NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9288
SPONSOR: Lucas 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:
Section 1: The insurance law is amended by adding a new section 2354.
Section 2: This act shall take effect on the ninetieth day after it
shall have become a law. Effective immediately, the addition , amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.
JUSTIFICATION:
Injury and death by gun-related accidents has increasingly become a
problem in the 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 murder in New York
in 2011 and 517 firearm murders in 2010. However, there is little atten-
tion 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
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. In addition, the 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:
2021-22: S4946 2019-20: 54868A Referred to Insurance
2017-18: S2857A-AMEND AND RECOMMIT TO INSURANCE PRINT NUMBER 486BA -
2015-16: S.2683-REFERRED TO INSURANCE
2013-14: S.3853-Referred to Insurance
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition , amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
STATE OF NEW YORK
________________________________________________________________________
9288
IN ASSEMBLY
February 23, 2024
___________
Introduced by M. of A. LUCAS -- read once and referred to the Committee
on Insurance
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 2354
2 to read as follows:
3 § 2354. 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 one million dollars specifically covering any damages result-
7 ing from any negligent acts involving the use of such firearm while it
8 is owned by such person. Failure to maintain such insurance shall result
9 in the immediate revocation of such owner's registration, license and
10 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 offi-
20 cer, as defined in section 2.10 of the criminal procedure law, police
21 officer, as defined in subdivision thirty-four of section 1.20 of the
22 criminal procedure law, or any member of the military who is on "active
23 duty" or "in active military service of the United States" as defined in
24 section one of the military law, who is authorized to carry a firearm.
25 5. The department is hereby authorized and directed to promulgate
26 rules and regulations necessary to carry out the provisions of this
27 section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07558-01-3
A. 9288 2
1 § 2. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately, the addition, amendment and/or
3 repeal of any rule or regulation necessary for the implementation of
4 this act on its effective date are authorized to be made and completed
5 on or before such date.
