Bill Text: NY A05884 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a private cause of action for certain violations regarding machine-guns, assault weapons, disguised guns, ghost guns, and unfinished frames or receivers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to economic development [A05884 Detail]
Download: New_York-2023-A05884-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5884 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. WALKER -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law and the civil practice law and rules, in relation to establishing a private cause of action for certain violations regarding machine-guns, assault weapons, disguised guns, ghost guns, and unfinished frames or receivers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 39-DDDDD to read as follows: 3 ARTICLE 39-DDDDD 4 MACHINE-GUNS, ASSAULT WEAPONS, DISGUISED GUNS, GHOST GUNS AND UNFINISHED 5 FRAMES OR RECEIVERS 6 Section 898-j. Definitions. 7 898-k. Prohibitions. 8 898-l. Exceptions. 9 898-m. Enforcement. 10 898-n. Private cause of action. 11 898-o. Defenses. 12 898-p. Construction. 13 898-q. Venue. 14 898-r. Sovereign immunity. 15 898-s. Severability. 16 § 898-j. Definitions. As used in this article, the following terms 17 shall have the following meanings: 18 1. "Assault weapon" shall have the same meaning as defined in section 19 265.00 of the penal law. 20 2. "Disguised gun" shall have the same meaning as defined in section 21 265.00 of the penal law. 22 3. "Ghost gun" shall have the same meaning as defined in section 23 265.00 of the penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09488-01-3A. 5884 2 1 4. "Machine-gun" shall have the same meaning as defined in section 2 265.00 of the penal law. 3 5. "Unfinished frame or receiver" shall have the same meaning as 4 defined in section 265.00 of the penal law. 5 § 898-k. Prohibitions. 1. Notwithstanding any provision of law to the 6 contrary, no person within the state shall manufacture or cause to be 7 manufactured, distribute, transport, or import into the state, or cause 8 to be distributed, transported, or imported into the state, keep for 9 sale, offer or expose for sale, or give or lend, any machine-gun, 10 assault weapon, disguised gun or ghost gun, except as provided in subdi- 11 visions four and five of this section and in section eight hundred nine- 12 ty-eight-l of this article. 13 2. No person within the state may manufacture or cause to be manufac- 14 tured, distribute, transport, or import into the state, or cause to be 15 distributed or transported or imported into the state, keep for sale, 16 offer or expose for sale, or give or lend, any unfinished frame or 17 receiver. This subdivision shall not apply to a manufacturer or importer 18 of firearms licensed pursuant to Chapter 44 (commencing with Section 19 921) of Part I of Title 18 of the United States Code, and the regu- 20 lations issued pursuant thereto, except that the manufacturer or import- 21 er shall not perform any of the acts prohibited by this subdivision with 22 respect to a kit of firearm precursor parts containing all parts neces- 23 sary to construct a functioning firearm. 24 3. The prohibitions described in subdivisions one and two of this 25 section apply whether or not the machine-gun, assault weapon, disguised 26 gun, ghost gun or unfinished frame or receiver is misused or is intended 27 to be misused in a criminal or unlawful manner. 28 4. Subdivisions one and two of this section do not apply to the sale 29 of a machine-gun, assault weapon, disguised gun, ghost gun or unfinished 30 frame or receiver to, or the purchase, transport, importation, sale or 31 other transfer, or manufacture of, a machine-gun, assault weapon, 32 disguised gun, ghost gun or unfinished frame or receiver by, any law 33 enforcement agency, public entity that employs peace officers, or any 34 authorized law enforcement representative thereof, if that person or 35 entity is not prohibited by law from possessing a machine-gun, assault 36 weapon, disguised gun, ghost gun or unfinished frame or receiver, 37 including, without limitation, any state or local law enforcement agen- 38 cy, the department of corrections and community supervision, the depart- 39 ment of corrections of any municipality, the military or naval forces of 40 this state or of the United States, a law enforcement or military agency 41 of another state, any federal law enforcement agency, or any foreign 42 government or agency approved by the United States Department of State, 43 for use in the discharge of the official duties of such entities. 44 5. Subdivisions one and two of this section do not apply to a person 45 who is the executor or administrator of an estate that includes a 46 machine-gun, assault weapon, disguised gun, ghost gun or unfinished 47 frame or receiver, that is disposed of as authorized by the probate 48 court, if the disposition is otherwise permitted pursuant to the 49 provisions of section 265.20 of the penal law. 50 § 898-l. Exceptions. 1. Notwithstanding section eight hundred ninety- 51 eight-k of this article, any gunsmith or dealer in firearms licensed 52 pursuant to section 400.00 of the penal law may take possession of any 53 machine-gun or assault weapon from any person to whom it is legally 54 registered or who has been issued a permit to possess it pursuant to 55 article four hundred of the penal law, or of any unfinished frame or 56 receiver, for the purposes of servicing or repair.A. 5884 3 1 2. Notwithstanding section eight hundred ninety-eight-k of this arti- 2 cle, any gunsmith or dealer in firearms licensed pursuant to section 3 400.00 of the penal law may transfer possession of any machine-gun, 4 assault weapon, or unfinished frame or receiver received pursuant to 5 subdivision one of this section, to a gunsmith licensed pursuant to 6 section 400.00 of the penal law for purposes of repairing or servicing 7 such machine-gun, assault weapon, or unfinished frame or receiver. A 8 transfer is permissible only to the following persons: 9 (a) A gunsmith employed by the dealer. 10 (b) A gunsmith with whom the dealer has contracted for gunsmithing 11 services. 12 3. Paragraph (b) of subdivision two of this section applies only if 13 the gunsmith receiving the machine-gun, assault weapon, or unfinished 14 frame or receiver part meets both of the following qualifications: 15 (a) The gunsmith holds a dealer license issued pursuant to Chapter 44 16 (commencing with Section 921) of Title 18 of the United States Code 17 and the regulations issued pursuant thereto. 18 (b) The gunsmith holds any business license required by a state or 19 local governmental entity. 20 4. In addition to the uses permitted in section 265.20 or article four 21 hundred of the penal law, any gunsmith or dealer in firearms licensed 22 pursuant to section 400.00 of the penal law who lawfully possesses a 23 machine-gun, assault weapon, or unfinished frame or receiver part pursu- 24 ant to those provisions may do either of the following: 25 (a) Transport the machine-gun, assault weapon, or unfinished frame or 26 receiver between dealers or out of the state if that person is permitted 27 pursuant to the National Firearms Act. Any transporting allowed by this 28 section or section eight hundred ninety-eight-k of this article shall be 29 in compliance with articles two hundred sixty-five and four hundred of 30 the penal law. 31 (b) Sell the machine-gun, assault weapon, or unfinished frame or 32 receiver to a resident outside the state. 33 5. Notwithstanding section eight hundred ninety-eight-k of this arti- 34 cle, any individual may, provided that the machine-gun, assault weapon, 35 disguised gun, ghost gun or unfinished frame or receiver is transported 36 in compliance with articles two hundred sixty-five and four hundred of 37 the penal law, do any of the following: 38 (a) Arrange in advance to relinquish a machine-gun, assault weapon, 39 disguised gun, ghost gun or unfinished frame or receiver to a police or 40 sheriff's department. 41 (b) Sell, deliver, or transfer a machine-gun, assault weapon, 42 disguised gun, ghost gun or unfinished frame or receiver to an author- 43 ized representative of a city, city and county, county, or state govern- 44 ment, or of the federal government, provided that the entity is acquir- 45 ing the weapon as part of an authorized, voluntary program in which the 46 entity is buying or receiving weapons from private individuals. 47 (c) Transfer, relinquish, or dispose of a machine-gun, assault weapon, 48 disguised gun, ghost gun or unfinished frame or receiver in compliance 49 with the requirements of section 370.25 of the criminal procedure law. 50 § 898-m. Enforcement. 1. Notwithstanding any provision of law to the 51 contrary, the requirements of this article shall be enforced exclusively 52 through the private civil actions described in section eight hundred 53 ninety-eight-n of this article. No enforcement of this article may be 54 taken or threatened by the state, a political subdivision, a district, 55 county or city attorney, or an executive or administrative officer or 56 employee of the state or a political subdivision against any person,A. 5884 4 1 except as provided in section eight hundred ninety-eight-n of this arti- 2 cle. 3 2. The fact that conduct violates this article shall not be an inde- 4 pendent basis for enforcement of any other law of this state, or the 5 denial, revocation, suspension, or withholding of any right or privilege 6 conferred by the law of this state or a political subdivision, or a 7 threat to do the same, by the state, a political subdivision, a district 8 or county or city attorney, or an executive or administrative officer or 9 employee of the state or a political subdivision, or a board, commis- 10 sion, or similar body assigned authority to do so under law, against any 11 person, except as provided in section eight hundred ninety-eight-n of 12 this article. Nor shall any civil action predicated upon a violation of 13 this article be brought by the state, a political subdivision, a 14 district, county or city attorney, or an executive or administrative 15 officer or employee of the state or a political subdivision. For avoid- 16 ance of doubt, the rights and privileges described by this subdivision 17 include, but are not limited to, any business licenses and permits 18 issued pursuant to this chapter or any licenses issued pursuant to arti- 19 cle four hundred of the penal law. This subdivision shall not be 20 construed to prevent or limit enforcement of any other law regulating 21 conduct that also violates this article, including, but not limited to, 22 articles two hundred sixty-five and four hundred of the penal law. 23 3. Subdivisions one and two of this section shall not be construed to 24 do any of the following: 25 (a) Legalize the conduct prohibited by this chapter or by the penal 26 law. 27 (b) Waive any requirements prescribed in article four hundred of the 28 penal law. 29 (c) Limit or affect the availability of a remedy established by 30 section eight hundred ninety-eight-n of this article. 31 (d) Limit the enforceability of any other laws that regulate or 32 prohibit any conduct relating to machine-guns, assault weapons, 33 disguised guns, ghost guns, or unfinished frames or receivers. 34 § 898-n. Private cause of action. 1. Any person, other than an officer 35 or employee of a state or local governmental entity in the state, shall 36 have a private cause of action against any person who does any of the 37 following: 38 (a) Knowingly violates section eight hundred ninety-eight-k of this 39 article. 40 (b) Knowingly engages in conduct that aids or abets a violation of 41 section eight hundred ninety-eight-k of this article, regardless of 42 whether the person knew or should have known that the person aided or 43 abetted would be violating such section. 44 (c) Knowingly commits an act with the intent to engage in the conduct 45 described by paragraph (a) or (b) of this subdivision. 46 2. If a claimant prevails in an action brought under this section, the 47 court shall award all of the following: 48 (a) Injunctive relief sufficient to prevent the defendant from violat- 49 ing this article or engaging in acts that aid or abet violations of this 50 article. 51 (b) Statutory damages in an amount of not less than ten thousand 52 dollars for each machine-gun, assault weapon, disguised gun, ghost gun, 53 or unfinished frame or receiver as to which the defendant violated 54 section eight hundred ninety-eight-k of this article, and for each 55 machine-gun, assault weapon, disguised gun, ghost gun, or unfinishedA. 5884 5 1 frame or receiver as to which the defendant aided or abetted a violation 2 of section eight hundred ninety-eight-k of this article. 3 (c) Attorney's fees and costs. 4 3. Notwithstanding subdivision two of this section, a court shall not 5 award relief under this section in response to a violation of this arti- 6 cle if the defendant demonstrates that such defendant previously paid 7 the full amount of any monetary award under subdivision two of this 8 section in a previous action for each machine-gun, assault weapon, 9 disguised gun, ghost gun, or unfinished frame or receiver as to which 10 the defendant violated, or aided or abetted a violation of, section 11 eight hundred ninety-eight-k of this article. 12 4. Notwithstanding any other provision of law to the contrary, a cause 13 of action under this section shall be extinguished unless the action is 14 brought not later than four years after such cause of action accrues. 15 5. An act or omission in violation of section eight hundred ninety- 16 eight-k of this article shall be deemed an injury in fact to all resi- 17 dents of, and visitors to, this state, and any such person shall have 18 standing to bring a civil action pursuant to this section. 19 6. Notwithstanding any other provision of law to the contrary, none of 20 the following is a defense to an action brought under this section: 21 (a) A defendant's ignorance or mistake of law. 22 (b) A defendant's belief that the requirements of this article are 23 unconstitutional or were unconstitutional. 24 (c) A defendant's reliance on any court decision that has been over- 25 ruled on appeal or by a subsequent court, even if that court decision 26 had not been overruled when the defendant engaged in conduct that 27 violates this article. 28 (d) A defendant's reliance on any state or federal court decision that 29 is not binding on the court in which the action has been brought. 30 (e) Nonmutual issue preclusion or nonmutual claim preclusion. 31 (f) Any claim that the enforcement of this article or the imposition 32 of civil liability against the defendant will violate a constitutional 33 right of a third party. 34 (g) A defendant's assertion that this article proscribes conduct that 35 is separately prohibited by the penal law or any other law of this 36 state, or that this article proscribes conduct beyond that which is 37 already prohibited by the penal law or any other law of this state. 38 (h) Any claim that the machine-gun, assault weapon, disguised gun, 39 ghost gun, or unfinished frame or receiver at issue was not misused, or 40 was not intended to be misused, in a criminal or unlawful manner. 41 7. (a) Both of the following are affirmative defenses to an action 42 brought under this section: 43 (i) A person sued under paragraph (b) of subdivision one of this 44 section reasonably believed, after conducting a reasonable investi- 45 gation, that the person aided or abetted was complying with this arti- 46 cle. 47 (ii) A person sued under paragraph (c) of subdivision one of this 48 section reasonably believed, after conducting a reasonable investi- 49 gation, that the person was complying with this article or was aiding or 50 abetting another who was complying with this article. 51 (b) The defendant has the burden of proving an affirmative defense 52 under this subdivision by a preponderance of the evidence. 53 8. This section shall not be construed to impose liability on any 54 speech or conduct protected by the First Amendment to the United States 55 Constitution, as made applicable to the states through the FourteenthA. 5884 6 1 Amendment to the United States Constitution, or by Section 8 of Article 2 I of the New York Constitution. 3 9. Notwithstanding any other provision of law to the contrary, the 4 state, a state official, or a district, county, or city attorney shall 5 not intervene in an action brought under this section. However, this 6 subdivision does not prohibit a person described by this subdivision 7 from filing an amicus curiae brief in the action. 8 10. Notwithstanding any other provision of law to the contrary, a 9 court shall not award attorney's fees or costs to a defendant in an 10 action brought under this section. 11 11. An action pursuant to this section shall not be brought against a 12 federal government, state, political subdivision, or an employee of a 13 federal government, state, or political subdivision on the basis of acts 14 or omissions in the course of discharge of official duties. 15 § 898-o. Defenses. 1. A defendant against whom an action is brought 16 under section eight hundred ninety-eight-n of this article does not have 17 standing to assert the right of another individual to keep and bear arms 18 under the Second Amendment to the United States Constitution as a 19 defense to liability under such section unless either of the following 20 is true: 21 (a) The United States supreme court holds that the courts of this 22 state must confer standing on that defendant to assert the third-party 23 rights of other individuals in state court as a matter of federal 24 constitutional law; or 25 (b) The defendant has standing to assert the rights of other individ- 26 uals under the tests for third-party standing established by the United 27 States supreme court. 28 2. A defendant in an action brought under section eight hundred nine- 29 ty-eight-n of this article may assert an affirmative defense to liabil- 30 ity under this section if both of the following are true: 31 (a) The defendant has standing to assert the third-party right of an 32 individual to keep and bear arms in accordance with subdivision one of 33 this section; and 34 (b) The defendant demonstrates that the relief sought by the claimant 35 will violate a third-party's rights under the Second Amendment to the 36 United States Constitution right as defined by clearly established case 37 law of the United States supreme court. 38 3. Nothing in this section shall in any way limit or preclude a 39 defendant from asserting the defendant's personal constitutional rights 40 as a defense to liability under section eight hundred ninety-eight-n of 41 this article, and a court shall not award relief under such section if 42 the conduct for which the defendant has been sued was an exercise of a 43 state or federal constitutional right that personally belongs to the 44 defendant. 45 § 898-p. Construction. This article shall not be construed to do any 46 of the following: 47 1. Authorize the initiation of a cause of action under this article 48 against a person purchasing, obtaining, or attempting to purchase or 49 obtain a machine-gun, assault weapon, disguised gun, ghost gun, or 50 unfinished frame or receiver from a person acting in violation of this 51 article. 52 2. Wholly or partly repeal, either expressly or by implication, any 53 other statute that regulates or prohibits any conduct relating to 54 machine-guns, assault weapons, disguised guns, ghost guns, or unfinished 55 frames or receivers.A. 5884 7 1 3. Restrict a political subdivision from regulating or prohibiting 2 conduct relating to machine-guns, assault weapons, disguised guns, ghost 3 guns, or unfinished frames or receivers in a manner that is at least as 4 stringent as the laws of this state. 5 § 898-q. Venue. 1. Notwithstanding any other provision of law to the 6 contrary, a civil action brought under section eight hundred ninety- 7 eight-n of this article shall be brought in any of the following: 8 (a) The county in which all or a substantial part of the events or 9 omissions giving rise to the claim occurred; 10 (b) The county of residence for any one of the natural person defend- 11 ants at the time the cause of action accrued; 12 (c) The county of the principal office in this state of any one of the 13 defendants that is not a natural person; or 14 (d) The county of residence for the claimant if the claimant is a 15 natural person residing in the state. 16 2. Notwithstanding any other provision of law to the contrary, if a 17 civil action is brought under section eight hundred ninety-eight-n of 18 this article in one of the venues described by subdivision one of this 19 section, such action shall not be transferred to a different venue with- 20 out the written consent of all parties. 21 § 898-r. Sovereign immunity. 1. Notwithstanding any other provision of 22 law to the contrary, the state has sovereign immunity, a political 23 subdivision has governmental immunity, and each officer and employee of 24 the state or a political subdivision has official immunity in any 25 action, claim, or counterclaim or any type of legal or equitable action 26 that challenges the validity of any provision or application of this 27 article, on constitutional grounds or otherwise. 28 2. A provision of state law shall not be construed to waive or abro- 29 gate an immunity described by subdivision one of this section unless it 30 expressly waives immunity under this section. 31 § 898-s. Severability. 1. It is the intent of the legislature that 32 every provision, section, subdivision, sentence, clause, phrase, and 33 word in this chapter, and every application of the provisions in this 34 article, are severable from each other. 35 2. If any application of any provision in this article to any person, 36 group of persons, or circumstances is found by a court to be invalid or 37 unconstitutional, the remaining applications of that provision to all 38 other persons and circumstances shall be severed and shall not be 39 affected. All constitutionally valid applications of this article shall 40 be severed from any applications that a court finds to be invalid, leav- 41 ing the valid applications in force, because it is the legislature's 42 intent and priority that the valid applications be allowed to stand 43 alone. Even if a reviewing court finds a provision of this article to 44 impose an unconstitutional burden in a large or substantial fraction of 45 relevant cases, the applications that do not present an unconstitutional 46 burden shall be severed from the remaining applications and shall remain 47 in force, and shall be treated as if the legislature had enacted a stat- 48 ute limited to the persons, group of persons, or circumstances for which 49 the statute's application does not present an unconstitutional burden. 50 If any court declares or finds a provision of this article facially 51 unconstitutional, when discrete applications of that provision can be 52 enforced against a person, group of persons, or circumstances without 53 violating the United States Constitution and the state constitution, 54 such applications shall be severed from all remaining applications of 55 the provision, and the provision shall be interpreted as if the legisla- 56 ture had enacted a provision limited to the persons, group of persons,A. 5884 8 1 or circumstances for which the provision's application will not violate 2 the United States Constitution and the state constitution. 3 3. The legislature further declares that it would have enacted this 4 article, and each provision, section, subdivision, sentence, clause, 5 phrase, and word, and all constitutional applications of this article, 6 irrespective of the fact that any provision, section, subdivision, 7 sentence, clause, phrase, or word, or application of this article, were 8 to be declared unconstitutional or to represent an unconstitutional 9 burden. 10 4. If any provision of this article is found by any court to be uncon- 11 stitutionally vague, then the applications of that provision that do not 12 present constitutional vagueness problems shall be severed and remain in 13 force. 14 5. A court shall not decline to enforce the severability requirements 15 of this section on the ground that severance would rewrite the statute 16 or involve the court in legislative or lawmaking activity. A court that 17 declines to enforce or enjoins a state official from enforcing a statu- 18 tory provision of this article does not rewrite a statute, as the stat- 19 ute continues to contain the same words as before the court's decision. 20 Each of the following is true about a judicial injunction or declaration 21 of unconstitutionality of a provision of this article: 22 (a) It is nothing more than an edict prohibiting enforcement that may 23 subsequently be vacated by a later court if that court has a different 24 understanding of the requirements of the state constitution or the 25 United States Constitution. 26 (b) It is not a formal amendment of the language in a statute. 27 (c) It no more rewrites a statute than a decision by the executive not 28 to enforce a duly-enacted statute in a limited and defined set of 29 circumstances. 30 § 2. Paragraph (b) of subdivision 2 of section 898-n of the general 31 business law, as added by section one of this act, is amended to read as 32 follows: 33 (b) Statutory damages in an appropriate amount [of not less than ten34thousand dollars for each machine-gun, assault weapon, disguised gun,35ghost gun, or unfinished frame or receiver as to which the defendant36violated section eight hundred ninety-eight-k of this article, and for37each machine-gun, assault weapon, disguised gun, ghost gun, or unfin-38ished frame or receiver as to which the defendant aided or abetted a39violation of section eight hundred ninety-eight-k of this article] to be 40 determined by the court for each violation of this article. In making 41 that determination, the court shall consider factors that include, but 42 are not limited to, the number of machine-guns, assault weapons, 43 disguised guns, ghost guns, or unfinished frames or receivers involved 44 in the defendant's violation of this article, the duration of the 45 prohibited conduct, whether the defendant has previously violated this 46 article or any other federal, state, or local law concerning the regu- 47 lation of firearms, and any other factors tending to increase the risk 48 to the public, such as proximity of the violations to sensitive places. 49 § 3. The civil practice law and rules is amended by adding a new 50 section 8111 to read as follows: 51 § 8111. Costs in certain actions related to firearms. (a) Notwith- 52 standing any other provision of law to the contrary, any person, includ- 53 ing an entity, attorney, or law firm, who seeks declaratory or injunc- 54 tive relief to prevent the state, a political subdivision, a 55 governmental entity or public official in the state, or a person in the 56 state from enforcing any statute, ordinance, rule, regulation, or anyA. 5884 9 1 other type of law that regulates or restricts firearms as defined in 2 section 265.00 of the penal law, in any state or federal court, or that 3 represents any litigant seeking that relief in any state or federal 4 court, is jointly and severally liable to pay the attorney's fees and 5 costs of the prevailing party. 6 (b) For purposes of this section, a party is considered a prevailing 7 party if a state or federal court does either of the following: 8 (1) Dismisses any claim or cause of action brought by the party seek- 9 ing the declaratory or injunctive relief described by subdivision (a) of 10 this section, regardless of the reason for the dismissal. 11 (2) Enters judgment in the party's favor on any claim or cause of 12 action. 13 (c) Regardless of whether a prevailing party sought to recover attor- 14 ney's fees or costs in the underlying action, a prevailing party under 15 this section may bring a civil action to recover attorney's fees and 16 costs against a person, including an entity, attorney, or law firm, that 17 sought declaratory or injunctive relief described by subdivision (a) of 18 this section not later than the third anniversary of the date on which, 19 as applicable: 20 (1) The dismissal or judgment described by subdivision (b) of this 21 section becomes final upon the conclusion of appellate review; or 22 (2) The time for seeking appellate review expires. 23 (d) None of the following are a defense to an action brought under 24 subdivision (c) of this section: 25 (1) A prevailing party under this section failed to seek recovery of 26 attorney's fees or costs in the underlying action. 27 (2) The court in the underlying action declined to recognize or 28 enforce the requirements of this section. 29 (3) The court in the underlying action held that any provision of this 30 section is invalid, unconstitutional, or preempted by federal law, 31 notwithstanding the doctrines of issue or claim preclusion. 32 (e) Any person, including an entity, attorney, or law firm, who seeks 33 declaratory or injunctive relief as described in subdivision (a) of this 34 section, shall not be deemed a prevailing party under this section or 35 any other provision of this chapter. 36 (f) As used in this section the term "firearm" shall mean a device, 37 designed to be used as a weapon, from which is expelled through a 38 barrel, a projectile by the force of an explosion or other form of 39 combustion. 40 § 4. 1. A statute that regulates or prohibits firearms shall not be 41 construed to repeal any other statute that regulates or prohibits 42 firearms, either wholly or partly, unless the later-enacted statute 43 explicitly states that it is repealing the other statute. 44 2. A statute shall not be construed to restrict a political subdivi- 45 sion from regulating or prohibiting firearms in a manner that is at 46 least as stringent as the laws of this state, unless the statute explic- 47 itly states that political subdivisions are prohibited from regulating 48 or prohibiting firearms in the manner described by the statute. 49 3. Every statute that regulates or prohibits firearms is severable in 50 each of its applications to every person and circumstance. If any stat- 51 ute that regulates or prohibits firearms is found by any court to be 52 unconstitutional, either on its face or as applied, then all applica- 53 tions of that statute that do not violate the United States Constitution 54 and the state constitution shall be severed from the unconstitutional 55 applications and shall remain enforceable, notwithstanding any other 56 law, and the statute shall be interpreted as if containing languageA. 5884 10 1 limiting the statute's application to the persons, group of persons, or 2 circumstances for which the statute's application will not violate the 3 United States Constitution and the state constitution. 4 4. As used in this section the term "firearm" shall mean a device, 5 designed to be used as a weapon, from which is expelled through a 6 barrel, a projectile by the force of an explosion or other form of 7 combustion. 8 § 5. This act shall take effect on the thirtieth day after it shall 9 have become a law; provided, however, that section two of this act shall 10 take effect upon the final determination of a court of competent juris- 11 diction that the provisions of paragraph (b) of subdivision 2 of section 12 eight hundred ninety-eight-n of the general business law as added by 13 section one of this act are invalid or unconstitutional; provided that 14 the attorney general shall notify the legislative bill drafting commis- 15 sion upon the occurrence of such a final determination by a court in 16 order that the commission may maintain an accurate and timely effective 17 data base of the official text of the laws of the state of New York in 18 furtherance of effectuating the provisions of section 44 of the legisla- 19 tive law and section 70-b of the public officers law.
