NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3908A
SPONSOR: Ortiz TITLE OF BILL: An act to amend the insurance law, in relation to
requiring owners of firearms to obtain liability insurance
PURPOSE:
To amend the insurance law, to require firearm owners, prior to such
ownership, to obtain and continuously maintain a policy of liability
insurance to cover any damages resulting from the use of such firearm.
SUMMARY OF PROVISIONS:
Amends the insurance law by adding a new section 2353 in order to
require firearm owners to obtain and continuously maintain a policy of
liability insurance in an amount not less than two hundred fifty thou-
sand dollars. This amendment to the original bill reduces the amount of
coverage required from one million dollars to two hundred fifty thousand
dollars.
JUSTIFICATION:
Injury and death by gun has increasingly become a problem in U.S and in
New York State. In the wake of recent mass shooting incidents in Aurora,
Colorado and Newtown, Connecticut there has been a nationwide attention
on gun control and public safety.
According to FBI Crime Report, there were 445 firearm murders in New
York in 2011 and 517 firearm murders in 2010. However, there is little
attention on the economic impact these shootings have on the victims and
their families.
This legislation establishes and requires gun owners to obtain and main-
tain liability insurance policy prior to such ownership. By having this
insurance policy in place, innocent victims of gun-related accidents and
violence will be compensated for the medical care for their injuries.
In such cases where the gun was stolen, the original owner is typically
not liable unless the weapon was stolen through negligence on the part
of the owner.
This insurance policy will also serve as an incentive for firearm owners
to implement safety measures in order to conduct the activity as safely
as possible and only when necessary.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect ninetieth day after it shall have become law.
In addition, any amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
3908--A
2013-2014 Regular Sessions
IN ASSEMBLY
January 29, 2013
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Insurance -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to requiring owners of
firearms to obtain liability insurance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 2353
2 to read as follows:
3 § 2353. Firearm owners insurance policies. 1. Any person in this
4 state who shall own a firearm shall, prior to such ownership, obtain and
5 continuously maintain a policy of liability insurance in an amount not
6 less than two hundred fifty thousand dollars specifically covering any
7 damages resulting from any negligent acts involving the use of such
8 firearm while it is owned by such person. Failure to maintain such
9 insurance shall result in the immediate revocation of such owner's
10 registration, license and any other privilege to own such firearm.
11 2. For purposes of this section, a person shall be deemed to be the
12 owner of a firearm if such firearm is lost or stolen until such loss or
13 theft is reported to the police department or sheriff which has juris-
14 diction in the county, town, city or village in which such owner
15 resides.
16 3. Any person who owns a firearm on the effective date of this section
17 shall obtain the insurance required by this section within thirty days
18 of such effective date.
19 4. The provisions of this section shall not apply to any peace officer
20 who is authorized to carry a firearm.
21 5. The department is hereby authorized and directed to promulgate
22 rules and regulations necessary to carry out the provisions of this
23 section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07448-02-3
A. 3908--A 2
1 § 2. This act shall take effect on the ninetieth day after it shall
2 have become a law, provided, however, that effective immediately, the
3 addition, amendment and/or repeal of any rule or regulation necessary
4 for the implementation of this act on its effective date is authorized
5 to be made and completed on or before such date.
