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; intending to aid and abet in such manufacture, sale or distribution; or transporting or importing such weapons into the state; provides for a civil remedy of ten thousand dollars per violation.
STATE OF NEW YORK
________________________________________________________________________
8163--A
IN SENATE
January 27, 2022
___________
Introduced by Sens. SEPULVEDA, MYRIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to creat-
ing a civil cause of action for the manufacture, sale, distribution,
or import 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;
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14024-02-2
S. 8163--A 2
1 manufacturing, distributing, or selling assault weapons or ghost guns,
2 or parts for any such weapons or ghost guns within the state; or
3 (d) transports or imports into the state, or causes to be distributed,
4 transported, or imported into the state or gives or lends any assault
5 weapons or ghost guns within the state.
6 2. (a) If a plaintiff prevails in an action brought pursuant to this
7 section, such plaintiff shall be awarded injunctive relief sufficient to
8 prevent the defendant from continuing to aid and abet any violation the
9 provisions of law set forth in subdivision one of this section, statuto-
10 ry damages in an amount not less than ten thousand dollars for each
11 violation of such provisions and for any aiding and abetting of such
12 provisions, and attorney's fees and other costs associated with bringing
13 such cause of action.
14 (b) A court may not award relief under paragraph (a) of this subdivi-
15 sion in response to a cause of action brought pursuant to this section
16 if the defendant demonstrates that he or she previously paid the full
17 amount of statutory damages pursuant to paragraph (a) of this subdivi-
18 sion in a previous action for that particular violation of a provision
19 of law as set forth in subdivision one of this section or for the
20 particular aiding and abetting the violation of a provision of law set
21 forth in subdivision one of this section.
22 3. A plaintiff may bring a cause of action pursuant to this section
23 within four years of the date of the violation or aiding and abetting of
24 the violation of the provisions of law.
25 4. Notwithstanding any other law, this state, a state official, or a
26 district or county attorney may not intervene in an action brought under
27 this section. This subdivision does not prohibit any such person from
28 filing an amicus curiae brief in the action.
29 5. Notwithstanding any other law, a court may not award costs or
30 attorney's fees to a defendant in an action brought pursuant to this
31 section.
32 § 1362. Prohibited defenses. The following shall not be a defense to
33 an action brought pursuant to section thirteen hundred sixty-one of this
34 article:
35 1. ignorance or mistake of law;
36 2. a defendant's belief that the requirements of this section are or
37 were unconstitutional;
38 3. a defendant's reliance on any state or federal court decision that
39 is not binding on the court in which the action has been brought;
40 4. a defendant's reliance on any court decision that has been over-
41 ruled on appeal or by a subsequent court, even if such decision has not
42 been overruled when the defendant violated, aided or abetted in violat-
43 ing, or intended to violate the provisions of subdivision one of section
44 thirteen hundred sixty-one of this article;
45 5. non-mutual preclusion or non-mutual claim preclusion; or
46 6. any claim that the enforcement of the provisions of this section or
47 the imposition of civil liability against the defendant will violate the
48 constitutional rights of third parties.
49 § 1363. Affirmative defenses. 1. The following shall be affirmative
50 defenses to an action brought pursuant to section thirteen hundred
51 sixty-one of this article:
52 (a) a defendant who aided or abetted a violation of one or more of the
53 provisions of subdivision one of section thirteen hundred sixty-one of
54 this article reasonably believed, after conducting a reasonable investi-
55 gation, that an individual violating such provision or provisions had
56 complied or would comply with such laws; or
S. 8163--A 3
1 (b) a defendant who intended to violate or aid and abet a violation of
2 one or more of the provisions of subdivision one of section thirteen
3 hundred sixty-one of this article reasonably believed, after conducting
4 a reasonable investigation, that an individual violating such provision
5 or provisions would comply with such laws.
6 2. The defendant shall have the burden of proving an affirmative
7 defense under subdivision one of this section.
8 § 1364. Construction. This article may not be construed to impose
9 liability on any speech or conduct protected by the first amendment of
10 the United States constitution.
11 § 2. Severability. If any clause, sentence, paragraph or section of
12 this act shall be adjudged by any court of competent jurisdiction to be
13 invalid, the judgment shall not affect, impair or invalidate the remain-
14 der thereof, but shall be confined in its operation to the clause,
15 sentence, paragraph or section thereof directly involved in the contro-
16 versy in which the judgment shall have been rendered.
17 § 3. This act shall take effect immediately.
