Bill Text: NY A10561 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state; aiding and abetting such manufacture, sale or distribution; or intending to aid and abet in such manufacture, sale or distribution; provides for a civil remedy of ten thousand dollars per violation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to codes [A10561 Detail]

Download: New_York-2021-A10561-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10561

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

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

        AN ACT to amend the civil practice law and rules, in relation to  creat-
          ing a civil cause of action for the manufacture, sale, or distribution
          of assault weapons or ghost guns within the state

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

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  article 13-C to read as follows:
     3                                ARTICLE 13-C
     4                       CIVIL REMEDIES; GUN SAFETY LAWS
     5  Section 1360. Definition.
     6          1361. Action to recover damages.
     7          1362. Prohibited defenses.
     8          1363. Affirmative defenses.
     9          1364. Construction.
    10    § 1360. Definition. For the purposes  of  this  article:  1.  "Assault
    11  weapon"  shall have the same meaning as such term is defined in subdivi-
    12  sion twenty-two of section 265.00 of the penal law.
    13    2. "Ghost gun" shall have the same meaning as such term is defined  in
    14  subdivision thirty-two of section 265.00 of the penal law.
    15    §  1361. Action to recover damages. 1. Any person, other than an offi-
    16  cer or employee of a state or local government entity in this state  may
    17  bring a civil cause of action against any person or entity who:
    18    (a) manufactures, distributes, or sells assault weapons or ghost guns,
    19  or parts for any such weapons or ghost guns within the state;
    20    (b)  aids and abets an individual or entity in manufacturing, distrib-
    21  uting, or selling assault weapons or ghost guns, or parts for  any  such
    22  weapons or ghost guns within the state; or
    23    (c)  intends  to  manufacture,  distribute, or sell assault weapons or
    24  ghost guns within the state or aid and abet an individual or  entity  in
    25  manufacturing,  distributing,  or selling assault weapons or ghost guns,
    26  or parts for any such weapons or ghost guns within the state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14024-01-1
        A. 10561                            2

     1    2. (a) If a plaintiff prevails in an action brought pursuant  to  this
     2  section, such plaintiff shall be awarded injunctive relief sufficient to
     3  prevent  the defendant from continuing to aid and abet any violation the
     4  provisions of law set forth in subdivision one of this section, statuto-
     5  ry  damages  in  an  amount  not less than ten thousand dollars for each
     6  violation of such provisions and for any aiding  and  abetting  of  such
     7  provisions, and attorney's fees and other costs associated with bringing
     8  such cause of action.
     9    (b)  A court may not award relief under paragraph (a) of this subdivi-
    10  sion in response to a cause of action brought pursuant to  this  section
    11  if  the  defendant  demonstrates that he or she previously paid the full
    12  amount of statutory damages pursuant to paragraph (a) of  this  subdivi-
    13  sion  in  a previous action for that particular violation of a provision
    14  of law as set forth in subdivision  one  of  this  section  or  for  the
    15  particular  aiding  and abetting the violation of a provision of law set
    16  forth in subdivision one of this section.
    17    3. A plaintiff may bring a cause of action pursuant  to  this  section
    18  within four years of the date of the violation or aiding and abetting of
    19  the violation of the provisions of law.
    20    4.  Notwithstanding  any other law, this state, a state official, or a
    21  district or county attorney may not intervene in an action brought under
    22  this section.  This subdivision does not prohibit any such  person  from
    23  filing an amicus curiae brief in the action.
    24    5.  Notwithstanding  any  other  law,  a  court may not award costs or
    25  attorney's fees to a defendant in an action  brought  pursuant  to  this
    26  section.
    27    §  1362.  Prohibited defenses. The following shall not be a defense to
    28  an action brought pursuant to section thirteen hundred sixty-one of this
    29  article:
    30    1. ignorance or mistake of law;
    31    2. a defendant's belief that the requirements of this section  are  or
    32  were unconstitutional;
    33    3.  a defendant's reliance on any state or federal court decision that
    34  is not binding on the court in which the action has been brought;
    35    4. a defendant's reliance on any court decision that  has  been  over-
    36  ruled  on appeal or by a subsequent court, even if such decision has not
    37  been overruled when the defendant violated, aided or abetted in  violat-
    38  ing, or intended to violate the provisions of subdivision one of section
    39  thirteen hundred sixty-one of this article;
    40    5. non-mutual preclusion or non-mutual claim preclusion; or
    41    6. any claim that the enforcement of the provisions of this section or
    42  the imposition of civil liability against the defendant will violate the
    43  constitutional rights of third parties.
    44    §  1363.  Affirmative  defenses. 1. The following shall be affirmative
    45  defenses to an action  brought  pursuant  to  section  thirteen  hundred
    46  sixty-one of this article:
    47    (a) a defendant who aided or abetted a violation of one or more of the
    48  provisions  of  subdivision one of section thirteen hundred sixty-one of
    49  this article reasonably believed, after conducting a reasonable investi-
    50  gation, that an individual violating such provision  or  provisions  had
    51  complied or would comply with such laws; or
    52    (b) a defendant who intended to violate or aid and abet a violation of
    53  one  or  more  of  the provisions of subdivision one of section thirteen
    54  hundred sixty-one of this article reasonably believed, after  conducting
    55  a  reasonable investigation, that an individual violating such provision
    56  or provisions would comply with such laws.
        A. 10561                            3

     1    2. The defendant shall have  the  burden  of  proving  an  affirmative
     2  defense under subdivision one of this section.
     3    §  1364.  Construction.  This  article  may not be construed to impose
     4  liability on any speech or conduct protected by the first  amendment  of
     5  the United States constitution.
     6    § 2. This act shall take effect immediately.