale, manufacturing, distribution, importing or marketing of firearms, ammunition, ammunition magazines, and firearms accessories (Sec. 2-4).

• Alleges the illegal use of firearms not only constitutes a public nuisance as declared in article 400 of the penal law, but that the effects of such nuisance contribute to the public health crisis of gun violence in this state as declared by the legislature in the 2021-2022 legislative session (Sec. 1).

• Classifies "reasonable controls and procedures" as  policies that include, but are not limited to (Sec. 898-a-2):

• Instituting screening, security, inventory and other business practices to prevent thefts of qualified products as well as sales of qualified products to straw purchasers, traffickers, persons prohibited from possessing firearms under state or federal law, or persons at risk of injuring themselves or others; and

• Preventing deceptive acts and practices and false advertising and otherwise ensuring compliance with all provisions of this law.

• Prohibits a gun industry member from recklessly maintaining or contributing to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product (Sec. 898-b-1).

• Requires all gun industry members who, either directly or indirectly, manufacture, market, import or offer for sale any qualified product in New York state to create and utilize reasonable controls and procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state (Sec. 898-b-2).

• Requires the attorney general, in the name of the people of the state of New York, or the town attorney, city corporation counsel, or other lawfully designated enforcement officer of a municipality or local government, on behalf of the locality, may bring an action in a court of competent jurisdiction to enjoin and restrain such violations and to obtain restitution and damages (Sec. 898-d).

• Specifies any person, firm, corporation or association that has been damaged as a result of a gun industry member's acts or omissions in violation of this article to be entitled to bring an action for recovery of damages or to enforce this article (Sec. 898-e).

Full Bill Text