Requires persons engaged in the business of selling firearms, rifles, or shotguns to sell them with a locking device; authorizes the award of compensation to individuals injured by any person using a firearm, rifle or shotgun if the person who sold or transferred such weapon to another person did so without providing at the time of sale or delivery a gun locking device that is capable of preventing the weapon from discharging, when required to do so; preserves existing remedies; defines gun locking device for purposes of the penal law.
STATE OF NEW YORK
________________________________________________________________________
4377
2009-2010 Regular Sessions
IN ASSEMBLY
February 3, 2009
___________
Introduced by M. of A. KOON, ENGLEBRIGHT, CARROZZA -- Multi-Sponsored by
-- M. of A. CLARK, EDDINGTON, GALEF -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to the compen-
sation for injury resulting from the sale of a weapon without a gun
locking device and to amend the penal law, in relation to the defi-
nition of gun locking device
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general obligations law is amended by adding a new
2 section 11-108 to read as follows:
3 § 11-108. Compensation for injury resulting from the sale of a weapon
4 without a gun locking device. 1. No person, firm, corporation, or other
5 entity engaged in the retail business of selling rifles, shotguns, or
6 firearms, as those terms are defined in section 265.00 of the penal law,
7 shall sell or transfer any such weapon to another person unless the
8 transferee is provided at the time of sale or delivery with a gun lock-
9 ing device that is capable of preventing the weapon from discharging.
10 2. As used in this section, the term "gun locking device" means an
11 integrated design feature or an attachable accessory that is resistant
12 to tampering and is effective in preventing the discharge of a rifle,
13 shotgun, or firearm by a person who does not have access to the key,
14 combination, or other mechanism used to disengage the device.
15 3. Any person who shall be injured in person, property, means of
16 support, or otherwise, whether resulting in his or her death or not, by
17 any person using a firearm, rifle, or shotgun, shall have a right of
18 action and may receive compensatory damages against any person, firm,
19 corporation, or other entity engaged in the retail business of selling
20 firearms, rifles, or shotguns, as those terms are defined in section
21 265.00 of the penal law, if such person, firm, corporation, or other
22 entity sold or transferred the firearm, rifle, or shotgun to any person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02414-01-9
A. 4377 2
1 in violation of subdivision one of this section and such sale or trans-
2 fer occurred prior to or on the date of such injury. Such cause of
3 action shall exist regardless of the negligence or lack thereof of the
4 person, firm, corporation, or other entity selling or transferring the
5 firearm, rifle, or shotgun. Such action may be brought in any court of
6 competent jurisdiction.
7 4. In case of death of either party, the action or right of action
8 given under subdivision three of this section shall survive to or
9 against his or her executor or administrator.
10 5. Nothing in this section shall be construed to impose civil or crim-
11 inal liability upon any person who is not engaged in the retail business
12 of selling firearms, rifles, or shotguns and who sells or transfers such
13 a weapon without a gun locking device.
14 6. Nothing contained in this section shall be construed as limiting
15 any existing legal cause of action or remedy at law, in statute, or in
16 equity.
17 § 2. Section 265.00 of the penal law is amended by adding a new subdi-
18 vision 24 to read as follows:
19 24. "Gun locking device" means an integrated design feature or an
20 attachable accessory that is resistant to tampering and is effective in
21 preventing the discharge of a rifle, shotgun, or firearm by a person who
22 does not have access to the key, combination, or other mechanism used to
23 disengage the device. The division of state police shall develop and
24 promulgate rules and regulations setting forth the specific devices or
25 the minimum standards and criteria therefor which constitute an effec-
26 tive gun locking device.
27 § 3. This act shall take effect on the first of January next succeed-
28 ing the date on which it shall have become a law.
