A03314 Summary:

BILL NOA03314
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRBurdick, Kelles, Weprin, Forrest
 
MLTSPNSR
 
Add §400.04, Pen L
 
Requires liability insurance for owners of firearms, rifles and shotguns.
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A03314 Actions:

BILL NOA03314
 
02/02/2023referred to insurance
01/03/2024referred to insurance
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A03314 Committee Votes:

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A03314 Floor Votes:

There are no votes for this bill in this legislative session.
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A03314 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3314
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A. DINOWITZ, BURDICK, KELLES, WEPRIN, FORREST --
          read once and referred to the Committee on Insurance
 
        AN ACT to amend the penal  law,  in  relation  to  requiring  owners  of
          firearms, rifles and shotguns 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 penal law is amended by adding a new section 400.04  to
     2  read as follows:
     3  § 400.04 Liability  insurance  for  owners of firearms, rifles and shot-
     4              guns.
     5    1. Any person in this state who shall own any firearm, rifle or  shot-
     6  gun  as  defined  in section 265.00 of this chapter shall, prior to such
     7  ownership and prior to the issuance of a   license under  this  article,
     8  obtain and continuously maintain a policy of liability insurance in such
     9  amount  or  amounts  as  determined  by  the superintendent of financial
    10  services specifically covering any damages resulting from any  negligent
    11  acts  involving  the  use  of such firearm, rifle or shotgun while it is
    12  owned by such person. Failure to maintain  such  insurance  shall  be  a
    13  violation punishable by a fine of at least one hundred fifty dollars and
    14  not more than one thousand five hundred dollars and shall also result in
    15  the  immediate  revocation of such owner's registration, license and any
    16  other privilege to own or possess a firearm, rifle or shotgun.
    17    2. For purposes of this section, a person shall be deemed  to  be  the
    18  owner  of  a firearm, rifle or shotgun if such firearm, rifle or shotgun
    19  is lost or stolen until such loss or theft is  reported  to  the  police
    20  department  or  sheriff which has jurisdiction in the county, town, city
    21  or village in which such owner resides.
    22    3. Any person who owns a firearm, rifle or shotgun  on  the  effective
    23  date of this section shall obtain the insurance required by this section
    24  within  ninety days of the issuance of regulations by the superintendent
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01547-01-3

        A. 3314                             2
 
     1  of financial services setting forth the requirements, terms and coverage
     2  for such insurance.
     3    4.  The  provisions of this section shall not apply to any peace offi-
     4  cer, as defined in section 2.10 of the criminal  procedure  law,  police
     5  officer,  as  defined  in subdivision thirty-four of section 1.20 of the
     6  criminal procedure law, or any member of the military who is on  "active
     7  duty" or "in active military service of the United States" as defined in
     8  section one of the military law, who is authorized to carry a firearm.
     9    5.  The  department  of  financial  services  is hereby authorized and
    10  directed to promulgate rules and regulations necessary to carry out  the
    11  provisions of this section.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal of any rule or regulation necessary  for  the  implementation  of
    15  this  act  on its effective date are authorized to be made and completed
    16  on or before such date.
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