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A03908 Summary:

BILL NOA03908A
 
SAME ASNo same as
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Add S2353, Ins L
 
Requires owners of firearms to obtain liability insurance in an amount not less than two hundred fifty thousand dollars.
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A03908 Memo:

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.
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A03908 Text:



 
                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.
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